Saturday, April 28, 2007

About that FBI Special Agent In Charge

Remember FBI Special Agent in Charge Dan Dzwilewski? He's the guy that led the Cunningham investigation on the FBI side. He's also the guy who shared his candid opinions about Carol Lam's firing:
“I don't think it's the right way to treat anybody. What's the decision based on?” Dzwilewski said. “I don't share the view of whoever's making the decision back there in Washington that they'd like her to resign. I feel Carol has an excellent reputation and has done an excellent job given her limited resources.”

Dzwilewski said he sympathized with Lam on issues of stretching budgets to meet priorities and felt that criticism that she wasn't giving proper attention to smuggling, drugs and gun crimes was off-base. “What do you expect her to do? Let corruption exist?” he said.

Lam's continued employment as U.S. attorney is crucial to the success of multiple ongoing investigations, the FBI chief said.

As for the reason for any pressure to resign, Dzwilewski said: “I can't speak for what's behind all that, what's the driving force behind this or the rationale. I guarantee politics is involved.”
Dzwilewski declined to discuss Lam's demeanor during their conversations, her state of mind, when or if she will resign or her future plans.

“It will be a huge loss from my perspective,” Dzwilewski said. “What she's going to do, my guess is she's still trying to figure that out herself.”
And then, just a month and a half later, Dzwilewski unexpectedly announced his retirement from the FBI (for those keeping track, his last day will be Monday).

Well, the list of documents the DOJ won't give us has an interesting detail regarding Dzwilewski. The day the original SD Union Tribune article came out printing Dzwilewski's comments, Sampson sent a "notification" to the FBI about the article. The description of the email reads:
Notifying FBI of Union-Tribune article re: Lam's resignation and FBI SAC D. Dzwilewski.
Only it must have been some notice. Because Sampson's email was 5 pages long. To "notify" someone about an article that is only 3 pages long.

Sampson sent the email to Lisa Monaco, who then served as Special Counsel to Robert Mueller, but who, a week before Dzwilewski's announced retirement, got promoted to Deputy Chief of Staff. (For the record, Monaco has impressive degrees from Harvard and Chicago, served as Counsel to Janet Reno, and was one of the prosecutors on the Enron case, so she's not Monica Goodling, not by any shade.)

After "notifying" Monaco, Sampson forwarded that email exchange to Matthew Friedrich, the Chief of Staff and Principal Deputy Assistant Attorney General for the Criminal Division. Friedrich, like the guy who just resigned due to conflicts and possible criminal attention in the Abramoff probe, reports to Alice Fisher. And he presumably knows Monaco from the Enron trial, where he helped prosecute Anderson. Kind of curious, really, that Sampson would be "notifying" the criminal side, rather than, say, the Public Affairs side about a huge PR problem. (Though Sampson appears to have discussed it afterwards with Goodling, Elston, and Moschella.)

There's one more detail that may be relevant here. Kyle Foggo's lawyers are arguing that Foggo was improperly indicted only in response to leaks about the grand jury investigation. They're demanding an investigation into who leaked those details. One suggestion they've made (not that they're making any allegations, mind you) is that either Lam or Dzwilewski might have been involved.

[T]he United States Attorney at the time of the leaks occurred is no longer employed by the government and, according to press reports, the Special Agent-In Charge of the FBI's San Diego field office is leaving the government for employment in the private sector on April 30, 2007. Both of these individuals were undoubtedly in possession of grand jury information.

Now, we knew that John Pistole, Mueller's Deputy, chewed Dzwilewski for his comments. I guess we shouldn't be surprised that that happened after Kyle Sampson complained notified the FBI about the comments. Nor should we be surprised that Sampson doesn't want us to see that "notification."

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