Hagan hunts for a prosecutor

Her voice will be heard when Obama picks U.S. attorneys

When it comes to sending corrupt politicians to prison, the U.S. attorney's office in Raleigh has some big trophies.

Under Republican leadership for the past six years, federal prosecutors in the Eastern District of North Carolina have taken down a state agriculture commissioner, the speaker of the state House, a congressman and a lottery commissioner, all Democrats.

Now, with President-elect Barack Obama poised to appoint a Democrat to the office, some Republicans worry that the state will lose its top corruption cop at a time when Democrats control most of state government.

"The one watchdog for the people of North Carolina has been prosecutors in the Eastern District," said Kieran Shanahan, a Raleigh lawyer who is a former assistant U.S. attorney. "It would be a disappointment if they did not continue that effort."

North Carolina has three U.S. attorneys, one each in the Western, Middle and Eastern judicial districts. But the Eastern District, which covers 44 counties, is the most important in state corruption cases because it includes the capital, Raleigh.

Although Obama will actually name the three prosecutors, Sen.-elect Kay Hagan will have an unofficial but potentially influential voice in picking them.

In a recent interview, Hagan said she has received "a host of calls, recommendations and resumes" but had not made any decisions. She said she'll base her recommendations on experience and references.

"I think different people bring different strengths to that position," said Hagan, who has a law degree from Wake Forest University. "I want to work with people in North Carolina and talk to other people who are experts in the area. I think references will play a big role in that."

Corruption cases are only a fraction of the load for federal prosecutors, who spend most of their time investigating white-collar crimes, breaking up drug rings and pressing charges against felons who illegally possess guns. But the office has special powers for fighting corruption.

As a federal appointee, the U.S. attorney is insulated from political considerations that might deter a local prosecutor or the state Attorney General's Office from a case. Federal prosecutors also have larger budgets, nationwide subpoena power and more powerful grand juries.

Although U.S. attorneys are political appointees, by policy and tradition they are supposed to avoid politically motivated prosecutions.

The firing of seven U.S. attorneys by the Bush administration in 2006 led some observers to question that neutrality. But few Democrats in North Carolina have argued that Agriculture Commissioner Meg Scott Phipps, former House Speaker Jim Black, U.S. Rep. Frank Ballance and lottery commissioner Kevin Geddings were unfairly prosecuted.

The job of U.S. attorney, a highly sought prize, usually goes to a politically well-connected lawyer.

Eastern District U.S. Attorney George Holding, appointed in 2005, comes from a prominent Smithfield banking family with ties to former U.S. Sen. Jesse Helms.

Former U.S. Attorney Janice McKenzie Cole, a Democrat who ran the Eastern District from 1994 to 2001, said she enjoyed the power and prestige. She said she did not relish the spotlight on all decisions.

"It's a job where you have a lot of visibility and you're called upon to make these very tough decisions in prosecutions and investigations," Cole said. "I wouldn't necessarily call it a fun job, but it is an excellent opportunity to have an impact."

The job can be a steppingstone, but does not always lead to bigger, better posts. Former Republican U.S. Attorney Frank Whitney has a lifetime appointment as a federal judge in Charlotte; a predecessor, Sam Currin, is in prison for money laundering.

Cole ran unsuccessfully for Congress in 2002 and now handles immigration cases at her own firm.

State Appeals Court Judge Doug McCullough, who served as an interim U.S. attorney in 1987 and 1993, said the ideal appointee would have experience in the federal court system. "A Democratic alumnus of the office would probably be the leading contender," said McCullough, a Republican. "If not, somebody who clerked for a federal judge or who works in the federal courts in private practice."

State Rep. Mickey Michaux, who was appointed U.S. attorney for the state's Middle District in 1977, said a personal relationship with one or both of the state's U.S. senators is as important as a solid resume.

As a state legislator, Michaux worked closely with then-Attorney General Robert Morgan and had experience as an assistant district attorney and a private lawyer. When Morgan was elected to the U.S. Senate, he turned to Michaux.

"Keep your eye on Sen. Hagan," Michaux said. "She may have had some lawyers who were helpful to her in her campaign. She may be getting some ideas from bar associations in each of the districts. But she has the upper hand."