More attorneys are blasting a letter issued by U.S. Attorney Greg Fouratt after his year-long investigation of Gov. Bill Richardson’s administration ended with no indictments.
The investigation looked into whether there was a pay-to-play scheme back in 2004, between CDR Financial Products and Richardson. The company won a big state contract despite not being the lowest bidder, in the same time period that it also contributed hefty sums to two Richardson political committees.
In an article about Richardson’s political future now that the investigation is over, Politico quotes a “top Washington defense attorney” and a former U.S. Attorney from Washington state during the George H.W. Bush administration who say the letter written by Fouratt revealed poor judgment.
Fouratt issued the letter to defense attorneys representing those being investigated by the grand jury. In the letter, he wrote that his investigation found that pressure applied by the Richardson administration “corrupted the procurement process.” The letter went on to argue that the lack of indictments shouldn’t be interpreted as an exoneration.
Stan Brandt, the defense attorney, told Politico the letter was a “cheap shot,” and that Fouratt shouldn’t have commented:
If Fouratt thought he had a case, he should have filed charges, but if he didn’t, he should have let the investigation end without comment, said Stan Brand, a top Washington defense attorney. “Put up or shut up,” said Brand, who called the letter “a cheap shot.”
Mike McKay, the U.S. attorney, said the letter showed “extremely poor judgment” and that federal criminal investigations shouldn’t be disclosed so that reputations won’t be damaged:
Mike McKay, who served as U.S. attorney for the Western District of Washington state under President George H.W. Bush from 1989 to 1993, called Fouratt’s letter “virtually unprecedented. It reflects extremely poor judgment.”
“The very existence of federal criminal investigations is not supposed to be disclosed,” he said, citing the potential damage to the subjects’ reputations. “And certainly for the same reasons, you don’t disclose closed investigations,” he said.