Sampson, who resigned as chief of staff to Attorney General Alberto Gonzales in March 2007 in the midst of a scandal involving the firing of several U.S. attorneys, "violated department policy and federal law, and committed misconduct, by considering political or ideological affiliations when hiring" immigration judges, according to an investigation by the department's Inspector General and Office of Professional Conduct.
Sampson said he believed that immigration judges were political appointees, not career positions, and some consideration could be given to partisan affiliation.
But the IG didn't buy it.
"Even if Sampson was confused or mistaken in his interpretation of the rules that applied to [immigration judge] hiring, we do not believe that would excuse his actions," the report states. "His actions, which were carried out over a lengthy period of time and were not based on formal advice from anyone, systematically violated federal law and Department policy and constituted misconduct."
Sampson's attorney, Bradford Berenson, says his client "consistently opposed the use of political or partisan hiring criteria" for positions he knew to be career, civil service jobs.
The Inspector General report "documents several instances in which he interceded to prevent other Department officials from taking such criteria into account," Berenson said in a statement. "With respect to Immigration Judges, he believed in complete good faith that they were not career civil service positions and that political criteria could be taken into account."
When he was told the judge positions were career appointments, he immediately agreed to end any consideration of political affiliation, Berenson added.
The report does not recommend turning the case over to a special prosecutor or for the Justice Department to seek further action, unless Sampson or any other former DOJ employees mentioned in the report reapply for positions at the department.
The department cannot discipline Sampson since he resigned in March 2007. The Brigham Young University graduate and Cedar City native is now a partner in a private firm.
House Judiciary Chairman John Conyers, D-Mich., said that the report indicates Sampson and two others, Monica Goodling and Gonzales, may have lied to Congress in their testimony about the hirings.
"I have directed my staff to closely review this matter and to consider whether a criminal referral for perjury is needed," Conyers said.
Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., charged that the report shows a widespread problem of the Bush administration encouraging politicization of the nation's top law enforcement agency.
"Rather than strengthening our national security, the Department of Justice appears to have bent to the political will of the administration," Leahy said. "Further, the report reveals that the 'principal source' for politically vetted candidates considered for important positions as immigration judges was the White House - a clear indication of the untoward political influence of the Bush administration on traditionally non-political appointments."
Attorney General Michael Mukasey, who took over after the resignation of then-Attorney General Alberto Gonzales, said he was "disturbed" by the IG's findings and said he has made clear such conduct will not be allowed in the department.
"It is crucial that the American people have confidence in the propriety of what we do and how we do it, and I will continue my efforts to make certain they can have such confidence," Mukasey said in a statement.
