‘We failed to zealously represent the interests of the American public’

The [tag]Bush administration[/tag]’s deal with the [tag]tobacco industry[/tag] in 2005 has always been curious. As you may recall, the government, for reasons that no one could explain, asked the industry to pay $10 billion, instead of the $130 billion previously recommended by a government expert witness, at the conclusion of a massive racketeering trial.

Today, we’re starting to learn why events unfolded as they did.

The leader of the [tag]Justice Department[/tag] team that prosecuted a landmark lawsuit against tobacco companies said yesterday that Bush administration political appointees repeatedly ordered her to take steps that weakened the government’s racketeering case.

Sharon Y. Eubanks said Bush loyalists in Attorney General Alberto R. Gonzales’s office began micromanaging the team’s strategy in the final weeks of the 2005 trial, to the detriment of the government’s claim that the industry had conspired to lie to U.S. smokers.

She said a supervisor demanded that she and her trial team drop recommendations that tobacco executives be removed from their corporate positions as a possible penalty. He and two others instructed her to tell key witnesses to change their testimony….

“The political people were pushing the buttons and ordering us to say what we said,” Eubanks said. “And because of that, we failed to zealously represent the interests of the American public.”

She added that she was ordered to read, word for word, a closing argument they had rewritten to meet the administration’s political agenda, including a rationalization for a $10 billion penalty, instead of $130 billion. Eubanks said, “I couldn’t even look at the judge.”

What’s more, Eubanks, the first time that any of the government lawyers on the case spoke at length publicly about political interference, said the problems in the tobacco case are symptomatic of a systemic problem at Bush’s Justice Department.

Eubanks, who retired from Justice in December 2005, said she is coming forward now because she is concerned about what she called the “overwhelming politicization” of the department demonstrated by the controversy over the firing of eight U.S. attorneys. Lawyers from Justice’s civil rights division have made similar claims about being overruled by supervisors in the past.

Eubanks said Congress should not limit its investigation to the dismissal of the U.S. attorneys.

“Political interference is happening at Justice across the department,” she said. “When decisions are made now in the Bush attorney general’s office, politics is the primary consideration…. The rule of law goes out the window.”

If I only had a nickel for every time I’ve seen that phrase in relation to the Bush gang.

Not that it will ever happen, but the Republicans and all their enablers who made the Bush administration possible should remove themselves from the public sphere for about two decades, out of embarrasment and contrition.

  • wow! almost unbelievable! i think we should collect the $120 million difference directly from bush & cheney.

  • Who’da thunk it?

    These guys are running on the principle of he who has the gold makes the rules.

    They’re turning the US into Enron, but with the added bonus of war making and death.

  • …And if there’s anything that p*sses me off it’s the hypocrisy rampant with Dubya and his cozy relations to the tobacco-industrial complex…talk about f*cking genocide…Dubya launches a Global War on Terror after the loss of life at the World Trade Center, but how many tens of thousands of persons a year does the tobacco industry kill???…how many tens of billions in health-related costs is the rest of society obliged to carry because of addictions to tobacco???

  • Why on earth didn’t Eubanks make a stink when it would have mattered? Better late than never I suppose, but come on! And would she have come forward at all if this purge issue wasn’t grabbing our attention?

    Every new revelation makes me hope and hope that Hell is a real condition, and that these people will eventually pay for their crimes. If not here and now, then there and then.

    The next time a war supporter tells me that Saddam had to go because, “he gassed his own people” I will ask that person if this isn’t in some way enabling these behemoth death merchants to to the same thing here.

  • CB and several others wondered last week about the USAs that were left in office — mainly, how much they played ball with Bush Co. in order to keep their jobs.

    I guess this sheds a bit of light onto that question, doesn’t it?

    I’m not sure how much more this administration needs to do to be removed from office.

    They lied about the reasons for a war … they’ve chronically mismanaged that war … they did nothing for three days as a city drowned … they outed a covert CIA agent and lied about it … they turned the DOJ into a political wing of their offices and then lied about it … they have violated countless treaties … they have given the green light to hundreds of human rights violations … they have turned a blind eye to war profiteering …

    If someone can give me a single legal reason why Cheney and Bush have not been impeached, I’ll give you a dollar …

  • All I can say now is: Impeach! Impeach! Impeach! No more dicking around. This entire administration needs to be locked up in Guantanimo.

  • One additional thought. If I were the head of a ‘terra’ organization, I’d try to form a front corporation (Halliburton) and fund a large lobbying group and get in cozy with these bastards. If you have a fortune then your deeds don’t matter and they’ll go to the mat to protect you from accountability.

    Osama? You listening? Form O-Pac or QaedaPac and you can move out of the cave and into a manse in Chevy Chase. You can join “Bandar Bush” for dinner with W any time you like. Just make sure you keep your checkbook with you and keep your Pioneer status.

  • “Why on earth didn’t Eubanks make a stink when it would have mattered?”
    -Chief Osceola

    In 2005, then chairman of the judiciary committee, Arlen Specter would have made a big stink about it in the media and then when Rove would pull out the naughty photos of him with a donkey, he would reply, “Yes Master” and do nothing. The MSM would also repeat the Repub talking points and do nothing as their own masters wanted.

    As Babs Boxer said yesterday, “elections have consequences.” Until this whole mess exploded on the Bushies, Eubanks probably felt like she was shoveling shit against the tide. In some ways, I don’t blame her as not everyone has the spine to stand up and take on the entire RW noise machine (I don’t think I could.) Better late than never.

  • OK, Dems, time to handcuff the Republicans to the Tobacco Lobby and let John Q toss them off the bridge in 2008.

  • I guess this doesn’t surprise me all that much, even if it does disgust me. The public interest is what benefits them. Bush political hacks are all about politics, law and order only applies to their political enemies. This case didn’t benefit them and their allies so politically speaking they had to do something.

  • As the purge story started to gain traction, someone wrote that the suggestion of partisan influence on prosecutors would open the door to revisiting myriad cases and investigations conducted during the Bush administration. Sure enough, we’re starting to see that happen.

    Not sure if this particular case qualifies, but it would be worth looking into, from the New Hampshire Union Leader:

    Tobin Case Overturned

    Convicted Republican phone-jamming conspirator James Tobin got a second chance yesterday when an appeals court reversed his conviction and 10-month prison sentence.

    Tobin, a former Republican National Committee official, was convicted more than a year ago for his role in a plot to tie up the state Democratic Party’s phone lines on election day 2002. Yesterday’s U.S. Appeals Court ruling sends his case back to district court.

    Judges with the First Circuit court in Boston called Tobin’s conduct “unattractive,” but said the grounds for his conviction were “not a close fit for what Tobin did.”

  • i’m amazed at the tobin decision. and i hardly find tobin’s conduct to be simply “unattractive”. the republicans systematically blocked the telephone network democrats used to call for a ride to the polls on election day. how many votes were not cast because of this? and this is “unattractive”? i’m curious as to what their reasoning is. also, i’m curious as to where this will go from here.

  • The Treasury was cheated out of $120 billion. In other words, the American people were taken to the cleaners — again. And we will pay through the nose for decades to come to treat tobacco-induced illnesses.

    Every time I think the Bush Administration has reached its low point and cannot possibly get worse, it manages to surprise me. Is it 2009 yet?

  • I agree with the chief: “Why on earth didn’t Eubanks make a stink when it would have mattered?” We’ve come a long way from Clarence Darrow and Robert Kennedy. It’s (literally) a crying shame when the kindest thing you can say about the legal profession is Boston Legal.

    FWIW, “to zealously represent ” is a split infinitive. Not that that matters since the Enterprise accepted its truncated five-year mission “to boldly go”.

  • “Political interference is happening at Justice across the department,” Eubanks said. “When decisions are made now in the Bush attorney general’s office, politics is the primary consideration…. The rule of law goes out the window.”

    Almost correct. Corporate well being “is the primary consideration…. The rule of law goes out the window.”

    Politics may be the accepted euphemism, but it’s all about stroking CorpCo. The politics of personal aggrandizement. The debasement of policy and law is just the means to the end.

  • DA says: Every time I think the Bush Administration has reached its low point and cannot possibly get worse, it manages to surprise me.

    true.

    I guess the Iran war will be the actual low point.

    and burro (#19), AIPAC has more clout than CorpCo. It’s about politics.

  • Eubanks kept her mouth shut because it would have been career suicide to do otherwise at that point. Just imagine her lone voice speaking up then, and how it would be drowned out by the political hacks and their enablers. It would have turned into a case of, “you’ll never work in this town again”. But once the tide turns, and eventually you realize how many others are in your position, it’s a wholly different story. You can bring up your point and it seems much more legitimate because a pattern of the behavior is now evident.

    It’s not unlike a rape or sexual harrassment case, where a woman will often not bring up the issue until she realizes that the offender has attacked numerous others who she can band together with to make a more effective claim. (ladies, please bash away here if you feel I’m wrong on this one – I know this is a gross generalization – no offense intended)

  • Why on earth didn’t Eubanks make a stink when it would have mattered?

    Almost word for word my reaction (only CO uses language suitable for mixed company).

    Lawyers are officers of the court. She had a duty to say something very loudly, over and over, to anyone and everyone at the time it was happening. She should be disbarred for taking part in this crap. If elections have consequences so does loyalty to losers.

  • If speaking out would have been a career ender for Eubanks, well, there are higher values, aren’t there? Darrow found a way to contribute to justice without being a paid hack for the government. Didn’t Edwards, too? All kinds of people have found the law to be a truly rewarding career, independent of toadying.

  • There are many higher values, however, if you need a career, it helps to be able to have one. Ive seen people cave under to political pressure in the corporate world for years, and typically, that was the reason I’d eventually leave a job – when I can no longer tolerate the pressure to compromise my values. You can choose to go quietly, or raise a stink, but there is typically a cost benefit calculation one undertakes when making this choice, and more often than not, the result of the calculation is to just go quietly. This is sad, but it is reality. In her case, Id think she could have tried to find more allies at the time and make a better case for speaking up, but I dont know enough of the details to judge her on that yet.

  • Let’s bring her before the Justice committe, swear her in and let’s hear some names and specifics, damnit. Let there be transcripts, even!

  • I remember being stunned about this at the time. I’ve never seen any case where the winning side offered to give back any money that they won. To unilaterally say “Oh, the American people are so greedy. Can we just give 120 Billion Dollars back to these poor corporations?” is just beyond comprehension.
    I wrote my congresswoman and my Senators. But I never heard a peep from any of them about this travesty.

  • and you are surprised at the lack of response Jon? Congress is as addicted to the smoking lobby as most folks are to nicotine.

  • and burro (#19), AIPAC has more clout than CorpCo. It’s about politics. – Racerx

    And the difference between AIPAC and giant corporations that have only their self interest at the core of their activities and who are willing to corrupt the system in any way that will benefit themselves and who claim to be using the “political” process to achieve their goals when they are actually thwarting the process relentlessly by going around the process and behind the scenes as they corrupt people and process is…?

    Politics is the art of honest debate and compromise. The situation we are currently in has nothing to do with the art of democratic governance, and everything to do with abusing govenmental mechanics to bludgeon democracy and enable the powerful whether it be AIPAC or Exxon. It may be called “political interference” but the desired result is total breakdown of the political process.

  • She said a supervisor demanded that she and her trial team drop recommendations that tobacco executives be removed from their corporate positions as a possible penalty. He and two others instructed her to tell key witnesses to change their testimony….

    At a minimum, is this not a classic example of “obstruction of justice”?

  • Why didn’t Eubanks talk sooner? For the same reason I didn’t speak about what I knew of the Maddox “Incident” until Sixty Minutes ran a story that put out the right points in 1971, and people were ready to hear they’d been lied into war. Between 1965 and 1971, whenever I would tell my story to someone, even antiwar people, they would say “where’s the proof?” and I would answer “In some Pentagon sub-basement.” And they would tell me it would never get out and warn me I would lose my credibility if I spoke up. But once that Sixty Minutes story showed up and I wrote my letter to Joe Werschba and he started showing it to Congressmen and Senators, the story of the lies that created the Vietnam War suddenly got traction. It helped that Daniel Ellsberg stole the evidence and released it publicly two months later, after The Pentagon Papers were published, the bastards had no excuses left.

  • For all of you high-and-mighties calling down calumny on Ms. Eubanks, I can only conclude that none of you have ever been in an even remotely-similar position. Committing suicide when the act may accomplish something is a whole different thing from committing suicide when all it means is you’re gone and they win.

    Sorry, Ed Stephan my friend, but on this one your tub-thumping is as objectionable as Hugh Hewitt and the rest of the one-handed Keyboard Kommandos cheering for the war.

  • Tom, that was my thought too. Maybe some of the people here have been so far removed from this type of stuff that they forget how common it is to be in a position where you have pretty much nowhere to turn.

  • Why on earth didn’t Eubanks make a stink when it would have mattered?

    — because it wouldn’t have mattered till now, Dear Honorable Hotheads.

  • >>Why on earth didn’t Eubanks make a stink when it would have mattered? Better late than never I suppose, but come on! And would she have come forward at all if this purge issue wasn’t grabbing our attention?

    a. Eubanks was still prosecuting the case, and emphasizes the administration officials were adamant about it–ie, our way or the highway. The case can be made that Eubanks was the heart, soul and motivated brain of the tobacco case. The loss of her committment and drive would have been incalculable. I think she was well aware of that.

    b. Eubanks DID speak out, as soon as she left the DOJ. Of course, the MSM wasn’t interested at the time, but my interview with her in August, 2006 is here:

    Insights into USA v. Philip Morris, et. al. from Sharon Eubanks
    August 8, 2006 11:10 am
    http://www.tobacco-on-trial.com/2006/08/08/insights-into-usa-v-philip-morris-et-al-from-sharon-eubanks/

    c. She wisely chose to re-assert herself now; leveraging her experiences at this time has given us a huge leg up on the firing scandal, and she will probably testify before Waxman’s committee. It’s not a matter of self-promotion, but a patriotic act that provides us all with insight into the operation of the DOJ and the Administration as a whole.

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