When dealing with a scandal as sweeping as the prosecutor purge, it’s good to keep up on the day-to-day details, but it’s also important to keep the big picture in mind. For example, as Josh Marshall noted last night, “[T]here are some lines we just assume aren’t going to be crossed, lines that are so basic that the civil compact itself can’t easily survive if they’re not respected.” And they appear to have been crossed here.
[N]one of what we’re seeing here is at the margins. What we seem to see are repeated cases in which US Attorneys were fired for not pursuing bogus prosecutions of persons of the opposite party. Or vice versa. There’s little doubt that that is why McKay and Iglesias were fired and there’s mounting evidence that this was the case in other firings as well. The idea that a senator calls a US Attorney at home just weeks before a federal elections and tries to jawbone him into indicting someone to help a friend get reelected is shocking. Think about it for a second. It’s genuinely shocking. At a minimum one would imagine such bad acts take place with more indirection and deniability. And yet the Domenici-Iglesias call has now been relegated to the status of a footnote in the expanding scandal, notwithstanding the fact that there’s now documentary evidence showing that Domenici’s substantial calls to the White House and Justice Department played a direct role in getting Iglesias fired.
So what you have here is this basic line being breached. But not only that. What is equally threatening is the systematic nature of the offense. This isn’t one US Attorney out to get Democrats or one rogue senator trying to monkey around with the justice system. The same thing happened in Washington state and New Mexico — with the same sort of complaints being received and acted upon at the White House and the Department of Justice. Indeed, there appears to have been a whole process in place to root out prosecutors who wouldn’t prostitute their offices for partisan goals.
We all understand that politics and the law aren’t two hermetically sealed domains. And we understand that partisanship may come into play at the margins. But we expect it to be the exception to the rule and a rare one. But here it appears to have become the rule rather than the exception, a systematic effort at the highest levels to hijack the Justice Department and use it to advance the interest of one party over the other by use of selective prosecution.
Quite right. What’s this scandal all about? This is what it’s all about. The lies are offensive, the emails are revealing, and the spin is insulting, but when we take a step back and consider what the evidence shows, the White House and the Justice Department implemented a scheme to use the justice system to punish political rivals and exempt political allies from prosecution.
The administration that never saw an office it didn’t want to politicize took this to the logical extreme — and this was the result.
On a related note, Kevin Drum summarized some of the biggest unanswered questions that remain. I hope Kevin won’t mind too much if I blatantly steal help disseminate his fine work.
1. Prior to the purge, DOJ lawyers quietly inserted a clause in the Patriot Act that allowed them to appoint new U.S. Attorneys without Senate approval. Why did they do this when their own emails show that the existing system hadn’t caused them any problems?
2. They fired eight USAs at once. This is wildly unprecedented in the middle of an administration. Why did they feel the need for such an extensive sweep?
3. None of the eight were given a reason for being fired.
4. DOJ initially lied when asked why they were fired, chalking it up to “performance reasons” even though five of the eight had previously received reviews placing them in the top third of all USAs. Why lie if there’s an innocent explanation?
5. Five of the eight were either aggressively prosecuting Republicans or else failing to prosecute Democrats to the satisfaction of local politicians. Coincidence?
6. David Iglesias reported that he received case-related calls from Heather Wilson and Pete Domenici shortly before the midterms. He believes the calls were intended to pressure him into indicting some local Democrats before election day. He didn’t, and a few weeks later he was fired.
7. On a similar note, the day after Carol Lam notified DOJ that she was planning to expand the Duke Cunningham investigation, Kyle Sampson emailed the White House and told William Kelley to call him so he could explain the “real problem” he had with Lam. What was the real problem that he didn’t feel comfortable putting in email?
8. When DOJ released thousands of pages of emails last week, there was a mysterious 18-day gap from a period shortly before the firings were announced. There are virtually no emails from within this period even though it seems like precisely the time when there would have been the greatest amount of email traffic. Where are the emails?
9. The email dump contained virtually nothing from before the firings discussing the reasons for targeting the eight USAs who were eventually fired. Surely there must have been such a discussion?
If Kevin missed any, feel free to point other questions out in comments. I have a hunch we’ll be hearing all of these again — during Senate Judiciary Committee hearings.