Former Seattle US Attorney sees ‘painful’ parallels between his firing and current moves by Trump

The George W. Bush administration’s firing of Seattle’s U.S. Attorney John McKay and eight colleagues back in 2006 prompted criticism and an investigation that found political motivations played a role in some of the cases. An inspector general’s report could not rule out that McKay’s refusal to criminally investigate voter fraud in Washington State’s 2004 governor’s race factored into his dismissal.

In the years since that volatile episode, McKay has taught at Seattle University’s law school and done pro bono legal work for the Northwest Justice Project.

At the time, “it was painful for me and others to go through it,” McKay said in an interview. “But it looks like we’re about to go through that pain again. And my hope is that [the conversation] will focus on the important role of the independence of prosecutors.”

The Trump Administration’s decision to drop corruption charges against New York Mayor Eric Adams has led to the resignation of Manhattan’s interim U.S. Attorney and the lead prosecutor in that case.

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McKay said he's torn to hear of these resignations, because the work of federal prosecutors is so important.

“I hope people of competence and integrity will find a way to stay. But I totally understand if at some point it becomes necessary to resign rather than to commit what they see is an unlawful act. I think that’s what’s happening," he said. "So I’m proud and a little bit scared at the same time.”

This week the Trump Administration also removed Tessa Gorman as U.S. Attorney for the Western District of Washington, along with terminations of other U.S. Attorneys around the country. However, Gorman remains on staff as an assistant U.S. attorney.

McKay called the manner of Gorman's removal unusual, because she is a career civil servant and there is no presidential appointee ready to take her place.

“What they’ve done is remove the acting leadership, and not apparently as part of any kind of a plan," McKay said. "That’s why people’s eyebrows are raised a little bit over the removal of Tessa Gorman because she’s a professional, non-political appointee.”

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Gorman served as Acting U.S. Attorney in Seattle after Biden appointee Nick Brown departed the office to run successfully for Washington Attorney General. Gorman was sworn in as U.S. Attorney on Jan. 16, 2024 after being appointed first by then-Attorney General Merrick Garland and later by the district's federal judges.

Jenny Durkan was U.S. Attorney in Seattle from 2009 to 2014, before serving as mayor of Seattle from 2018 to 2022.

"It is the President’s prerogative to have all of the prior administration’s political appointees step down, including DOJ appointees," Durkan said by email.

But she said it's not required or always customary.

"When I was U.S. Attorney under President Obama, I served alongside some excellent U.S. Attorneys that had been appointed by President Bush. Some even served on AG Eric Holder’s Advisory Committee," Durkan said.

Regarding Gorman's removal, Durkan said, "Our U.S. Attorney’s office has a longstanding reputation of bringing cases based on merit and to advance the safety and security of the region, and never to advance political goals."

Durkan said Gorman exemplified someone dedicated to justice, not politics.

"It is a challenging time for DOJ right now," she said. "I hope the [Assistant U.S. Attorneys] in our office know that their work is important and valued."

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John McKay said people concerned about the recent direction of the U.S. Justice Department are considering next steps.

"Millions and millions of people installed Donald Trump in office, and he's entitled to run the executive branch, but he's not entitled to violate the law," McKay said. "So, that's going to be the tension point here. I'm not sure exactly how it's going to go, but I do know this, people who love and support the Constitution of the United States are going to have to stand up and say so."