U.S. attorney to probe stolen memos

The Department of Justice has assigned a U.S. attorney to investigate whether any federal crimes were committed when Republican staffers downloaded thousands of Democratic Judiciary Committee staff memos.

In a letter sent yesterday to a bipartisan group of senators who requested the investigation, Assistant Attorney General William E. Moschella said the case will be handled with the “utmost professionalism” by David Kelley, U.S. attorney for the Southern District of New York.

Manuel Miranda — a former staffer to Senate Judiciary Committee Chairman Orrin G. Hatch, Utah Republican, and Majority Leader Bill Frist, Tennessee Republican — has acknowledged viewing many of the Democratic files downloaded by a colleague on Mr. Hatch’s staff.

“This is an expected referral to a professional to determine whether or not a crime has been committed,” said Mr. Miranda, who resigned in the ensuing publicity. “No crime was committed. If I thought a crime had been committed, I would go down to the station and turn myself in.”

The matter already has been investigated by the Senate sergeant-at-arms, with no conclusion reached about how to proceed. Democrats, along with a few Republican members of the Judiciary Committee, wrote several letters to Attorney General John Ashcroft asking him to refer the matter to a professional prosecutor.

“This is a serious matter that deserves and requires careful investigation,” said Sen. Patrick J. Leahy, Vermont Democrat and ranking member on the Judiciary Committee.

“With the powers available to a federal prosecutor, this matter can now be more thoroughly investigated, so that those who engaged in criminal conduct may be brought to justice. I look forward to helping Mr. Kelley in any way I can.”

Although the manner in which the memos were obtained has made headlines across the country, the content of the purloined memos has been largely overlooked.

In one memo, staffers to Sen. Edward M. Kennedy, Massachusetts Democrat, urged that a conservative nominee to the 6th U.S. Circuit Court of Appeals be stalled until after that panel had decided in favor of the University of Michigan’s racial-preferences policy in its admissions program.

“I hope this referral includes the charges of public corruption filed against Democratic senators with the Department of Justice Office of Public Integrity,” said Mr. Miranda, who has become something of a hero among conservatives.

“I expect that a fair law-enforcement professional will find that no crime has been committed.”