The Gutting Of The Justice Department
CBS News.com Legal Analyst Andrew Cohen Says U.S. Attorney Firings Reveal Deeper Departmental Flaws
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If the scandal over the firing of eight U.S. Attorneys came upon the nation like a bolt of lightning, the concerted effort by the White House to undermine the professional class of lawyers at the Justice Department has been rumbling like thunder for years. The immediate crisis concerning the federal prosecutors will be over soon enough. The Administration's forced brain drain at Justice threatens its stature and effectiveness for years to come.
Thanks to the spotlight's glare on how and why the Justice Department and White House conspired to fire eight loyal U.S. Attorneys last year, we now are hearing about how career professionals at Justice — nonpartisan federal lawyers who make up the backbone of the department — have been squeezed out or otherwise marginalized over the past few years by ideological (and in many cases underachieving and intellectually weak) attorneys chosen more for their partisan views and political connections than for their ability to offer unbiased and sharp stewardship over the nation's federal laws.
Some of the folks who are feeling the pinch are beginning to speak out. Emboldened by the fatally weakened Attorney General Alberto Gonzales, the good guys are starting to make waves. In Minnesota last week, three top attorneys in the U.S. Attorney's office rebelled and demoted themselves to regular line prosecutors rather than work directly with the newly appointed U.S. Attorney there. The development was alarming enough to Justice Department officials that they promptly dispatched to Minneapolis a special envoy whose diplomatic mission apparently failed to persuade the rebels to recant.
The newbie who is causing the heartburn there is a woman named Rachel K. Paulose, a 34-year-old crony of the attorney general and his deputy, Paul J. McNulty. The Washington Post reported last week that "Paulose has drawn complaints from taxpayer advocates for an allegedly lavish 'investiture' ceremony held last month to commemorate her confirmation as U.S. Attorney, although Justice officials say the cost to the department was only $225. Paulose has also gained attention for her aggressive efforts to obtain 'righteous sentences' in child pornography cases."
Speaking of righteousness, the Boston Globe this weekend offered a fascinating angle on the unfortunate depopulation of nonpartisan career lawyers within the department. Reporter Charlie Savage focused upon Monica Goodling, the senior official at Justice who helped choreograph the firings of the eight prosecutors. On Good Friday, when Goodling resigned from the department, she wrote to Gonzales of her hope that God would "bless him richly" as he continues to try to hang on to the job of the nation's top lawyer (while he practices in private for his appearance next week before the Senate Judiciary Committee).
Goodling’s religious-toned resignation letter should come as no surprise. It turns out that she is an alum of Regent University School of Law, a Christian institution founded by televangelist Pat Robertson which is ranked by U.S. News and World Report as the 136th-best law school in the nation (other rankings are only slightly more kind). Savage reports that Regent became a feeder school for executive branch positions after the Bush administration in 2001 "picked the dean of Regent's government school, Kay Coles James, to be the director of the Office of Personnel Management — essentially the head of human resources for the executive branch."
One year later, Savage reports, in 2002, then-Attorney General John Ashcroft — who led prayer meetings at the Justice Department, remember — changed the hiring rules at the Department to make it easier for ideological candidates (and for candidates with unimpressive academic credentials) to be selected to serve as career lawyers. Our government, our Justice Department, no longer seeks only the best and the brightest from our nation's law schools. Instead, it allows itself to be overrun with fourth-rate lawyers (Regent was ranked in the fourth tier of law schools) whose political views and loyalties are convenient and useful to implementing the administration's policies.
"This Administration's decision to forego traditional selection processes that have been used by both Republican and Democratic administrations is a reflection of the White House's determination to politicize, to change, an agency where lawyers of all political stripes have served in a non-partisan way for years," former deputy attorney general Eric Holder, Jr. told me via e-mail on Monday. Another former Clinton official at Justice, Jamie Gorelick, offered this via e-mail: "To politicize the selection of this corps of professionals, to ignore their advice, to make decisions without bringing to bear their experience and values is to risk undermining the rule of law." Legal historians agree and so do other Washington insiders, including Republicans, all of whom hearken for a return of the professionals to the Justice Department.
Why does this matter to you? Here’s just one example. The 7th U.S. Circuit Court of Appeals last week ordered the immediate release from federal prison of a state employee named Georgia Thompson. She had been sent there last fall by a Bush-appointed federal prosecutor (and a jury of her peers) after she was convicted of fraud in connection with a public travel contract she allegedly steered to a firm that had contributed to the political campaign of Wisconsin's Democratic Governor Jim Doyle. The indictment, trial and conviction were big political news in the state during the run-up to the election — the Republicans made much hay of it during their campaign.
Problem is, there was no evidence to support the case. So little evidence, in fact, that the 7th Circuit, not exactly known for a bleeding-heart makeup, set Thompson free on the day of oral argument because of the complete lack of proof supporting the conviction. It's not just the weakness of the Thompson case and the fact that it got as far as it did (during an election season, no less) that is potentially devastating to the rule of law. It is the appearance of prejudice and bias on the part of the U.S. Attorney's office in Wisconsin (and in other places recently) that has the potential for serious long-term ramifications. This is no less true because the federal prosecutor involved in the Thompson case, a fellow named Stephen Biskupic, is not one of the new breed of Justice Department hacks.
The White House and Justice Department, under the reign of attorneys general Ashcroft and Gonzales, have encouraged over the past half decade an atmosphere that sullies the coin of the realm under our rule of law — the perceived legitimacy and authority and objectivity and neutrality and professional competence of the men and women who are tasked with enforcing our laws uniformly, fairly and without fear or favor. Without that legitimacy, the legal system devolves down into Third World status, perceived by those within and without it as subject to manipulation for political purposes.
When you populate an office with ideologues and partisans and underachieving talent, you get an ideological and partisan office with underachieving results. And if there is any department in our federal system that can least afford to be ideological and partisan and underachieving, it is the Justice Department. This sorry state is true today, regardless of how and when the scandal over the firing of eight U.S. Attorneys is resolved. Of all the dismaying legal legacies left by this administration, this one surely ranks near the top.
By Andrew Cohen
© MMVII, CBS Interactive Inc. All Rights Reserved.



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See all 53 CommentsJudy Brownrigg,
Lodi, WI
The appointment of Janet Reno was a bad joke. Daughter of Allegator Wrestler, she NEVER tried a case, let alone had meaningful prosecutorial experience.
Then, we had Tricky *** Nixon and his exploitation of the I.R.S. and the Justice Department, Nixon had to resign, but not Bill Clinton and now,not George Bush.
The Congresses of the past 15 years or so have been a rubber stamp for administrative tryanny.
Remember Travel Gate and File gate? Nothing was really done there, either.
So before Clinton people have their angst about the Justice Department, maybe it took two at least to tango, George Clinton.
This and many other thengs were in planning well before he took over.
What other administrations did in the past notwithstanding, This administration is by far the worst ever. It is literally corrupt/rotten to the core and.
Anyone who doesn't think they were capable of instigating 911 for their long planned invasion of Iraq are fooling themselves.
The appointment of Janet Reno was a bad joke. Daughter of Allegator Wrestler, she NEVER tried a case, let alone had meaningful prosecutorial experience.
Posted by roach9703 at 06:02 PM : Apr 09, 2007
Where did you get these FACTS from? Janet Reno was a state attorney for Florida... and then was re-elected as such FIVE TIMES. All this before serving as Attorney General. In fact, she was very well known for prosecuting dead-beat dads and forcing them to pay child support. There are a HOST of other things she did. Where did you get your talking points from? Anywho, i agree with the rest of what you said tho'.
The Iraqi citizens are now demonstrating to get the U.S. military out of their country. We, as a country, have done irreparable harm through this war. Bush thinks he's God, and it's time to show him he's not.
When this comes out in committee, the game is over.
Hopefully, this will not be forgotten by the next election.
Everything they touch, they ruin.
And, by calling themselves christians, these Republican freaks have turned christianity into the biggest joke of a religion on the planet.
It is rare to find anything in this section worth reading.
Good report.
It is truly a sad state of affairs when ideology trumps competence. We've seen the same approach used in recruiting for Iraq's reconstruction.
Administrators were selected who had no experience at all in the field they were supposed to administer, but they had "the ideology". That's what counted most in the administration's mind.
We can all see what a resounding success that approach has produced.....
We could mandate a "do over" of the entire 2 terms---in that we must cleanse the government of suspect officials.
Posted by afmca at 08:23 AM : Apr 10, 2007
Actually, most real Christians never bought into Bush--the zombie Christians are not real Christians, many join to "get rich" and then do (and think) whatever the 15 pastors and co pastors tell them to. Bush was never good at playing a true Christian, the cursing, vindictiveness and lying has no place in a Christian person--but according to the bible, they are the hallmarks of Satan's children.
We do not have a King as some like to call Bush. We have the Nazi Party.
This is where the dumbing down of America is at its most effective. We the People cannot fight them with their own tool, our governmental Constitution, because so few of us want to work at understanding it. Those that threaten to take over our government know exactly what the constitution says and how to use it or change it to their advantage. The only thing between a two-party democracy and a one-party dictatorship is that piece of old paper, which is being deliberately undermined today.
We the People spend our time slaving at a job, then want to go home, put our feet up and have a few beers. Nothing wrong with that.
But not everyone is so limited in their energies. Some are working diligently to learn how to manipulate power and how to divert that power for themselves. And everyone today is under the impression that they are good people, doing the right thing, preserving their personal comfort and security.
Luxuries and comforts have eroded the American depths to very shallow levels, making us feel we deserve all our luxury. Should someone abruptly take those luxuries away, we are very apt to join with the powers that be to regain them. We are in a very dangerous cage right now.
No matter how dictatorial our government becomes, there will always be people willing to do its work, no matter how bad it gets.
Interesting, I was watching an episode of the World at War this past weekend and they talked about Hitler's rise and how he silenced the press, did away with labor unions, eliminated Civil rights and had the German people living in a constant state of emergency. all actions have been recreated to some extent by Bush himself.
-- President John F. Kennedy, January 29, 1961
It is time our leaders begin to obey that oath they took to protect and defend our CONSTITUTION.
Here's how Bush supports our military & families... Today's Bush daily lie:
Medical Budget Cuts Hit: The surgeons general of Army, Navy and Air Force have criticized defense officials for imposing $650 million in phony %u201Cefficiency wedges%u201D on their medical budgets which will not produce real efficiencies but will only mean cuts in on-base medical services for beneficiaries.
http://www.military.com/features/0,15240,130518,00.html
The Iraqi citizens are now demonstrating to get the U.S. military out of their country. We, as a country, have done irreparable harm through this war. Bush thinks he's God, and it's time to show him he's not.
Posted by sasi1 at 10:36 PM : Apr 09, 2007
I just had to post it again. It says it all, succinctly.
m/features/0,15240,130518,00.html
Posted by j-whitman
J-whitman, thanks for sharing this. It is disgusting how they claim to be pro-military but stab veterans in the back every chance they get.
I agree. But how can we do anything to preserve "freedom", when it is being queitly dismantled from behind moral posterings, patriotic slogans and liberal-bashing slurs of a caliber that frighten people into silence?
It is the manipulation of the people's minds that is so destructive. Brain washing of the Limbaugh and O'Reilly and Hannity and Savage caliber tells the people in so uncertain terms that if they don't believe This Way, if they disagree with this administration, then they are against it, they hate America, they aren't patriotic, and they are as bad as them a**hole liberals who are trying to destroy this country By God!
But who is it really that is trying to destroy this country? Who blames everyone but themselves?
The Christain Church is FASCIST.
The School System is FASCIST.
Our local, national, and Federal Government is run by FASCISTS.
ALL IMPORTANT JOBS HAVE BEEN FILLED WITH FASCIST CLONES.
BUT WE'RE FREE!!!!!!!!!!!!!!!!!!
You could say the same thing about the pseudoconservatives that post here.
They couldn't argue their way out of a paper bag.
Are you posting on the correct story, the same story the rest of us have been following for weeks? Your post is so bazaar it doesn't make sence.
moralizing? Who was??
needless criminal cases? What??
no political savvy? Who??
streamlined? What????
Come on you can admit it, you haven't even read the article/s on this story and just wanted to jump in with some regurgitated Limbaugh speak, didn't you. Now get out of here and let those who have watched this story for weeks have the posting room. Sheesh.
"He makes big news out of the Administration firing eight (8) lawyers - when we all know that President Clinton and his administration fired all ninety-three (93) U.S. Attorneys when the Democrats took office in the early 1990's. What is his point here?"
You know, we get really tired of these regurgitated Limbaugh talking points, but we have to confront and correct them, or some idiot will think they are the truth;
It is *normal* for an incoming president to replace all the attorneys with members of his own party. Reagan did it. Bush Sr. did it, Clinton did it, and Dubya did it with Clinton's picks too. No one raised a fuss then because it is *normal*. What is not normal (and indeed is unprecedented) is firing only those attorneys that refuse to prostitute their offices and the public trust for your political ambitions. These attorneys were fired for refusing to file false charges against democrats in the last election, and for filing real charges against Republican cronies. When confronted with this, Gonzales and the Bushies tried to cover-up and lie.
It's the only way the stench can begin to be removed from our government..
What Really is a Madrassah? (part one)
These days we are hearing a lot about the Madrassahs (a.k.a. Madarasa, Madrasa, from Arabic). They are labeled as terrorist training camps that harbor hatred and intense religious fervor. Unfortunately that's what has happened to the great Islamic institution of Madrassah today.
A Madrassah is simply a traditional Islamic school of higher learning. Till the western forces destroyed (18th Centuty) the indigenous systems of education like the Gurukuls, the Ghatikas, and the Madrassahs, they were the only formal means of education in the medieval sub-continent. A Maqtab (a.k.a. Makhtab ) was a primary school in the Islamic world while a Madrassah was like a high-school or college of today. In the medieval Islamic world, there were many Madrassahs as big as the universities of the twentieth century, complete with libraries, display museums, and visiting scholar programs.
Great scholars and teachers devoted their lives in the Madrassahs for the study of Islam, the Farsi language, and most importantly, to spread knowledge among common people.
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