‘It is a significant moment for the administration and Karl Rove’

The Office of Special Counsel is generally a fairly obscure federal investigative unit. The OSC is generally responsible for looking into whistleblower complains, Hatch Act violations, charges of discrimination in the federal workforce, etc. Important work, to be sure, but rarely front-page stuff.

Now, however, the OSC is launching an investigation into a bigger matter. Much bigger.

[T]he Office of Special Counsel is preparing to jump into one of the most sensitive and potentially explosive issues in Washington, launching a broad investigation into key elements of the White House political operations that for more than six years have been headed by chief strategist [tag]Karl Rove[/tag].

The new investigation, which will examine the firing of at least one U.S. attorney, missing White House e-mails, and White House efforts to keep presidential appointees attuned to Republican political priorities, could create a substantial new problem for the Bush White House.

First, the inquiry comes from inside the administration, not from Democrats in Congress. Second, unlike the splintered inquiries being pressed on Capitol Hill, it is expected to be a unified investigation covering many facets of the political operation in which Rove played a leading part.

“We will take the evidence where it leads us,” Scott J. Bloch, head of the Office of Special Counsel and a presidential appointee, said in an interview Monday. “We will not leave any stone unturned.”

There can be little doubt that the OSC’s investigation into Rove’s political operation is entirely justified. Indeed, given the last few weeks, the agency hardly had any choice. There’s one common denominator among the prosecutor purge, Hatch Act violations at the General Services Administration and other executive branch agencies, and the missing emails and the violation of the Presidential Records Act: Karl Rove’s office. Each of these controversies would draw OSC scrutiny; why not just have the OSC conduct a review of Rove’s entire operation?

Is this just an obscure federal agency going through the motions? Perhaps not. “This is a big deal,” Paul C. Light, a New York University expert on the executive branch, said of Bloch’s plan. “It is a significant moment for the administration and Karl Rove. It speaks to the growing sense that there is a nexus at the White House that explains what’s going on in these disparate investigations.”

The 106-person Office of Special Counsel has never conducted such a broad and high-profile inquiry in its history. One of its primary missions has been to enforce the Hatch Act, a law enacted in 1939 to preserve the integrity of the civil service.

Bloch said the new investigation grew from two narrower inquiries his staff had begun in recent weeks.

One involved the fired U.S. attorney from New Mexico, David C. Iglesias.

The other centered on a PowerPoint presentation that a Rove aide, J. Scott Jennings, made at the General Services Administration this year.

That presentation listed recent polls and the outlook for battleground House and Senate races in 2008. After the presentation, GSA Administrator Lorita Doan encouraged agency managers to “support our candidates,” according to half a dozen witnesses. Doan said she could not recall making such comments.

The Los Angeles Times has learned that similar presentations were made by other White House staff members, including Rove, to other Cabinet agencies. During such presentations, employees said they got a not-so-subtle message about helping endangered Republicans.

It gets back to the notion of “Kremlin justice” we talked about last week, in which the Bush administration sought to subvert democracy by using the power of the executive branch exclusively as a tool to protect the ruling party.

This was Rove’s idea and it was Rove’s implementation. Let’s see what the OSC digs up.

Update: My friend Melissa reminds me that the OSC’s Scott Bloch, who launched this investigation, has a disconcerting background, which long-time readers may recall I wrote about in ’05. Given this, as many of you have noted in comments, there’s reason for some skepticism about the integrity of this probe against Rove.

That’s fair, but I would add one thing: Bloch has been relatively even-handed over the last couple of years, and has even launched some legitimate investigations. I wouldn’t necessarily assume that this look into Rove’s operation is meaningless.

Verrrry interesting. Throw in Plame and some popcorn and we have some great poltico entertainment.

One quibble CB. I thought OSP was the Office of Special Plans (Dougie Feith’s Pentagon bureau of incompetents.) Shouldn’t all the Three Letter Acronyms (TLA) be OSC?

  • I may be sceptical, but I bet the adminstration gets this investigation completed in record time and provides “full access” to its operations and Karl Rove (off the record of course). I think they are doing this as a way to show a clean bill of health when the investigation is finished. “See, Karl had nuthin’ to do with anything. The investigation (that we at the White House undertook) said so.” Then they will show those mean Dems the proof that all of thier digging is just politics.

  • Only time will tell if Scott Bloch is truly willing to go where the evidence leads (another Patrick Fitzgerald) or if this is just the beginning of a white wash the Administration can point to and say “See, there was an independent investigation and it found nothing.” We need to bring back the Independent Special Counsel Law. Yes, it gave us a partisan hack run amok in Ken Starr, but as wasteful as that episode was, it was nothing compared to the crimes against the Constitution and the world the Bushies are set to get away with.

  • Bloch is a Bush appointee. And you know Bush never appointed someone who wasn’t a complete unadulterated shill. So I’m looking forward to nothing on this one.

  • I am going to try to be optimistic here. I have difficulty imagining that Bush/Cheney/Rove would initiate this as a diversion because there is just too much that could go wrong, and the fact of it even happening reinforces what Iglesias said the other day – every line of evidence points to the White House and Rove. The fact that it is happening at all should, in a rational world, mean that the Office of Special Counsel is showing some professional integrity. Intergrity to this admin is like holy water to a vampire.

  • It’s time to wake up and smell the coffee. Those lawyers who have long neglected oversight responsibilities are having the “Gonzo” realization that elections have consequences, and that investigators can be investigated.

  • The 106-person Office of Special Counsel has never conducted such a broad and high-profile inquiry in its history.

    It’ll take eighteen months. In the twixt, they’ll be “No comment on ongoing investigations.”

  • I’m with Jackel. This will be Kremlin justice. Karl will be ‘vindicated’ and some lower level stooge may be fired.

  • Scott J. Bloch. Is that Bloch as in Scots ‘loch’? Or is it Bloch as in ‘block everything incriminating from getting out’? Or is it Bloch as in ‘botch’ = ‘make a complete balls-up’?

    Any relation to J. Scott Jennings? Don’t suppose so.

    Paul C. Light. Now that’s biblical.

  • This is solely, and deliberately, set up so that the ‘Nothing we can do — pending investigation’ defense can be used to fend off committees in the House and Senate who also want these people, and this evidence, in front of them.

  • Can’t a group of the members of the House of Representatives take up their own investigation as part of what is known in some circles as the Impeachment process?

  • If any normal federal employee did what Rove has done, he would have been fired long ago. The OSC investigation is too little, too late.

  • From his bio at http://www.osc.gov/specialcounsel.htm:

    From 2001-2003, Mr. Bloch served as Associate Director and then Deputy Director and Counsel to the Task Force for Faith-based and Community Initiatives at the U.S. Department of Justice, where he worked on First Amendment cases, regulations, intergovernmental outreach, and programmatic initiatives.

    Mr. Bloch has published various articles including: “The Judgment of History: Faction, Political Machines, and the Hatch Act,” published in the University of Pennsylvania Journal of Labor & Employment Law (7 U. Pa. J. Lab. & Emp. L. 225 (2005), and “Don’t Bury the Hatch Act: Hidden Dangers for the Unwary and Politically Active Prosecutor’s Office Employee,” published in The Prosecutor in the September/October 2004 issue (Vol.38/Number 5, Sept/Oct 2004).

    Here’s the link to the 2nd article:
    http://www.ndaa-apri.org/publications/ndaa/dont_bury_hatch_act_sept_oct_2004.html

    Someone with legal smarts might want to look at those articles and see if this guy is legit.

  • The growing controversy inspired him to act, Bloch said.

    “We are acting with dispatch and trying to deal with this because people are concerned about it … and it is not a subject that should be left to endless speculation,” he said.

    — Looks like he’s the good guy : so it must be ‘Bloch’ with a broad Scots accent.

  • Shouldn’t all the Three Letter Acronyms (TLA) be OSC?

    Yep. They’re all fixed now. Thanks.

  • On second third thoughts — Task Force for Faith-based and Community Initiatives.. ? : Yiiikes!

  • knobboy is right. Bloch is just another BushCo shill.

    First, anyone that Catholic League president William Donohue loves this much is probably a piece of crap:

    http://www.catholicleague.org/05press_releases/quarter%201/050330_scottbloch.htm

    But more importantly, PEER has loads of stuff about Scott Bloch. Here’s one example:

    Washington, DC —The Office of Special Counsel (OSC) abruptly reversed course and abandoned attempts to monitor an investigation into reports of reprisal against its own staff, according to an all-employee email released today by Public Employees for Environmental Responsibility (PEER). The action yesterday came just hours after PEER issued a news release documenting how that investigation had ground to a halt due to obstruction by Scott Bloch, the probe’s target.

    http://www.peer.org/news/news_id.php?row_id=823

  • I want to see a concise list of impeachable offenses. Constitutional infractions. I know they’re there. I just don’t know what’s impeachable and what’s simply infuriating. And then every one of us should take the list (bullet points) and circulate it to our Reps and Senators daily, even hourly, until the process is launched to rid us of the festering mess that is the Bush administration.

  • Not that I know anything in particular about this, but I doubt this is being done as an intentional whitewash; the administration’s main MO has been to simply not investigate at all, rather than set up Potemkin investigations, unless absolutely forced to (i.e. Abu Ghraib). No one is forcing Bloch to do this. Besides, if this office, connected so closely to the White House, gives Rove a clean bill of health, no one would believe it. Thus little reason for Rove et al to try exonerating themselves this way.

    Since Bush retains the power to fire Bloch, the interesting dynamic will be if the investigations starts doing damage, will they pull a Saturday Night Massacre?

  • Racerx – I don’t claim to have legal smarts, I just play a lawyer at work. I read the article and it’s basically just a primer on the Hatch law that seems to pretty much lay out all the things that you’re not allowed to do if you work in the Government.

    You didn’t mention this but the alternative title of the article is “Karl Rove’s Job Description.”

  • Right the second time, jimBOB — and KARL ROVE is probably forcing Bloch to do this.

    Criminey.

  • I thought it was going to Fitzmas II. Damn hope.

    Everyone else seems to be right and it looks like another whitewash. Sigh

  • From Bloch’s “Don’t Bury the Hatch Act: Hidden Dangers for the Unwary and Politically Active Prosecutor’s Office Employee”:

    …Covered employees may not use official authority or influence to interfere with or affect the results of an election or nomination.

    The use of an official position to benefit or to oppose a candidate in a partisan campaign is prohibited. For example, a city employee is barred from asking subordinates to support or volunteer their services to a political party or candidate’s campaign

    So I guess he’ll get right on those Hatch Act violations at the General Services Administration.

    Riiiight.

  • While I can see jimBOB’s points, I also look at how gullible the media and the masses are. The Prez has been making things up since and calling it truth since he took office. He has recently been regularly comlementing Gonzales as a good and honorable man and I would argue that that is all anyone sees or hears. Most Americans probabaly have no idea how poorly Gonzales performed last week, and the MSM, while it is dutifully regurgitating the adminstrations talking points, is not about to tell them. That would require work on thier part.

  • Fox meet hen house.

    Their allegations run the gamut. They claim Bloch has denied help to gay workers who assert sexual-orientation discrimination; dismissed hundreds of whistleblower and discrimination complaints without any investigation; issued illegal gag orders and reassigned or fired employees he suspects of leaking information about him; and left critical staff vacancies open, while hiring numerous unqualified friends at high salaries for unnecessary administrative positions. Worse, they allege that he has politicized what should be a nonpartisan office by squashing investigation into whether Condoleezza Rice had broken campaign law, but speedily pursuing allegations against John Kerry; and vigorously pursuing petty complaints against Democrats and Green Party candidates, while burying complaints against Republicans.

  • Don’t get your hopes up on this one.

    One of Bloch’s first acts was to take “Sexual Orientation” off the list of classes protected from employment discrimination in the Federal Government on his website. Those of us GLBT folk who work for the Feds went through considerable anxiety, because for a time it looked as if our protections were being removed. As I recall, he got forced into backing down. Bloch also (as has been noted) been the focus of employment discrimination complaints himself. One, as I recall, involved arbitrarily transferring troublesome employees to remote offices far away from Washington as a form of retribution.

    And he’s going to investigate Rove, et.al.? This doesn’t pass the giggle test.

  • More from the piece I linked to above.

    Then in December — shortly after a watchdog group reported Bloch’s hiring of his friends — Bloch abruptly relocated 12 career employees to offices in Dallas and Detroit, and fired those who refused to go, which was most of them. The reassignments made little practical sense; for example, the head of the mediation team was sent away from DC, where most cases originate, to Detroit. Two of the 12 targeted were openly gay. Some were among the most senior staff. None was given any reason for being fired other than his or her refusal to move. A few were offered severance settlements requiring their silence about Bloch’s actions at OSC; nobody accepted the terms.

    These are exactly the kinds of retaliatory acts that the OSC exists to investigate. So the employees, with the help of several watchdog organizations, including the Human Rights Campaign, filed a complaint with the OSC this March. They asked Bloch to recuse himself and refer the complaint to the independent President’s Council on Integrity and Efficiency (PCIE). Instead, Bloch sent it to another body, the Integrity Committee, which quickly ruled that it had no jurisdiction over the OSC and closed the case.

    This guy was Gonzo before Gonzo.

  • This is absurd. Again from the article.

    Among its other duties, the OSC investigates alleged violations of the Hatch Act, the post-Watergate prohibitions on using federal offices for political purposes. During the 2004 presidential campaign, Bloch was accused of misusing his office by taking a partisan approach to Hatch Act investigations.

    This hit the fan when Condoleezza Rice, then national-security adviser, made a series of high-profile speeches in battleground states, which struck many observers as de facto campaign speeches for George W. Bush. Congressman John Conyers (D-Michigan) brought a complaint to the OSC. Instead of turning the complaint over to the regular investigators, as is normal practice, Bloch gave it to Renne, his political deputy, who did nothing with it until after the election.
    Compare that with the handling of allegations from last August, when Senator John Kerry appeared at the Kennedy Space Center, a National Air and Space Administration facility. (The appearance resulted in a photo of Kerry in a light-blue protective suit, which the Republican National Committee mocked.) Within two days of receiving allegations that Kerry’s appearance may have violated the Hatch Act, Bloch assigned the case to the investigative staff, directing them to conduct an immediate on-site investigation.

    This apparently partisan application of the OSC’s resources was high profile enough to draw criticism from Conyers and others in Washington. But Bloch appears to be doing the same with rank-and-file federal employees. He has sought sanctions against eight people for alleged Hatch Act violations since taking office. Two, involving a Social Security Administration employee who e-mailed a pro-Kerry message and another who responded with a pro-Bush e-mail, were just rejected by an administrative judge. Of the other six, three are against Democrats, two are against Green Party members, and one is against an independent.

  • That Phoenix article is a goldmine. It turns out that he is the perfect Bushie. Not only is he a partisan hack, he’s incompetent.

    All these allegations are serious, but there is a more fundamental problem with the OSC under Scott Bloch: it is not doing its job.

    Bloch entered office pledging to reduce the backlog of cases, which stood at about 1200 held-over cases each year. (About half of those are whistleblower disclosures, and half are complaints about reprisals or discrimination.) He claims to have done so, although his office has refused all requests for a specific accounting.

    But by all appearances, he has not cut the backlog by more efficiently processing complaints, pursuing the ones with merit, and dismissing the others. He seems instead simply to have closed hundreds of cases without any inquiry at all.

  • This has all the makings of a protracted rear-guard action, with the purpose being to keep Congress from impeding an ongoing investigation. Nothing says “screw you” more than for a unitary-executive addict to suddenly find a way to play the separation-of-power card….

  • This is bullshit. The OSC is a presidential appointee and reports to the White House. This is a whitewash waiting to happen. I can hear it now…

    “See! After this ‘independant, non-partisan’ investigation it was determined nothing was wrong… There is no need for Rove and Miers to testify. Congress is on a fishing expedition…”

  • “Not only is he a partisan hack, he’s incompetent”-rege

    There in lies the hope. Perhaps an inept whitewasher will accidentally spill some truth.

  • Bloch defends his office in the WaPo by mounting a partisan attack on the paper.

    Has The Post ignored these stories because we are tagged as “Republican” or “conservative” (despite our statutory independence) or because we have been targeted by activists whom some would characterize as “liberal”? These accomplishments would ordinarily merit significant coverage in The Post but apparently not when certain activists are obsessed with preventing positive coverage of our agency.

  • They are going to use this “investigation” to block Congressional oversight.

    Just another Whitewash.

  • Yeah, right. He will find any leaks and shut them up. Find any incriminating information and get rid of it. At this point we can trust no one coming out of the WH. They can politicize the DOJ across the country so I would be shocked if the OSC did anything that contradicted the goals of Rove and others in the WH.

  • i’m thinking that bloch may be a “conservative” “republican” but — importantly — he’s a “real” lawyer, and lawyers, in the end, are going to stick together. i can’t imagine that he’s not going to at least try to investigate those responsible for screwing with the USAGs. and the rest (GSA, emails, etc.) clearly goes with it. certainly the shrub admin will use whatever they can to their advantage (refusing to comment because, “ooh, look, there’s an ongoing investigation and we’re just so freaking circumspect,” etc). they are rats on an obviously sinking ship.

    even if said rats never end up indicted or impeached, it is vitally important that the american public get to see the results of their lackadaisal attitude toward vocalizing and voting. this is what happens when you hand control of the gubmint over to sociopaths.

  • wouldn’t you know … hard to say what bloch is …

    there’s this over at tpmmuckraker (http://www.tpmmuckraker.com):

    Justin over at The Blotter has the highlights:

    …government watchdogs have accused Bloch himself of similar behavior. In April 2005, they and others complained the White House appointee had allowed his office to “sit on” a complaint that then-White House National Security Adviser Condoleezza Rice used government funds to travel in support of President Bush’s re-election bid.
    By contrast, they said, Bloch ordered an immediate on-site investigation of a complaint that Bush’s challenger for the White House, Sen. John Kerry, D-Mass., improperly campaigned in a government workplace, which had been filed around the same time.

  • And I can’t find a thing about Bloch’s deputy James Byrne, other than that Iglesias was comfortable with him (I think Byrne’s another reservist). Byrne is supposedly heading up this whole investigation on USAgate, emailgate, and Hatchgate.

    The OSC website itself is horribly out of date; no bio for Byrne and few press releases given all the major news they’ve been getting since taking on USAgate (at least Iglesias) and Lurita Doan’s Big Adventure.

    Here’s a Daily Kos diary I wrote which has probably the most information anywhere you’ll find on the elusive Jim Byrne.

  • Imagining any of the candidates as a unitary executive under that theory of government is supremely difficult when you consider that such theory discounts the purpose or balance of powers of the Constitution that Congress and the Supreme Court were set up to impose.

    That the nation would gravitate toward such a theory can only be the result of recent efforts by the Bush-Cheney team to impose one using the emergency powers of the President in order to pursue his war in Iraq under the guise of providing for public defense and security.

    Most Americans don’t see any of the candidates as the unitary executive type of person the nation would want to trust with that authority. Kings are never elected, are they?

    Further, identifying any of them as the type of person who would, or could, use such authority with the kinds of attributes that any American would want to embrace or provide allegiance and loyalty toward is an illogical application of measuring their attributes. Presidents, of the normal variety, were simply not meant to be Unitary Executives who can command that level of trust.

    It’s likely that few Americans could come up with one in their own lifetime who could justify that degree of deference, or accept that degree of authority.

    Either America needs change in this aspect of national leadership, or it needs an evaluation of the Constitution to restore citizenship rights that are not inclined to view the Presidency or the Vice Presidency with this degree of latitude. Otherwise, the leadership aspect of these offices is irrelevant, and raw power is the measure by which they are viewed and performed, and elections become mere power wars.

    It is not judicious to diagnose the branches when the root is infected with the disease.

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