Time To Prosecute Goodling And Company

Andrew Cohen: Those Behind The U.S. Attorney Scandal Should Not Be Let Off The Hook

(CBS)  Attorney Andrew Cohen analyzes legal issues for CBS News and CBSNews.com.

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The Justice Department confirmed Monday what the rest of us have known since last spring, during the first few days of the U.S. Attorney scandal. Under the reign of error of former Attorney General Alberto R. Gonzales, the once-proud, once-professional Justice Department became a refuge for partisans and cronies, hired by scoundrels, and overseen by leaders who purposely turned a blind eye to the illegal machinations of their subordinates.

The damning report by the Office of Professional Responsibility establishes for all time that former Justice officials Monica Goodling and Kyle Sampson, to name just a few, violated federal law and Department policy when they "improperly considered political or ideological affiliations in screening candidates for certain career positions" at Justice. Over and over again, these lawyers and public servants put their ideological goals over the work of the nation.

From the OIG Report: "We concluded that the most systemic use of improper political or ideological affiliations in screening candidates for career positions occurred in the selection of immigration judges, who work in the Department’s Executive Office for Immigration Review…. Goodling screened candidates for immigration judges using a variety of techniques for determining their political affiliation, including researching the candidates’ political contributions and voter registration records, and using an Internet search string containing political terms."

In Goodling’s world, for example, Secretary of State Condoleezza Rice was too liberal because "she’s pro choice" and subordinates were told via memo that they could hire "one more good American" to the Department - meaning one more conservative ideologue. Read the report yourself and then tell me whether you feel comfortable with a bureaucracy - staffed by alumni of a bottom-rung law school - where an unqualified counter-terrorism job candidate actually gets a job helping to defend us because the more qualified person’s wife happens to be a local Democratic politician.

This is the sort of conduct that vitiates the rule of law, corrodes it from within, because Goodling's misconduct empowered others (the partisan immigration judges she selected) to, in turn, make their own politicized judgments in an area of the law that had been up to that point refreshingly clear of such politics. If it were just Goodling and Sampson alone it would be bad enough. But their conduct spawned a whole new generation of hacks and cronies. And that’s why the Department suffered its worst scandal since Watergate.

Upon the release of the report, current Attorney General Michael B. Mukasey immediately declared that he is going to "continue to act" to ensure that "the conduct described in the [OIG] report does not occur again at the Department." Good. First thing he should do is have his federal lawyers sue Goodling and Sampson in a civil case to try to recoup the taxpayer dollars that were spent unraveling the mess that they intentionally made. Any money they earn from any future book deals or speaking gigs ought to be turned back to the Treasury.

The second thing the Attorney General ought to do is have his professional lawyers scour the testimony of Goodling and Sampson before Congress last year to determine whether either or both committed perjury. Their immunity deals, I suspect, did not cover false testimony before the legislators. If the federal government could spend its time and our money going after Martha Stewart or I. Lewis "Scooter" Libby, it sure seems reasonable to me to go after people who tried to subvert justice at Justice. Otherwise, the feds should never again try to make an example out of a "celebrity defendant" by bringing to trial a case that normally would be settled out by plea bargain.

Indeed, if ever there was a time for the Justice Department to use litigation to educate the American people about the sins of illegality in government this is it. If nothing else, litigation now would ensure that future bureaucrats are much more mindful of the professional and non-partisan obligations they have. I mean, Goodling and Sampson and Company in just a few short years ruined the high tradition of nonpartisan professionalism within the career-service cadre at Justice. If that doesn’t merit an in-court follow up I don’t know what does. All Martha did was lie about a single stock deal.

Nor should Mukasey wait until he is prompted into action by a perjury referral by the House Judiciary Committee, which to its credit has not allowed the Justice Department to sweep any of this under the rug. The executive branch - the White House and Karl Rove and Gonzales and the rest - created this mess. And the executive branch should fix it without any prodding from the legislators. The answer to malfeasance on the part of Goodling and Sampson is not misfeasance on the part of Mukasey. He should act, decisively and aggressively, before he leaves Washington at the end of the Bush Presidency.

Let me put it one other way. Goodling and Sampson should not be allowed to go gently into the good night of private consulting work or whatever else disgraced public servants do. It’s bad enough that Gonzales is making five-figures for speeches in which he blathers on blindly and without credibility about his role in fighting the war on terror. The government’s forgiveness should end with him. And its capacity for earnest and relentless and dispassionate justice ought to begin with future lawsuits against two people who knew right from wrong and who cheated anyway, all in the name of turning a decent institution into just another instrument of partisan power.

[veteran188]

the republicons have become a fascist nazi party led by the criminally christian right

[dmgenet]

They are all a disgrace to public service. What would you expect from a Bush/Cheney cabal? Nice to know even so-called Christians fall just as far from Grace as the rest of us. Jesus weeps.

[jxjarvi]

The first thing to happen should be Goodling, Sampson and even Gonzales being disbarred; avoiding that fate would be made contingent on their willingness to tell who was pulling the strings on the operation. If not, we are allowing a "mafia-type" operation where the higher-ups give the orders in private, which are then passed through layers to the executors of the plan, in this case those two young fools.
Next, there needs to be a case-by-case review of the hires these two made, and automatic terminations of those who were indicated to be"good Americans".
If we remain silent and inactive in this case, we deserve waht we got from the "mob" in the White House.

[babooph]

Is there ANYONE, not rotten to the core in the whole Bush mess-notice no RICO law being used-too easy.

[walt1944-2009]

The Great Emperor Bush has, as has been rumored, plans to "pardon" all those of his court, both current and former members in good standing, for anything they may have done from the beginning of recorded history until the sun goes nova!

"Scooter" Libby''s name is on the list, as well as Alberto "The Great Gonzo" Gonzales, Monica Goodling, and anyone else who may have done the Great Emperor''s bidding, legal or not!

And if the Great Emperor Bush II doesn''t get around to pardoning everybody, then The expected Great Emperor "SURRRRRRRRRGE" McCain will do it when he takes office!

Such is the way of Washington, politicians, and neocon Fascist Nazis everywhere!

SIG HEIL, BUSH!!!!!!
sig heil, ABSOLUTELY MORE OF THE SAME, "SURRRRRRRGE" McCain!!!!!

[pdchapin]

Goodling is the fall gal, and we all know it.

Time to impeach Bush -- her boss.

Posted by broadwayphi at 10:32 AM : Jul 29, 2008

On what grounds. Being a lying idiot with criminal underlings isn''t grounds for impeachment. I still don''t see any provable case of criminal action by the President.

Besides, do you want President Cheney?

[jon2012-2009]

In closing, all those who have ever sought to bring America down a notch or two now have the best of inspirations to look to: The Bush Administration. I bet they have pissed themselves from laughter. And the lesson? Never trust a human with power. Hail Eris.
Posted by lupuslefou at 07:43 PM : Jul 28, 2008

Perhaps. But that''s a sweeping impulse. How far do you really want to take that before bureaucracy breaks down? What I see as the problem is that our political system has some weak points and we should shore them up. Any illegality should be immune from political interference which could happen when the Department of Justice is charged with enforcing the law that is violated by the Executive Branch that runs the Department. The dilemma is age-old: Who guards the guards?

[tejasdemo]

Excellent article. And I agree completely that these crooks should not be allowed to profit from their crimes.

How can we help that become reality ? My fellow Americans ? How ?

[chatmandu002]

Do you liberal need some more cheese with you WHINE?

[jjp735i]

This is on Bush& Friends and yet only the simple minded(minus Bush of course) will take the heat. Gotta love that Nazi Party power grab though "refuge for partisans and cronies".....and just like Bush, the former Attorney General will claim it''s the first he heard of the problem.

The Republican Nazi Party.. tell a lie and the stupid will follow. Reinforce the lie and the stupid will never see truth.

[trillion1]

Face it for over 7 years Americans have watched, and in many cases supported by voting for incumbents, a congress that has turned a blind eye to all the crimes commited by bush and his underlings. Right now I don''t expect to see one of these people tried, let alone convicted.

[broadwayphi]

Why hang the underlings?

Because they are the low-hanging fruit already?

[bmadeline-2009]

I have screamed at my tv for 7 Plus years. How can Americans be so blind? Bush and his whole bunch should be in shackles. The democrats who have refused to impeach should be ashamed. All criminals must be held to account....not just pety thieves. If we have principles we must apply them and live by them. Talk is cheap...very cheap.

[broadwayphi]

Why should the government''s forgiveness end with Gonzales, Mister Cohen?

Why should he walk while his underlings get the knife?

Because that''s how it''s always been done?

[broadwayphi]

Goodling is the fall gal, and we all know it.

Time to impeach Bush -- her boss.

[mick7744]

As a foreigner living in the U.S., I see that you guys really have the government you deserve...

Posted by Danton1789

True...sadly the apathetic American voting public has gotten the government that it deserves by allowing sub-mental chronic failures like George W. Bush to have the office purchased for him and so allow his benifactors to reap undreamed of profits while causing untold misiry for millions.

But those kids fighting and dying to supposedly bring democracy to a ******** certainly didn''t deserve to have such an unworthy and cowardly Commander-in-Chief.

All criminal, treasonous office holders should be prosecuted for their misdeeds...starting from the very top.

Alas...I have no confidence in the Democrats to bring about such radical change, and nothing but loathing and contempt for the Republican ungoing criminal enterprise that threatens to bankrupt us with their treasonous acts.

[elz523]

Democrats hire democrats.
Republicans hire republicans.
Get over it.

Posted by gunfighter51 at 10:57 PM : Jul 28, 2008

Only for APPOINTED jobs fool! The career jobs are to be non-political. Do you really want prosecutions to be based, as they have under Bush, on politics and not violations of the law? That would destroy everything America stands for. Educate yourself and grow up!

[eddom949]

No let her off the hook.

[irliberal]

Democrats hire democrats.
Republicans hire republicans.
Get over it.

Posted by gunfighter51 at 10:57 PM : Jul 28, 2008

Wrong. What they did was illegal. And the judgement proves it. You can keep telling yourself fantasies all day long but that doesn''t change reality.

[irliberal]

Monica is an evil *itch and Gonzalez was responsible for her. Forge manacles for them both, toss them into the clink, and forget about them. Forever.