Docked for Duty?

When he wasn't doing his day job as U.S. attorney in New Mexico, David Iglesias was a captain in the Navy Reserve, teaching foreign military officers about international terrorism.

But Iglesias's military service in support of what the Pentagon likes to call the Global War on Terror (GWOT) apparently didn't go down well with his superiors at the Justice Department. Recently released documents show that one reason aides to Attorney General Alberto Gonzales cited in justifying the decision to fire Iglesias as U.S attorney late last year was that he was an "absentee landlord" who was spending too much time away from the office.

That explanation may create new legal problems for Gonzales and Justice. Iglesias confirmed to NEWSWEEK that he was recently questioned by lawyers for the Office of Special Counsel, an independent federal watchdog agency, to determine if his dismissal was a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law that prohibits job discrimination against members of the U.S. military.

At the encouragement of Office of Special Counsel director Scott Bloch and his deputies, Iglesias said he is this week filing a formal legal complaint with OSC against the Justice Department over his dismissal on this and other grounds. (While the Justice Department normally prosecutes USERRA violations, the OSC, an independent federal agency that protects the rights of whistle-blowers, takes the case when the potential violator is the federal government itself.) "I want to make sure they didn't fire me because of my military duty," Iglesias said. "When I was away from the office, it wasn't like I was going on vacation in Europe." (A Justice Department spokesman did not respond for a request for comment on whether Iglesias's firing might have been a violation of the law.)

The OSC's inquiry into the Iglesias case—first reported this week in NEWSWEEK—injects yet another irony to the controversy over the U.S. attorney firings.

The Bush administration has vigorously promoted enforcement of USERRA—in large part because of the dramatic increase in National Guard and military reserve members who have been called into active duty due to the wars in Iraq and Afghanistan. The law's purpose—highlighted by Gonzales himself in a Justice Department press release last summer—is to make sure reservists and National Guard members don't suffer in the workplace when they are called to serve their country.