Senator says he asked, not pushed, prosecutor

Sen. Pete V. Domenici (R-N.M.) acknowledged Sunday that he called New Mexico’s U.S. attorney last year to ask about the status of a criminal investigation of state Democrats, but denied applying pressure or making threats.

U.S. Atty. David Iglesias was fired by the Justice Department in December. Iglesias says he resisted pressure from two members of Congress before November’s election to rush indictments. He says he thinks that’s why he was fired.

Domenici refused last week to say whether he had contacted Iglesias, and Iglesias -- a Republican -- has said he won’t name the lawmakers unless asked under oath. Senate rules generally bar communications between members of Congress and federal prosecutors about ongoing criminal investigations.

A House Judiciary subcommittee has subpoenaed Iglesias to testify under oath Tuesday; he’s also to appear before a Senate committee that day.

On Sunday, Domenici said in a statement that he had asked Iglesias “if he could tell me what was going on in that investigation and give me an idea of what time frame we were looking at.”

“It was a very brief conversation” that ended, the senator said, when Domenici was told the investigation “would be continuing for a lengthy period.”

“In retrospect, I regret making that call and I apologize,” Domenici said. “However, at no time in that conversation or any other conversation with Mr. Iglesias did I ever tell him what course of action I thought he should take on any legal matter. I have never pressured him nor threatened him in any way.”

Domenici noted in his statement that he had recommended Iglesias’ appointment in 2001, but later became disillusioned with him and suggested “several months” before the telephone call that he be replaced.

Kenneth Gross, a Washington expert on congressional ethics rules, said Domenici’s call to Iglesias could have violated Senate ethics rules if there was an element of pressure or coercion to his inquiry. “It doesn’t sound very good to me. But requests for the status of cases are generally considered permissible.”

Iglesias said last week that he was shocked to receive two separate phone calls in mid-October from lawmakers who asked about details of the inquiry.