When bad things happen to bad excuses

About a month ago, former New Mexico U.S. Attorney David Iglesias appeared before the Senate Judiciary Committee and answered questions about the events that led to his unjustified dismissal. As Slate’s Emily Bazelon noted, “Perhaps the most astonishing moment of the hearings was when it came out that the Department of Justice was dumb enough to accuse Iglesias of ‘absentee landlordism’ because he had to take 40 days of annual duty in the naval reserve.”

“It was ironic,” Iglesias said of that misstep, since it’s the Department of Justice that enforces the law that forbids job-based discrimination for activities related to military service.

As it turns out, Iglesias wasn’t the only one to find the “absentee landlordism” excuse problematic.

When he wasn’t doing his day job as U.S. attorney in New Mexico, David Iglesias was a captain in the Navy Reserve, teaching foreign military officers about international terrorism.

But Iglesias’s military service in support of what the Pentagon likes to call the Global War on Terror (GWOT) apparently didn’t go down well with his superiors at the Justice Department. Recently released documents show that one reason aides to Attorney General Alberto Gonzales cited in justifying the decision to fire Iglesias as U.S attorney late last year was that he was an “absentee landlord” who was spending too much time away from the office.

That explanation may create new legal problems for Gonzales and Justice. Iglesias confirmed to NEWSWEEK that he was recently questioned by lawyers for the Office of Special Counsel, an independent federal watchdog agency, to determine if his dismissal was a violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA), a federal law that prohibits job discrimination against members of the U.S. military.

It may be one of the more unintentionally hilarious angles to the purge scandal so far. Administration officials couldn’t admit the real reason to fire Iglesias — he refused to politicize his office and cave to pressure about prosecuting New Mexico Dems without cause — so they came up with an after-the-fact rationalization: his 40 days a year in the Navy Reserve was too much time away from the job.

In other words, the cover story to avoid getting in trouble has led DoJ officials to get into trouble.

At the encouragement of Office of Special Counsel director Scott Bloch and his deputies, Iglesias said he is this week filing a formal legal complaint with OSC against the Justice Department over his dismissal on this and other grounds. (While the Justice Department normally prosecutes USERRA violations, the OSC, an independent federal agency that protects the rights of whistle-blowers, takes the case when the potential violator is the federal government itself.) “I want to make sure they didn’t fire me because of my military duty,” Iglesias said. “When I was away from the office, it wasn’t like I was going on vacation in Europe.” (A Justice Department spokesman did not respond for a request for comment on whether Iglesias’s firing might have been a violation of the law.)

The OSC’s inquiry into the Iglesias case — first reported this week in NEWSWEEK — injects yet another irony to the controversy over the U.S. attorney firings.

The Bush administration has vigorously promoted enforcement of USERRA — in large part because of the dramatic increase in National Guard and military reserve members who have been called into active duty due to the wars in Iraq and Afghanistan. The law’s purpose — highlighted by Gonzales himself in a Justice Department press release last summer — is to make sure reservists and National Guard members don’t suffer in the workplace when they are called to serve their country.

Gonzales announced last August the creation of a special Web site to inform reservists and National Guard members of their rights under the law. At the time, he also touted the first-ever class-action lawsuit under USERRA that had been brought by the Justice Department’s Civil Rights Division. The suit against American Airlines alleged the company had reduced employment benefits for two pilots — one of them, like Iglesias, a captain in the Navy Reserve – because the pilots had taken too much leave to perform their military service. “This nation depends on our reservists to faithfully carry out their duty,” said Wan J. Kim, assistant attorney general in the charge of the Justice Department’s Civil Rights Division, when the lawsuit suit was filed. “No reservists — indeed, no members of our armed forces — should ever be punished or discriminated against for answering the call of duty.”

Oops. Too bad this never occurred to Justice Department officials when they were scrambling to come up with a rationalization for firing Iglesias and all they could come up with was the “absentee landlordism” excuse.

As Paul Kiel explained, “[A]s Kyle Sampson admitted last week, there was no real performance reason to fire Iglesias. And in fact, it’s indisputable at this point that Iglesias was actually fired because he didn’t indict enough Democrats.” And now their cover story has come back to bite them.

What a tangled web the Bush gang weaves….

That is too precious! What will be next? Was Carol Lam fired because she was pregnant?

  • “We fired him because… um… ah… he was trying to organize a union. While black. And Catholic. Nothing to see here!”

  • Now let’s see if this thing ramps up a notch or two, and involves Gonzo himself—maybe Rove…possibly—dare I say it—Bush himself? I can see the headlines now:

    “Bush implicated in criminal activities against military personnel.”

    Forget the popcorn—pass me that book about “Articles of Impeachment….”

  • In the immortal words of Flounder:

    “Oh boy … this is going to be great!”

    Was Carol Lam fired because she was pregnant?

    Actually, there’s a chance of that happening … which would just add to the Biblical-level of stupidity these people show on a near-daily basis.

  • I’m surprised Gonzolas and his band of flying monkeys just didn’t ship his ass off to the Sandbox, by calling him back to active duty.

    Then, a little case of “friendly fire” could have taken care of that problem.

  • So they were “supporting the troops” by firing one of them for actually showing up for duty?

    Maybe Iglesias would have gotten to keep his job if he just went AWOL, and went somewhere to help elect Republicans. That seemed to work for George Bush.

  • I can see the the MSM headline now: “Office of Special Counsel using taxpayer dollars to encourage suit against the federal government”

  • It’s rather painful to realize that The Admin/AG would not have beeen called out on this at all during the past 6 years. What else have they gotten away with?

    The new Dem Congress is not only demanding unacustomed levels of truth from the Admin but also really unacustomed levels of competence.

    It appears that they really did put this into the hands of a woman who graduated the Pat Robertson Christian Law School in ’99.

  • Iglesias said he is this week filing a formal legal complaint with OSC against the Justice Department over his dismissal on this and other grounds.

    And before that was the NYT Op-Ed, “Why I was fired”. And before *that* was the press conference where he let the catout of the bag, in public… Yet, before the DoJ dumped on him, saying he was fired for “performance issues”, he was perfectly willing to go quietly, without any fuss, because he served at the pleasure of the president.

    Do not mess with Iglesias 🙂

  • “Calling these people morons is an insult to stupid people.”

    Actually that term is more an insult to the mentally handicapped, like calling someone a “retard.”

  • Boy, this sure makes me feel confident in the Justice Department,

    If I am correct, this is the department that prosecutes lawbreakers and should know the laws of the land. This is not supposed to be the department that breaks labor laws( Inglesias), knowingly lies to Congress (Gonzo), or pleads the fifth in Congressional investigations.

    Bush has managed to turn the “Good Guys” into the “EVIL Guys”! The internal political war of good(everything in the constitution) has been lost to the evil terrorists of our country who believe in an omnipotent monarch over democracy.

  • Their first instinct to trot out this bad excuse was probably based on the fact that so few Republican’ts in this adminisration actually serve or have served our country honorably.
    I can hear the pasty faces bleating, “He was in the national Guard? WTF?!?”

  • “To quote GW Bush’s favorite book, the Bible: “Every secret thing will be revealed.””

    I thought our boy king’s favorite book was “MY PET GOAT”. I figure that any book you still read for 7 minutes after being notified that the World Trade Center has been slammed into by a plane must be Damn Good, a real page turner.

    Anybody out there got My Pet Goat. Maybe we get a quote out the book that Georgie Boy is most famous for reading

  • that just goes to show you what happens when you appoint someone with no practical experience in the job they are undertaking. anyone who has been in management for a week knows you can’t mess with an employee on guard duty. what f”ing idiots!

  • Sheesh. Talk about the gang that can’t shoot straight. (Unless it is into a lawyer’s face.) As I’ve said before, it isn’t just the lies, it’s the lies that wouldn’t fool a four day old that piss me off so.

    I may have to take the 17th off so I can stay home and watch Goner sweat himself to death.

  • Anybody out there got My Pet Goat. Maybe we get a quote out the book that Georgie Boy is most famous for reading

    may have to take the 17th off so I can stay home and watch Goner sweat himself to death.

    Thanks for the laugh tonight!

  • Reviewer: A reader (That ranch with all the brush, Crawford TX)
    Everybody is sayin, what’s he thinkin while he’s settin there in that classroom for all that time? I was thinkin somethin very important. It was the most imporant thoughts I ever did have. When I heard they blowed up all those people, I thought “How terrible! I might be held responsible for my incompetence! How can I make this not my fault? There must be someone I can blame! Since I never make any mistakes that I recall!”
    So all these kids are readin about this goat. GOAT! I think! SCAPEgoat!
    Whose fault is 9/11? SADDAM, the GOAT!
    Whose fault is why we’re not invadin right away? DAVID KAY and FRANCE, those GOATS!
    When we didn’t find none WMDs, whose fault y’all think that was, mine? Nosirree, TENET and the CIA! GOATIE GOAT GOATS!
    Iraqis hate us? Dead-ender goats! Abu Ghiraib? A Few Bad Apple goats! Everything else? The Liberal Media goats! Hell, remember when I fell offa my bike? I blamed the DIRT! DIRTY GOAT DIRT!
    Know how I released “all” my service records, except for the 3 months that woulda proved I didn’t go AWOL? The AP sued to get those, and hey guess what! The microfilm was destroyed, but ONLY for those same 3 months! And there’s no paper hard copies of those months either! You got it, THE GOAT ATE ‘EM!!!
    So stop makin fun of the greatestiest book ever. It gave me an idea I’m gonna use FOREVER

  • Well…. I sure hope that some people in congress grow some balls and use this tidbit of information and have a press conference on how the Bush administration fired an AG for serving his country as a Navy Reserve officer.

    Obviously, the chance of any MSM to do it are very slim… unfortunately.

    Everybody…. WRITE to your congressperson and insist they bring it up 🙂

  • So all these kids are readin about this goat. GOAT! I think! SCAPEgoat!

    Holy crap, I can’t decide if should laugh myself sick or fear ron’s mind-reading abilities.

  • Comments are closed.