And why, exactly, did they fire all of those prosecutors?

I listened to most of [tag]Kyle Sampson[/tag]’s seven-hour hearing yesterday, but a mere five words stood out for me: the [tag]prosecutor[/tag] purge “wasn’t scientific or well-documented.” It explained so much of the [tag]Bush[/tag] administration’s style of governing.

There were some compelling developments yesterday, and Attorney General Alberto Gonzales was in worse shape at the end of the day than before the hearing began, but ultimately, the revelations proved unsatisfying. Sampson acknowledged that there was a list of prosecutors who had been deemed unworthy of employment, some of whom he acknowledged deserved to keep their jobs. But the process “wasn’t scientific or well-documented.” When it came to the Justice Department and the White House firing top federal prosecutors in an unprecedented purge, the Bush gang, apparently, was winging it.

Sampson testified that “there really was no documentation of this” other than “a chart and notes that I would dump into my lower right desk drawer.”

Sen. Sheldon Whitehouse (D-R.I.) said incredulously: “So this was a project you were in charge of? This was a project that lasted for two years? This was a project that would end the careers of eight United States attorneys, and neither you nor anybody reporting to you kept a specific file in your office about it?”

If Sampson is to be believed, no. Better yet, he may have taken notes or produced records during this unscientific and undocumented process, but he discarded them a long time ago.

The whole narrative leads to two possible conclusions about the Bush gang’s conduct: they’re either spectacularly inept or breathtakingly dishonest. It’s a tough call, but I’m leaning towards the latter.

Kevin Drum summarized the problem nicely.

Purgegate broke open ten weeks ago. As Sampson himself admitted, the Justice Department’s explanations of the affair since then have been comically inept. Sampson himself has known for a couple of weeks that he was going to testify before Congress today.

And what’s the single biggest question we all have? It’s this: so why did you choose those particular eight prosecutors to fire, anyway?

And after all this time to prepare and finally get it right, what did Sampson say? Nothing. Almost literally, nothing. He still didn’t have any plausible, documented reasons for firing the USA-8…. There were two years of plans to fire these guys, but we’re supposed to believe that no one really kept any notes and nobody really knows why these guys were selected. It was just a gestalt sort of thing.

Unbelievable. But which is worse: that he’s lying or that he’s telling the truth?

From my desk, it looks like a bogus tale. I’m hardly inclined to trust the administration’s competence, but if yesterday’s testimony was accurate, the administration left that decision about which of these distinguished prosecutors should be fired “in the hands of someone as young and inept as Mr. Sampson. If this were an aboveboard, professional process, it strains credulity that virtually no documents were produced when decisions were made, and that none of his recommendations to Mr. Gonzales were in writing.”

All the more reason for the Judiciary Committee to hear from Karl Rove and Harriet Miers, who can surely clear matters up for us.

This is not to say that the hearings yesterday were a news-free bust. On the contrary; Sampson may have used the phrase “I don’t remember” a memorable 122 times, but he still managed to offer some pertinent revelations.

[tag]Attorney General[/tag] [tag]Alberto Gonzales[/tag] was more deeply involved in the firings of eight U.S. attorneys than he has sometimes acknowledged, and Gonzales and his aides have made a series of inaccurate claims about the issue in recent weeks, the attorney general’s former chief of staff testified yesterday.

In dramatic testimony to the Senate Judiciary Committee, D. Kyle Sampson also revealed that New Mexico U.S. Attorney David C. Iglesias was not added to the dismissal list until just before the Nov. 7 elections, after presidential adviser Karl Rove complained that Iglesias had not been aggressive enough in pursuing cases of voter fraud. Previously, Rove had not been tied so directly to the removal of the prosecutors.

These and other disclosures by Sampson, who abruptly resigned earlier this month, represent the latest challenge to Gonzales’s version of events.

Gonzales was in trouble before, but Sampson certainly made matters worse for his former boss. Sen. Chuck Schumer (D-N.Y.) said Sampson’s recollection of the attorney general’s involvement in the firings had “more or less shattered” Gonzales’ credibility. Sen. Arlen Specter (R-Pa.) agreed, arguing that Sampson’s testimony did more to cloud Gonzales’ future than clear up the controversy. “I think there are more questions,” Specter said, adding that there was now “a real question as to whether he’s acting in a competent way as attorney general.”

Stay tuned.

Regarding “they’re either spectacularly inept or breathtakingly dishonest.” Why does it have to be one or the other? It’s not an “either or” issue. They’re both!

  • An unintended consequence of hiring under qualified right-wing born again Christians at DOJ appears to be that they won’t lie under oath.

    They (WH & Gonzo) knew from the start that they were involved in an activity that was better left undocumented. An appropriate question would be, “Was keeping written records to a minimum ever discussed?” The provision inserted in the Patriot Act proves long and careful premeditation. The fact remains that, as unsavory as this is, no laws were broken until they started lying under oath.

    If Gonzales had simply told the senate that he fired the USAs at the direction of the WH for political disloyalty this circus never would have happened. The Democratic Senators would be pissed and powerless – right where Rove wants them. The only people who they could go after would be Senator Domenici and a congresswoman. The Senate will not go after one of their own. At least not if they are white (A.C. Powell).

    Now Gonzales has to explain why he lied.

    D’ya think that they’ll get back to taking care of the veterans any time soon?

  • I think it is both spectacularly inept and breathtakingly dishonest, which is the result of staffing all levels of the government with people who are unwavering in their loyalty and ideological committment, but who would not otherwise be qualified to do the jobs for which they were hired – or appointed.

    What you saw from Sampson yesterday is the same thing you would see from Goodling, were she to testify, and from others involved in this mess: these are lawyers who seem remarkably ignorant of the laws that govern their own conduct as well as the law in general; there is a constructively nonexistent level of legal experience for such high-level posttions, in my opinion.

    Further, for as often as they have invoked the “president has the power to…” phrase, does it strike anyone else that there is almost total absence of any acknowledgment of the president’s direct role – that he should have had and should have been loudly proclaiming that he undertook – in something that is not a mere concept, but an actual power that resides solely in him?

    Between the concerted efforts to neutralize the Civil Rights Division of the DOJ, the efforts over the last 6 years to appoint friendly judges, and what appeared to be the beginning of an effort to stack the offices of the US Attorney with compliant, loyal and ideologically-vetted players ( which I believe would have eventually seen both Sampson and Goodling installed as US Attorneys using that special provision inserted in the Patriot Act), what you have is a plan. A plan to consolidate power by mannng as many fronts as possible with people whose decisions would foster the conditions that would make it all possible.

    Leahy and Conyers and Waxman need to keep pulling on as many threads as they find, until the whole sordid mess has unraveled and we idenitfy and hold accountable those responsible.

  • “they’re either spectacularly inept or breathtakingly dishonest. It’s a tough call, but I’m leaning towards the latter.”

    Ditto…. It’s a 4 card trick – they’re corrupt to begin with, inept in their corrupt practices, then dishonest about the ineptness (or is it ineptitude?), and finally they cover up their dishonesty by acting as though they have inept memory.

  • “If Gonzales had simply told the senate that he fired the USAs at the direction of the WH for political disloyalty this circus never would have happened.” — Amused (Comment 2)

    Actually, no. These are Federal prosecutors, law enforcement officers, not political operatives. The question would be how were they “politically disloyal”. If they were publicly speaking out against the President or his policies, there would be a case for firing them for “political disloyality”. If the “political disloyality” was that they were pursuing Republican wrong-doing, then firing them is obstruction of justice.

    People keep saying that the President can fire these Federal Attorneys at any time for any reason, but it is not true. If the motive for firing them is criminal, than the firing is criminal, even though the firing might be perfectly legal in other circumstances.

  • Also, the whole hearing could have been summarized thusly:

    Q: So why did you fire them?

    A: I don’t remember, but it’s all in a chart and notes that I would dump into my lower right desk drawer.

    Q: Was Gonzo involved?

    A: Yeah.

    Q: This hearing is hereby adjourned.

  • Amused claims: The fact remains that, as unsavory as this is, no laws were broken until they started lying under oath.

    IANAL, but that’s not my understanding of it. The “fact” you assert has yet to be established, and the Bushies are acting like they have something to hide, so the investigation will need to determine whether its a fact or not. If they interfered with an investigation (as looks increasingly likely in Lam’s case), or if they tried to use the Justice system for political purposes (as looks likely in Iglesias’ case, then they are in violation of law.

    more popcorn!

  • I concur with Anne’s assessment.

    On the lack of a proper paper trail, could this be a request by Rove to not maintain one? My hunch is that Rove’s lesson learned from Watergate is to not leave behind a trail of incrimiinating evidence. He conducts 95% of his e-mail business on non-government e-mail adresses after all. Part of the lack of proper documentation comes from using young, inexperienced and ideologically pure hacks in key positions, but Rove may request that either he maintains all the paperwork or that a vague trail be left behind.

  • Anne nails it: there is a constructively nonexistent level of legal experience for such high-level posttions

    Indeed. They seem to be deliberately staffing key positions with people who are totally unqualified, so that these pawns can be pursuaded to do illegal acts by the real BushCo culprits, and once on the stand these pawns can hide behind the plausible deniability of inexperience.

    But I’m sure Leahy knows their routine.

  • The whole narrative leads to two possible conclusions about the Bush gang’s conduct: they’re either spectacularly inept or breathtakingly dishonest.

    I’ve said it before, but the two aren’t mutually exclusive — I personally lean toward “both of the above.”

  • MW & Racerx:
    My understanding of the existing law is that the Pres doesn’t need any justification at all for firing USAs, ergo any reason is legal. No legal charges resulted from the firing of Archibold Cox. Some of this is so far beyond what could be expected from an AG that it’s possible that no law exists. Using Cox as precedent, I believe that I’m right. If someonne actually knows, I’m ready to be convinced otherwise.

  • I, too, agree with Anne. Especially the point about “serves at the pleasure of the President”.
    If that is truly the case, then the President’s direct involvement should be a matter of course. However, W seems to be saying, “While I can hire or fire whoever I want, I had nothing to do with these firings.” At the least, I would expect the President to sign off on any recommendations made by the AG or his staff. Otherwise, the USAs are serving at the pleasure of the AG….right?

    So, the pattern of “ineptitude” by this administration continues. Brownie, Meiers, AGon, handling of Iraq, handling of Walter Reed…when does this pattern become an indictment of the President?

  • I couldn’t believe my ears (radio) when Sampson recited his courtroom experiences: Well, they sent me to a trial in South Florida once. Well, they let me come along as a membeer of the team (in Salt Lake). Couldn’t they at least get a grownup for Sampson’s position?

    And what’s with these faint, high, uncertain voices? Both Sampson and Gonzo sound like Robert Burns’ unfortunate “tim’rous beastie”. But they don’t begin to generate the sympathy Burns intended for the fieldmouse he turned up while ploughing.

    To a Mouse

    Wee, sleeket, cowran, tim’rous beastie,
    O, what panic’s in thy breastie!
    Thou need na start awa sae hasty,
    Wi’ bickering brattle!
    I wad be laith to rin an’ chase thee,
    Wi’ murd’ring pattle!

    I’m truly sorry Man’s dominion
    Has broken Nature’s social union,
    An’ justifies that ill opinion,
    Which makes thee startle,
    At me, thy poor, earth-born companion,
    An’ fellow-mortal!

  • The problem isn’t firing the US attorneys; it’s the plan to replace then without Senate confirmation.

  • Thus far, my impression is Sampson and Goodlin have displayed spectacular impudence. Taking the fifth, Goodlin’s attorney gave the reason that the panel had already concluded wrongdoing occurred: “You can’t judge me, because I’ve already judged YOU!” One would wonder why President Clinton never embarrassed his constituency with a similar excuse against pornography researcher, Ken Starr.

    Then Sampson practically opened his testimonly with the trick Bush and Rice have used for years now: first, redefine the situation with a radical, often ridiculous, perspective. Sampson immediately tried to nullify the charge, “the designation of performance related and political reasons…is largely artificial.”??? In other words, seeking indictments against Republicans is poor performance. There’s really no difference in the two…?

    I know the Senators are resisting the “gotcha” atmosphere, but I see no reason why this initial statement by Sampson was not answered with a definitive rebuke, and I wait anxiously for Goodlin to be charged with contempt of congress.

  • “My understanding of the existing law is that the Pres doesn’t need any justification at all for firing USAs, ergo any reason is legal. No legal charges resulted from the firing of Archibold Cox. Some of this is so far beyond what could be expected from an AG that it’s possible that no law exists. Using Cox as precedent, I believe that I’m right. If someonne actually knows, I’m ready to be convinced otherwise.” — Amused

    The firing of Cox just became another part of the Watergate cover-up. It was part of the on-going crime and it was that cover-up (crime) that led to the Articles of Impeachment that caused Nixon’s resignation. There was no charge specifically related to Cox because it was all part of the same crime. Besides, the law is unclear about actually charging a sitting president under criminal law. It is up to the Congress to impeach the president. Once Nixon was out of office, a charge of any crime by Nixon was foreclosed by Ford’s blanket pardon.

  • the administration left that decision about which of these distinguished prosecutors should be fired “in the hands of someone as young and inept as Mr. Sampson.

    Does anyone else notice that “young and inept” pretty much describes all the “true believers” in BushWorld?

    I suspect the re-education camps will be open a long time as we deal with the Boys and Girls from Brazil and their home-inductrinated, bible college graduate worldviews.

    These people are a cancer we will be dealing with a loooooooong time, like Karl Rove from way back in Watergate.

  • In my profession I must keep diligent documents and records, including correspondence with clients. I was incredulous with Sampson’s response about the lack of documentation he kept, seeing as how he was the “aggregator” of information. IMO, this points to political/revenge firings, not performance-related firings.

    Secondly, was anyone else “amused” at Specter’s continued indignation at the provision of the Patriot Act that allowed the president to bypass the Senate in installing new USAs, when it was a person working in his office (now conveniently a USA in Utah) who slipped in that provision? And was Specter truly ignorant of that fact or just now pretending not to be?

  • It’s frightening, isn’t it, to think that our country is in the hands of the type of thugs who usually get their fifteen minutes of fame in a court room for some stupid sorid crime?

    I am reminded again of the fuckwit who killed David Rosenbaum. Thanks to the idiocy of the police who responded, Hamlin (the killer) might well have gotten away clean. However, not only did he use Rosenbaum’s credit cards in stores that had surveillance cameras but when that film was broadcast on the news, he went to the local police station to complain because his ‘face was on TV.’

    Hamlin was both a crook (a thug really because he had a job, he just wanted Rosenbaum’s wallet) and a 24k cretin who was caught because he was too stupid to keep his head down and his mouth shut. So there you have it. This country is being run by the Mike Hamlins of the world. [Shudder]

  • I’m recalling all the blather we heard early in the administration about how much more professional and organized the Bushies were. At last the country had been rescued from the dirty fucking hippies Democrats with their meetings that ran too long and sloppy office dress. With the grownups in charge at last, we’d see how it was really supposed to be done.

  • Geez, I don’t know. Everything they do is so thoroughly micromanaged that I just can’t believe that this part of their strategy to get a republic candidate elected in 2008 was so disorganized. Of course they’re lying. No matter what is investigated by congress, we will see a parade of republican hacks who can’t seem to remember anything.

    And, for such a bad memory, Sampson sure remembers all about Gonzales’ involvment, though. Imagine that.

  • You make excellent points.
    Ohioan – you too
    A lawyer who doesn’t keep records of everything involved in his/her work? Pull the other leg.

    Perhaps – probably – the unprofessional approach to choosing who to fire was:

    1 Intentional, to leave no continuous paper trail if the decisions were questioned, giving greater deniability

    2 A life long attitude by Bush and his Imperial star chamber that they have a God given right to make any decisions they want and therefore do not need a professional reason for anything that they do.

    3. There was/is a general atmosphere in the Imperial trickle down order of “Who will rid me of this meddlesome …” Election, Congress, Democrat, real Christian, real conservative, non Bushie, CIA operative, cancer victim, whatever…. each member of the Imperial Court would feel compelled as a matter fealty to murder the Archbishop at will, no paper trail or approval necessary. Giving greater deniability.

    4. They have as a group been cheating and lying for illogical reasons for so long, that they are now being consumed by their own dysfunction. (Think of Audrey in Little Shop of Horrors as a moral tale.)(Read Goebbels Diaries.)

    5. It’s not that Bush/Cheney/Rove/Rumsfield/Ashcroff didn’t learn from Vietnam and Clinton. They just chose to learn to be more pathological more efficiently.

    6. And then (see 5.) convinced the GOP to entrust them with our Constitutional freedoms and the lives of the people of the world.

    My choice is 5. with the Daddy and Mommy Bush and the GOP as facilitators to 6.

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