It’s been about two weeks since the Justice Department’s inspector general released a report on the unprecedented politicization of employment practices at the Justice Department. The IG report concluded that disgraced officials such as Monica Goodling and former chief of staff D. Kyle Sampson “routinely broke the law” by applying political litmus tests, even when hiring prosecutors and immigration judges.
Since then, no one in the Bush administration has wanted to talk about the scandal. The good news is, Attorney General Michael Mukasey addressed the subject this morning in a speech to the American Bar Association. The bad news is, what he had to say was far from encouraging.
Initially, it seemed like Mukasey was, at long last, prepared to be candid and forthcoming.
“I want to stress that last point because there is no denying it: the system failed. The active wrong-doing detailed in the two joint reports was not systemic in that only a few people were directly implicated in it. But the failure was systemic in that the system – the institution – failed to check the behavior of those who did wrong. There was a failure of supervision by senior officials in the Department. And there was a failure on the part of some employees to cry foul when they were aware
, or should have been aware, of problems.”
Mukasey, of course, has the luxury of admonishing those who came before him, because he wasn’t in the building while Alberto Gonzales’ team was running the place into the ground.
The problem came when the nation’s chief law-enforcement officer addressed what he was prepared to do as a consequence of the DoJ’s rampant lawbreaking.
First, the AG said he’s going to keep all of those who met the standards of “loyal Bushies” who are now part of the Justice Department’s staff.
“[C]ritics have suggested that we should summarily fire or reassign all those people who were hired through the flawed processes described in the joint reports. But there is a principle of equity that we all learned in the schoolyard, and that remains as true today as when we first heard it: two wrongs do not make a right. As the Inspector General himself recently told the Senate Judiciary Committee, the people hired in an improper way did not, themselves, do anything wrong. It therefore would be unfair – and quite possibly illegal given their civil service protections – to fire them or to reassign them without individual cause.”
Second, Mukasey said he will not prosecute the DoJ employees who repeatedly and flagrantly violated the law.
Attorney General Michael Mukasey said Tuesday that the Department of Justice would not pursue criminal charges against former employees implicated in an internal investigation on politicized hiring practices.
“Where there is evidence of criminal wrongdoing, we vigorously investigate it,” Mukasey said in a speech at the American Bar Association. “And where there is enough evidence to charge someone with a crime, we vigorously prosecute. But not every wrong, or even every violation of the law, is a crime.”
Wait, not every violation of the law is a crime? Isn’t that the definition of a “crime”?
I realize that prosecutors may consider extenuating circumstances and prefer leniency, but this laissez faire attitude on the corruption of the Department of Justice is more than a little discouraging, especially from an attorney general. An entire team of people broke the law, violated the public trust, and got caught. The evidence is unambiguous.
But not every violation of the law is a crime. Here’s hoping someone puts that on a bumper sticker and sells it at the Republican National Convention — it seems to be a slogan that summarizes the GOP attitude on law-breaking.