McKay was one of eight U.S. attorneys fired by the Bush administration in 2006 which were, after the fact, publicly described as being for performance-related issues related to "policy, priorities and management."
Appointment as U.S. Attorney
McKay was appointed United States Attorney by President George W. Bush in October 2001. He had received a positive evaluation seven months before he was dismissed. Among his noteworthy achievements the successful prosecution of terrorist Ahmed Ressam. Deputy Attorney General James B. Comey gave McKay the additional responsibility of overseeing a pilot program for a computer system for his success he earned the United States Navy's highest civilian honor. The Seattle Times noted in February 2007, "One of the most persistent rumors in Seattle legal circles is that the Justice Department forced McKay, a Republican, to resign to appease Washington State Republicans angry over the 2004 governor's race. Some believe McKay's dismissal was retribution for his failure to convene a federal grand jury to investigate allegations of voter fraud in the race." On March 17, 2007, the Seattle Times reported, "Former Republican congressman Rick White, one of three candidates the Republicans have submitted to replace John McKay as U.S. attorney for Western Washington, cannot practice law in the state. White's license was suspended by the state Supreme Court in August 2003 for failure to pay his bar dues. He was reinstated to the bar in 2005 after paying a small fee, but currently holds an 'inactive' status", which is common for attorneys that are not actively practicing law. In congressional testimony, Kyle Sampson, chief of staff to Attorney GeneralAlberto Gonzales, testified that McKay may have been fired at least in part because of his advocacy for a more-aggressive investigation into the cold case murder of Assistant U.S. Attorney Thomas C. Wales of Seattle. His pursuit of the case and subsequent firing were the subjects of an article by Jeffrey Toobin in the August 6, 2007 issue of The New Yorker. Toobin noted that Gonzales assured Wales's family that the investigation was still a top priority of the Justice Department.
Post-U.S. Attorney career
On May 21, 2007, Getty Images announced that McKay would join the corporation as senior vice president and general counsel, based in their headquarters in Seattle. On September 17, 2007, Jonathan Klein, CEO of Getty Images, announced that McKay would be stepping down as general counsel to return to the law faculty at Seattle University where he will teach full-time. McKay is currently a partner at Davis Wright Tremaine in Seattle. During his career as a U.S. Attorney, McKay was the prosecutor of Canadian marijuana activist Marc Emery for marijuana seed distribution from Canada. Since that time, McKay has called for reform of marijuana laws such that its sale be legally regulated and taxed.
