Sampson, who was chief of staff under Attorney General Alberto Gonzales, "violated department policy and federal law, and committed misconduct, by considering political or ideological affiliations when hiring" immigration judges, according to a probe by the department's Inspector General and Office of Professional Responsibility. Sampson resigned his post in March 2007 amid a scandal involving the firing of several U.S. attorneys.

It is unlawful to base the hiring of career civil service officials on political affiliation, but Sampson said he believed immigration judges were political appointees, whose partisan allegiances could be considered.

The I.G. didn't buy it.

"Even if Sampson was confused or mistaken in his interpretation of the rules that applied to [immigration judges] 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, said the Inspector General report "documents several instances in which [Sampson] interceded to prevent other department officials from taking such criteria into account."

"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," Berenson said. When he was told otherwise, Sampson immediately stopped the practice of considering political affiliation, Berenson added.

Sampson cannot be punished by the department since he no longer works there, and the report does not recommend any criminal investigation. The Brigham Young University graduate is now a partner in a private firm.

Gonzales appeared unaware of the political hiring process outlined by Monica Goodling, Gonzales' then-counselor and White House liaison, and Sampson, the report said. Gonzales has kept a low profile since leaving the department, and said in a statement Monday that ''political considerations should play no part in the hiring of career officials at the Department of Justice. . . . I agree with the report's recommendations.''

But House Judiciary Chairman John Conyers, D-Mich., said that the report indicates Sampson, Gonzales and Goodling 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.

"The report reveals that the 'principal source' for politically vetted candidates considered for important positions as immigration judges was the White House," Leahy said.

When Sampson moved from the White House to the Justice Department in spring 2004, he changed the way immigration judges were hired. "In the sense that names were solicited from the . . . White House offices that were involved in political hiring, [we] were only considering essentially Republican lawyers for appointment," he is quoted in the report as saying.

In some cases, Republican senators, including Sen. Orrin Hatch of Utah, also recommended immigration judges. When a spot in Utah opened up, Hatch recommended a job candidate, and when that one fell through, he again suggested a person for the role.

Hatch stood by his actions Monday.

"Immigration remains a hot topic in Utah and ensuring qualified candidates are considered for these important positions has always been a high priority," Hatch said in a statement.

Said Sen. Edward Kennedy, D-Mass: "I'm particularly appalled by the report's disclosure that politics also corrupted the hiring process for immigration judges. Immigration judges make life-altering, and even life-saving, decisions on behalf of thousands of immigrants and refugees every year. Hiring people based on their political affiliation instead of their immigration expertise is illegal and inexcusable."

Attorney General Michael Mukasey, who took over after Gonzales' resignation, said he was "disturbed" by the I.G.'s findings and said he has made clear such conduct will not be allowed in the department.

tburr@sltrib.com

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* ROBERT GEHRKE and The Associated Press contributed to this story.