Seeing the forest for the purge trees

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.

“…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.”

Well, and to use the levers of Justice to try and actually influence elections, which is what I think is/was the real goal of all this.

  • The MSM is either blind to the underlying assault on the Constitution represented by this scandal, or is willfully ignoring it to help the Republicans. On Chris Matthews Sunday discussion program yesterday, Matthews and the four reporters present for his round table discussion continued to discuss this and the possible subpoenas of Rove, Miers, etc. as merely playing poliics by the Democrats because they dislike and envey Rove and want to get even with him for the 2000 and 2004 presidential elections. Not one word was said about the subversion of the Constitution, the judicial system and the democratic electoral system by using Federal Attorneys to target the opposition to infuence elections.

  • Well, and to use the levers of Justice to try and actually influence elections, which is what I think is/was the real goal of all this.
    This is absolutely right. At its core this is about the subversion of democracy which is most certainly an impeachable offense. Think about this. Junior has said that elections are the only “accountability moments” which we have in our democracy. The ability of BushCo to govern as if there were no other mechanisms than elections for holding them accountable was made possible by the subversion of the Republican controlled Congress. We now, not too surprisingly, find that they were also trying subvert the electoral process. There can be little doubt that they wanted a fascist state.

  • and, as we all know, the purge scandal is only the tip of the iceberg. the bush administration has been one assault on the constitution after another.

  • glenn greenwald has an excellent column in salon today regarding the way this scandal is being portrayed in the msm……….

  • This is like trying to re-install a regime where white people would not get prosecuted for the same things black people would get prosecuted for (I know it still happens, but at least today we’re held up to a standard of racial justice- there are remedies for disrimination).

    It sends a clear message to the prosecutors: don’t prosecute Republicans when they’re in office.

  • McLaughlin was really funny yesterday. He straight-up asked those knuckleheads whether the constitution provides for a separation of powers in governing the military. Asking those people about the constitution is like asking me about biology: uh, cell wall, mitochondrion; that’s all I’ve got.

    The couple of conservatives actually started talking about George Washington. It’s so annoying when that actually gets bandied about in a talk about war powers. George Washington wasn’t the guy the Founders had in mind to be the president because he was a military man, he was picked because everyone liked him and it was a way to compromise and get different regions to accept the new constitution. The Founders didn’t have military dictatorship in mind at all, and Washington was closer to being a borderline Tory than a true patriot relative to others of the founders.

    In short, it wasn’t even Washington that was most interested in having a new country- he was sitting back on his plantation disinterested until people encouraged him more to get involved. He wasn’t exactly raring to become the president, either.

    Then these Republicans want to try to act that all the checks and balances that were put in the constitution aren’t there. If it wasn’t about check and balances and preventing dicatatorship, why did people marvel at its genius and carry copies of it in their pockets for years after it was ratified? Ordinary people discussed and marveled at and carried the Constitution around with them for decades after it was ratified. It doesn’t take a genius to think up electoral dictatorship and it doesn’t solve any of the problems any idiot knows come with dictatorship.

  • We need a crusading press to emerge. The MSM needs to realize that none of this is politics as usual. I’m reading Conason’s It Can Happen Here and the case could not be simpler that we are threatened with “fascism bearing a flag and a Bible.” as Sinclair Lewis predicted.

  • Is there any way this can not wind up in either the impeachment of Bush, or his prosecution (depending on timing)?

  • I’m truly impressed at the high quality of Internet reporting and analysis surrounding this matter. It would be easy to lose sight of the big picture given the way details have surfaced over an extended period of time and from many sources, not to mention the diversionary tactics employed by the administration that could easily have led this story off course.

    So far, Internet journalists have managed to fit the pieces together, defuse counter-claims and stay on track much better than traditional journalists. Kudos to all, and a heartfelt thank you. The country needs the kind of effort you’re putting forth and the public needs a place to read what you’re writing.

  • beep52

    I do believe that the competition being provided by the internet journalists could be the saving grace of the print/other media, if only they so choose to see the lesson being taught by the internet folks. I doubt if they do see this, though.

  • Why anyone is surprised that Bush’s thugocracy, led by Cheney and Rove, would enlist DOJ to help install permanent Repug control escapes me. This regime has been interested in only one thing: power. Punishing your enemies and rewarding your friends are the time-hallowed hallmarks of a tyrant. Everything is politicized in such circumstances, and we haven’t even seen the tip of the iceberg. An ice cube maybe.

    The lop-sided prosecution of Democrats over Republicans says very clearly that the politicization of DOJ went much further than merely firing these particular eight. How many USAs knew implicitly what they had to do if they were going to retain their jobs and careers? Probably all 93 USAs need to be investigated, which i realize isn’t going to happen.

    The insertion of a clause repealing the requirement for Senate approval of USA appointments is only one effort to subvert checks and balances. The White House has also instructed the cabinet secretaries to create policy level jobs within the bureaucracy protected by the civil service laws so that the political hacks they intend to plant in those jobs can’t be fired by the next administration. George Pataki as Governor of New York did the same thing in the waning days of his administration. In his case he knew a Democrat would replace him. Romeny in Massachusetts tried to do something similar. These are very danagerous people who do not believe in checks and balances. Indeed they do not believe in democracy in any form. And we have far too many of them.

  • Is there any way this can not wind up in either the impeachment of Bush, or his prosecution (depending on timing)? —Comment by firefall

    If there are not consequences for this gang of thieves and thugs, God help America. All of Bush’s malfeasance will become precedent. It is not enough to allow him to retire after twenty-two months and breathe a sigh of relief; all of the unitary executive claims have to be discredited in order to restore the constitutional balance of the republic. Much as I don’t want to live through another Watergate, it is my prayer that we have one.

  • It doesn’t seem likely that we’ll get to an impeachment stage. The public hasn’t and won’t get an assessments from the corporate MSM that would provide the impetus for such an action. Radical right-wing extremists have found a way to manipulate our system of government. I do hope the Democrats spend a great deal of time inserting repairs into that system and begin to restore that balance of power. We came too close to dictatorship this time.

  • Rich says in #13: The White House has also instructed the cabinet secretaries to create policy level jobs within the bureaucracy protected by the civil service laws so that the political hacks they intend to plant in those jobs can’t be fired by the next administration.

    Now THAT is some scary shit.

    PLEASE, Dems, root this out NOW.

  • ***The White House has also instructed the cabinet secretaries to create policy level jobs within the bureaucracy protected by the civil service laws so that the political hacks they intend to plant in those jobs can’t be fired by the next administration.***
    ———-Rich

    The solution to this is to simply re-assign the workload to other employees, and leave these plants; these “hack columnists” a cubicle, a desk, and a really big pile of “make-work.” Every time one of them commits an infringement, hand ’em a demotion. If they establish a pattern of not getting the “work” done, then curtail their hours, screw them over on performance evaluations, and hand them “zero-percent” salary increases.

    They’ll eventually quit, go insane, or do something that gets them tossed in jail. “Ooooooooooohhh—can’t make it in because you’re behind bars? That’s called “job abandonment.” Says so right in the US Department of Labor manual….

  • Man, it’s hard to think inside this echo chamber.

    U.S. Attorneys are appointed by the President. They are political appointees. U.S. Attorneys can be fired by the President for any reason he decides. Why is this a scandal?

    All those fired were originally appointed by President Bush. President Clinton asked all 93 U.S. Attorneys to resign in 1993 and none of them had been appointed by him.

    And now, let BushHate® begin!

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