An Open Letter to Former U.S. Attorney John McKay

Several recent editorials in our local newspaper by commentator Adele Ferguson addressed your situation as U.S Attorney. She claimed that US Attorneys are simply political appointees serving at the whim of the President, and that citizens should really expect no higher standard than political considerations in the handling of personnel matters for these important government posts, implying that if you were asked to resign solely for political reasons we should all just get over it. Oddly, considering that according to her first point no substantive rationale is necessary, she also alleged your firing was justified for performance reasons, though her allegation differed with the performance-based rationale provided by the Department of Justice.

First, I would like to know, based on your experience as US Attorney and your legal expertise and familiarity with the American justice system, what I should expect of the U.S. Department of Justice. That is, as a voter, taxpayer and citizen, is it unreasonable of me to expect the Department of Justice to operate in a fair, non-partisan fashion, that is, that US Attorneys, once appointed by the President, serve the United States to the best of their ability by evaluating cases on their legal merits and importance, upholding the laws as they are written? I had thought this is a big part of what is meant by the phrase: “the rule of law.” Or should I accept the Department of Justice for which Ms. Ferguson advocates, one that is a political tool of whichever party controls it, recognizing that it will pursue an agenda motivated principally by partisan considerations? Which one of these approaches do you think better serves the interests of our nation?

Second, do you think that perhaps Ms. Ferguson has somehow obtained information to which you and the office of the U.S. Attorney did not have access, or that her legal judgment is more acute than yours and the professionals in the U.S Attorney’s office in Seattle. She seems quite certain that a mistake was made in a high visibility case, despite extraordinary public interest, and the expertise, deliberative processes and checks and balances which your office brought to bear, and in spite of your record of accomplishments, your positive performance reviews, and your professional and political credentials (not least of which is that you are a republican nominated to your position by a republican president). I wonder whether in retrospect and given Ms. Ferguson’s profound insight, it might not have been appropriate to hire her as consultant to the U.S. Attorney’s office?

I suppose I should point out that it might bother me significantly if you answered that I should expect the DOJ to be a partisan political tool. I, and I suspect many others, could lose faith in our legal system. I cannot shake a sense that Ms. Ferguson’s prospectus for the Department of Justice is not consistent with the sentiment “… and justice for all”. On the other hand, I can easily see that having someone on the staff of the U.S. Attorney’s office who can determine when crimes have been committed without having to resort to the difficult process of availing themselves of the facts would be a great convenience. Thank you for considering my questions.