‘Some things must be said, whatever the risk’

John S. Koppel started working for the Justice Department as a civil appellate attorney in the Reagan administration. Now, 26 years later, Koppel is so disgusted by the actions of the Bush administration, that he felt compelled to write a devastating op-ed in the Denver Post on why the president’s sense of justice is “a national disgrace.” (thanks to SKNM for the tip)

The piece ran last Thursday, 48 hours after the president’s scandalous commutation of Scooter Libby’s prison sentence. Given Koppel’s resentment, I get the sense that it was this decision that broke the proverbial camel’s back.

As a longtime attorney at the U.S. Department of Justice, I can honestly say that I have never been as ashamed of the department and government that I serve as I am at this time.

The public record now plainly demonstrates that both the DOJ and the government as a whole have been thoroughly politicized in a manner that is inappropriate, unethical and indeed unlawful. The unconscionable commutation of I. Lewis “Scooter” Libby’s sentence, the misuse of warrantless investigative powers under the Patriot Act and the deplorable treatment of U.S. attorneys all point to an unmistakable pattern of abuse.

In the course of its tenure since the Sept. 11 attacks, the Bush administration has turned the entire government (and the DOJ in particular) into a veritable Augean stable on issues such as civil rights, civil liberties, international law and basic human rights, as well as criminal prosecution and federal employment and contracting practices. It has systematically undermined the rule of law in the name of fighting terrorism, and it has sought to insulate its actions from legislative or judicial scrutiny and accountability by invoking national security at every turn, engaging in persistent fearmongering, routinely impugning the integrity and/or patriotism of its critics, and protecting its own lawbreakers. This is neither normal government conduct nor “politics as usual,” but a national disgrace of a magnitude unseen since the days of Watergate — which, in fact, I believe it eclipses.

The op-ed reads like an indictment for which there is no reasonable defense.

In more than a quarter of a century at the DOJ, I have never before seen such consistent and marked disrespect on the part of the highest ranking government policymakers for both law and ethics…. [T]he DOJ Inspector General’s Patriot Act report (which would not even have existed if the administration had not been forced to grudgingly accept a very modest legislative reporting requirement, instead of being allowed to operate in its preferred secrecy), the White House-DOJ e-mails, and now the Libby commutation merely highlight yet again the lawlessness, incompetence and dishonesty of the present executive branch leadership.

They also underscore Congress’ lack of wisdom in blindly trusting the administration, largely rubber-stamping its legislative proposals, and essentially abandoning the congressional oversight function for most of the last six years. These are, after all, the same leaders who brought us the WMD fiasco, the unnecessary and disastrous Iraq war, Guantanamo, Abu Ghraib, warrantless domestic NSA surveillance, the Valerie Wilson leak, the arrest of Brandon Mayfield, and the Katrina response failure. The last thing they deserve is trust. […]

The public trust has been flagrantly violated, and meaningful accountability is long overdue. Officials who have brought into disrepute both the Department of Justice and the administration of justice as a whole should finally have to answer for it — and the misdeeds at issue involve not merely garden-variety misconduct, but multiple “high crimes and misdemeanors,” including war crimes and crimes against humanity.

Keep in mind, Koppel is a current employee of the Justice Department, which means his decision to register his indignation in print, for all to see, took considerable courage. We’ve seen, all too often, the ways in which the Bush administration will crack down mercilessly on those critics who dare to speak up like this. His career is now in jeopardy.

But Koppel did it anyway, disregarding the consequences. He even notes that he expects “unlawful reprisal from extremely ruthless people who have repeatedly taken such action in the past,” but concludes, “[S]ome things must be said, whatever the risk.”

Read it, clip it, send it to your friends.

I hope Koppel’s demonstration of courage inspires others at Justice and throughout the federal government to take similar steps. It is a travesty that good people have to risk their livelihoods to do what’s right, but this is the situation our authoritarian friends and those who eagerly devour their propaganda have brought upon us. They’re counting on us not having the courage to speak out, and as long as we don’t, they win.

Kudos as well to the Denver Post. How fitting that this should appear the day after Independence Day.

  • “multiple ‘high crimes and misdemeanors,’ including war crimes and crimes against humanity.”

    Indeed. And yet Pelosi still thinks impeachment is a stupid idea.

  • Wow – you could really feel the anger and disgust coming off that op-ed in waves, and even then it probably does not begin to express what many in the DOJ are thinking and feeling these days.

    It reminds us of what is getting lost in this stand-off between the WH and Congress, and that is that principles have been eroded or sold out for the purpose of consolidating and strengthening the power of one political party. In addition to all the other reasons to unseat Republicans in 2008, this has to be at or near the top of the list – because if this is allowed to continue, we will be reduced to the level of a third-world country.

  • Thank you, John S. Koppel.

    May your name be forever canonized in the annals of history as a True American Patriot.

  • hmmmm… I wonder how long it will take for Koppel to be suicided. And yes, Pelosi must bow to the will of the people. If we don’t impeach Bu$h and the rest of his gang of outlaws, then remove the option of impeachment altogether.

  • If anyone deserves a Medal of Freedom, it’s John S. Koppel.

    And the reprisals will start in 3….2….1….

    Well done, Mr. Koppel!!

  • the Bush administration has turned the entire government (and the DOJ in particular) into a veritable Augean stable

    Brilliant.

    I know Koppel is not alone in his feelings, but he deserves full credit for being the first to publicly, openly and eloquently voice his opinion. Let’s hope his colleagues follow his lead.

  • Someone should send a copy of Koppel’s statement to Pelosi and say this is what courage looks like. That is what we need instead of “bipartisanship” which has hobbled us with the likes of Alito and Roberts. Was Pelosi chosen for leadership abilities or because it would make interesting headlines having a woman speaker? Right now it is looking like the latter of the two.

  • Just because they can get away with it doesn’t make it right or even legal. Koppel mentions ethics and this is something that has been totally lost with this administration, especially with Cheney.

    Shame hovers over our nation like a plague. It was brought on by the actions of the Bush administration and is kept in place by those who allow this administration to continue. Koppel must have thought that unless I say something or do something then I am encouraging it by my silence.

    Being an “official” part of this administration he has let his integrity shine as an example to us all even at the risk of losing all he’s worked for. If only Pelosi and Conyers would take heart at his example and learn that impeachment is not just about its practicalities(that is it’s convenience or whether it is successful ) but rather about removing this cloud of shame hovering over America, about regaining our integrity as a nation of laws and justice and fairness. Look at what we’ve become under this administration and are becoming.

    Remember, the terrorists are not saying, “look at what we did to the Americans”, but rather, “look at what we made them do to themselves”. Hats off to Koppel for standing up and telling the truth about his bosses. Many thanks.

  • I thank Mr. Koppel for speaking the truth. It is refreshing to hear something said outright, no BS. I agree with him, I lived through Watergate, and Nixon looks good compared to these clowns.

    It is time to impeach them. Call your representatives on the phone and demand it. The Congress needed pushing during Watergate, too. They dragged their feet at first. We wrote letters, sent telegrams, and phoned them. The mass of demands got to them, and they acted. We have to do it again. The future of our way of life depends on it.

    If Bush & Co are not impeached, the balance of power will remain centered in the hands of the executive branch and the next president will have equal power. It will only get worse. It is time to restore the balance of powers.

    Bush’s self-serving behavior shows a contempt for the law and the American people in a manner never shown in this country before. Even Richard Nixon knew enough to resign when the country got angry enough. These losers won’t do it, we HAVE to impeach them.

  • A brief breath of sanity gurgles in the murky depths of usurpation.

    Harbinger of terminal strangulation.

    Life-support and resuscitation a long way off.

    Ear-piercing, heart-rending yelps of the stricken prey.

    Candles guttering fleetingly.

    Dying.

    Dead.

    Gone.

    The End.

    Let’s not be pessimistic!

  • And it is no answer to say that U.S. attorneys are political appointees who serve at the pleasure of the president. — Koppel.

    We fully recognize that the Constitution provides that commutation decisions are a matter of presidential prerogative [..] — Fitzgerald.

    These two prerogatives granted to a President, along with the prerogative of issuing pardons and Executive Privilege, were instituted at a time when it must have seemed inconceivable that any citizen with the stature to become a duly elected President of the United States could possibly lack the moral fiber, ethical restraint and judicial discrimination necessary to avoid abusing these powers so generously entrusted to his virtue and wisdom.

    How sadly, tragically deceived they were. What a sorry pass has come to befall the Great American Dream.

    Well, I guess everything is impermanent.

  • Good that he lsaid it, but I think the only message Gonzo and the White House will take from it is that he’s missing terribly spending more time with his family.

  • Thanks so much for that heads-up! I couldn’t resist posting it myself. And to honor it, I stole one of Bushie’s Medals of Valor (that he gave posthumously to the NYC service personnel who died “in the face of terror” on 9/11.) It seemed appropriate for a man who, metaphorically, just pledged his life, his fortune and his sacred honor.

    See Shut up, Tina! on Once Upon a Pint. (I hope that works – not all code is created equally…)

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