Daniel Bogden Outgoing U.S. attorney praised by District Attorney David Roger David Roger District attorney says federal prosecutor "was always willing to help"

Clark County District Attorney David Roger expressed surprise Monday at the ouster of Nevada's top federal prosecutor, Daniel Bogden, saying Bogden was an aggressive prosecutor who worked effectively with local law enforcement.

Roger said he learned of Bogden's departure after reading a Monday article about it in the Review-Journal.

"I was very surprised his tenure as U.S. attorney has ended," Roger said. "I thought he was a great U.S. attorney."

Bogden's ouster has prompted speculation that he was removed because of politics. Bogden's forced resignation also comes in the wake of lingering questions about how the Bush administration has used a provision in the Patriot Act to make U.S. attorney appointments without submitting them to the Senate for review. The matter prompted an editorial in The New York Times on Monday that called for a Senate investigation.

The U.S. attorney in San Diego, Carol Lam, who like Bogden prosecuted a public corruption case linked to the Clark County Commission, was asked to resign despite the fact that she is well-respected in the region, according to the San Diego Union-Tribune.

None of Nevada's federal legislators made themselves available Monday for an interview with the Review-Journal on the topic of Bogden's removal.

Sen. John Ensign, R-Nev., was the legislator who originally recommended Bogden for his position. On Monday, his spokesman said Ensign was not available for an interview. Ensign on Sunday had issued a statement praising Bogden's work.

Senate Majority Leader Harry Reid, D-Nev., has advocated changing the provision of the Patriot Act that allows the U.S. attorney general to make interim appointments of U.S. attorneys with no time limits and no Senate confirmation.

Reid's spokesman said Monday Reid was not available for a phone interview because he was traveling.

"He thought it was unfortunate," Reid spokesman Jon Summers said. "It's something he wants to fix legislatively within the Patriot Act."

Rep. John Porter, R-Nev., declined a request for an interview. His spokesman said Porter also learned about Bogden's resignation from the newspaper article and, as a result, was not in a position to comment on what led to Bogden's departure.

Natalie Collins, spokeswoman for the U.S. attorney's office in Las Vegas, did not respond to a call Monday seeking comment. She also did not return a phone call seeking comment on Sunday.

A regional spokesman for the U.S. attorney's office declined comment.

Also unavailable for interviews Monday were Rep. Shelley Berkley, D-Nev., and Rep. Dean Heller, R-Nev.

A source within the U.S. attorney's office in Nevada has previously told the Review-Journal morale was low in the office under Bogden. According to the source, Bogden was viewed as indecisive and secretive.

There was also criticism of the office's handling of the prosecution of 40 Hells Angels members last year. Federal prosecutors were making a racketeering case against the group simultaneous to a state prosecution of Hells Angels members on murder charges stemming from a deadly Laughlin casino riot in 2002 that killed three. Federal prosecutors were insistent on taking the case to trial immediately.

When the case unraveled in federal court, state prosecutors were forced to cut seemingly generous plea deals in the state case to make sure the Hells Angels charged in the Laughlin riot served at least some prison time.

But Bogden's office last year secured political corruption convictions of former Clark County commissioners Mary Kincaid-Chauncey and Dario Herrera, who reported to prison last week.

Also, the U.S. attorney's office in Nevada has been conducting an ongoing investigation into whether medical malpractice lawsuits filed in the Las Vegas Valley have been corrupted by collusion between civil attorneys and doctors seeking to inflate jury verdicts.

"His reputation for being a trial lawyer was stellar," Roger said. "When he was a prosecutor up in Northern Nevada, he tried very significant cases and won convictions. On a state level, he worked on our project Safe Neighborhoods and state firearms federal prosecution team. He was always willing to help."