Tuesday, August 28, 2007

How many top DoJ resignations now?

On December 7, 2006 the Bush Department of Justice (DoJ) fired eight U. S. Attorneys in a single day, stating that it was for performance reasons. This Pearl Harbor Day purge was unique in the history of the DoJ. The Washington, D.C. media made a one-day story of it, and moved on to more interesting things, like the latest from Nicole Richie or Lindsay Lohen.

The unique event and the failure of the Bush administration to provide a satisfying explanation for it must have bugged Josh Marshall, because he didn't let the issue go. Josh's refusal to let the issue go has led the Congress to look more closely at the DoJ and also to a series of interesting stories out of the Department of Justice this year. Let's look at some of the stories that have resulted from Josh Marshall's curiosity and refusal to let a good story be ignored.

Of particular interest was (and continues to be) the U.S. Attorney for San Diego, CA who had successfully investigated, prosecuted and imprisoned California Congressman Randy "Duke" Cunningham (for longer than any other Congressman has ever been imprisoned) and continued to investigate Cunningham's briber, Brent Wilkes as well as the Number three ranking CIA executive, "Dusty" Foggo. Carol Lam's firing has all the appearance of being an effort by the Bush administration at Obstruction of Justice.

Next we learn that the U.S. Attorney from Los Angeles, Debra Yang, had been on the list to be fired, but resigned in late November to take a Partnership at the Republican law firm which was defending Rep. Jerry Lewis as he was being investigated by (oops) U.S, Attorney Debra Yang. The partnership came along with a $1.5 million signing bonus. There is a saying in Latin America. "Plata o plomo." Silver or lead. It looks very much as though Debra Yang, a 47 year-old divorced mother of two young children was given the option of taking the signing bonus or being fired on Pearl Harbor Day with the rest.

News reports state that Rep. Jerry Lewis has decided to retire rather than run for a 16th tern, although his office denies that he has made such a decision.

Another U.S. Attorney, Paul Charlton of Arizona, was fired because he was investigating a crooked land deal by Republican Rep. Rick Renzi. While the investigation into Rep. Renzi has been slow-walked since U.S. Attorney Charlton was fired, Rep. Renzi has just recently announced that he is not going to run for reelection in 2008. That is one short step short of a guilty plea.

Two more of the Pearl Harbor Day purge, David Iglesias, fired U.S. Attorney from New Mexico, and John McKay, fired U.S. Attorney for Western Washington, present a good case that they were fired for refusing to bring flimsy indictments against Democrats that would influence an up-coming election.

The cases of Iglesias and McKay show what happened when the DoJ tried to order ethical attorneys to bring politically-motivated cases to influence elections so the Republicans could win. They refused and were fired. Then there is the unethical U.S. Attorney in Milwaukee, Wisconsin, Steve Biscupic, who was on the list to be purged on Pearl Harbor Day until he brought corruption charges against Georgia Thompson who worked as a civil servant for the State of Wisconsin. This case was so weak that the Appeals Court threw it out at the end of oral argument and chastised the U.S. Attorney for even bringing it. See also NY Times gets it right! See editorial today.. Ms. Thompson was accused of a crime that had not occurred and was convicted with no evidence. But that didn't matter to U.S. Attorney Biskupic. He created an issue the Republican candidate for governor of Wisconsin could use to attack the Democratic incumbent, and Biskupic kept his job when ethical attorney's were being fired. [Biskupic remains as a U.S. Attorney today.]

There are more situations which deserve close investigation, but the real set of problems all go back to the politisation and mismanagement of the Department of Justice. See my earlier article The deeper problem revealed by the US attorney Purge.

It should be no surprise when Paul Kiel at talking points memo muckraker lists the recent top level resignations from the Department of Justice.
"1) Attorney General Alberto Gonzales, today.
2) Deputy Attorney General Paul McNulty announced his resignation May 14th.
3) Acting Associate Attorney General William Mercer (the Department's #3) announced that he was withdrawing his nomination for the position June 22nd.
4) Kyle Sampson, Gonzales' chief of staff, resigned March 13th.
5) Department White House liaison Monica Goodling resigned April 6th.
6) Michael Elston, McNulty's chief of staff, resigned June 15th.
7) Executive Director of the Executive Office of United States Attorneys Michael Battle, announced his resignation in mid-February.
8) Bradley Schlozman, an attorney in the Counsel to the Director staff at the Executive Office for United States Attorneys, formerly the U.S. attorney for Kansas City and a former acting assistant attorney for the Civil Rights Division, resigned mid August.

And, finally, Assistant Attorney General for the Civil Rights Division Wan Kim was another notable resignation (on August 23rd), although Kim's troubles were unrelated to the firings scandal.
High personnel turnover is a symptom of a poorly run organization. It is an especially bad sign when the guys at the top are all leaving at once. This isn't politics so much as it is bad management and an attempt to politicize the DoJ. And, like Alberto Gonzales himself, the major problems of the DoJ have come out of the White House.

Gonzales took over as Attorney General on February 3, 2005. It has taken him two years and seven months to literally destroy that organization and its reputation.

It is really strange that no one in the Washington D.C. press corps was curious about the Pearl Harbor Day U.S. Attorney Purge like Josh Marshall was.

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