• commentary
  • THURSDAY NOVEMBER 13 2008 6:00 AM

Turn The DOJ Into A Husk

It’s hard to figure out the worst George Bush accomplishment. It’s a smorgasbord of horrors. The Iraq War is obviously up there, as is the slaughter of the economy. But, for me, it’s the rule of law. Without law, we cannot function as a democracy. The depth of shameful decisions throughout our justice system is staggering. Obama is facing a very ugly task in trying to clean up the Department of Justice because it has been turned into a tank of unqualified, partisan, religious nuts.

This summer, the Office Of Inspector General and Office of Professional Responsibility at the Department of Justice issued a joint report about the Department of Justice’s hiring program under Bush. Turns out, it was not so great.

We concluded that McDonald committed misconduct and violated Department policies and civil service law by considering political or ideological affiliations in assessing Honors Program and SLIP candidates. (93)



We concluded that Elston violated federal law and Department policy by deselecting candidates based on their liberal affiliations. (94)



We also concluded that Elston committed misconduct, and violated federal law and Department policy, when he deselected candidates and denied appeals based on his perception of the political or ideological affiliations of the candidates. (96)



We also concluded that OARM Director DeFalaise did not adequately or timely address the concerns that were brought to his attention concerning the Screening Committee's deselections. (96)



Finally, we concluded that Acting Associate Attorney General Mercer did not adequately address the concerns that were brought to his attention by several senior Department officials that the Screening Committee's deselections appeared to have been politicized. (97)...



An OARM employee ... recalled that one of the [deselected] candidates she raised to DeFalaise's attention was first in his law school class at Georgetown University, had clerked for a federal district court judge, and was currently clerking for a Second Circuit judge. [footnote 41: This candidate also had worked as a law clerk for Senator Russell Feingold, a Democrat, and for Human Rights Watch, but the OARM employee does not recall pointing out the candidate's political or ideological affiliations to DeFalaise at this time.] (59-60)...



This is my personal favorite.

The Committee used paper copies of the applications on which Fridman and McDonald made handwritten notations about the applicants, but those documents were destroyed prior to the initiation of our investigation. (68,69)



Destroyed. Papers destroyed at the Department of Justice before an investigation began! That’s not a good thing for the guys who are enforcing the law to do, right?

Now, due to this flawed hiring process, the Department of Justice is full of clowns. Monica Goodling was the religious nut selected to do the hiring. She is a graduate of Regent University and she hired people from Regent University.

Regent University School of Law, founded by televangelist Pat Robertson to provide "Christian leadership to change the world," has worked hard in its two-decade history to upgrade its reputation, fighting past years when a majority of its graduates couldn't pass the bar exam and leading up to recent victories over Ivy League teams in national law student competitions.

But even in its darker days, Regent has had no better friend than the Bush administration. Graduates of the law school have been among the most influential of the more than 150 Regent University alumni hired to federal government positions since President Bush took office in 2001, according to a university website.



Hello, theocracy! The rules for hiring were changed by Ashcroft and Gonzalez, in order to make it easier to hire fools nobody else wanted. And fools they got.

In a recent Regent law school newsletter, a 2004 graduate described being interviewed for a job as a trial attorney at the Justice Department's Civil Rights Division in October 2003. Asked to name the Supreme Court decision from the past 20 years with which he most disagreed, he cited Lawrence v. Texas, the ruling striking down a law against sodomy because it violated gay people's civil rights.

"When one of the interviewers agreed and said that decision in Lawrence was 'maddening,' I knew I correctly answered the question," wrote the Regent graduate. The administration hired him for the Civil Rights Division's housing section -- the only employment offer he received after graduation, he said.



So, now Obama faces a serious situation. The Department of Justice has been turned into a partisan organization, broken the law and is full of unqualified religious nuts. It should be cleaned out like a pumpkin (and a smiley face carved into the side).

But that creates other problems. Morale usually isn’t helped by a gutting. Also, it’s not the idiot’s fault for being hired by another idiot and some of them may have actually become okay at their job. I doubt it, but it’s possible. Those who came to the Department of Justice to push their ideological agenda will not last, anyway. The rule of law and non-partisanship will return and they will not like that change. They will be driven out because they will not want to work at a job that suddenly restricts the abuse they have become accustomed to inflicting.

Even with all those reasons, Obama should gut the place. Everyday those tools remain is another day the Justice Department is on the wrong track. Too much damage has been done to repair it slowly. Because of what the Bush administration has done, the job may not be the best resume builder for young attorneys anymore. The longer the rot stays, the harder it will be to rebuild the DOJ’s reputation. A massive firing could possibly change that quickly. And besides, it ain't exactly a party up in that bitch now.

Whoever succeeds Alberto Gonzales as attorney general will face a long list of challenges at the Justice Department, from unfilled senior positions to sagging morale. One of the most pressing, according to dozens of current and former federal prosecutors, is a budget squeeze at U.S. attorneys' offices that has led to declines in crime prosecutions and delays in major investigations.



Hopefully, the tools will bail on their own and turn it into a husk. An Obama Department of Justice will look very different. We already know he will resurrect the obliterated Voting Section of the DOJ’s Civil Rights Division. Earlier this year, Obama "derailed" former Voting Section head Hans von Spakovsky’s move to the FEC.

Hans von Spakovsky is not the right person for this job, and I strongly oppose his nomination. From 2001 to 2005, von Spakovsky served as an official at the Justice Department's Civil Rights Division where he amassed a record of undermining voting rights, creating restrictions that would make it harder for poor and minority communities to vote, and putting partisan politics above upholding our civil rights.



He no likey. I could give a shit if the next Attorney General is a liberal, conservative, Democrat or Republican. I’d just like him or her to actually give a shit about the law, because it’s been eight years since we had that.

Senate Judiciary Committee Chairman Patrick Leahy (D-VT) would like the new attorney general to state, "We are the Department of Justice....And," Leahy said, "Emphasize the word Justice."

Leahy says a new attorney general needs to tell Justice employees, "We are here so that every single American can look at us and say, 'I know that my rights are protected; I know that the laws are protected; I know that I'm not going to be treated any differently whether I'm rich or poor, whether I'm a Democrat or a Republican.' "

"Then," Leahy said, "I think I would go one step further, which would be to say to everybody there: 'Anybody who is unwilling to be impartial to Americans, leave the Department of Justice now.' "

These used to be principles people could take for granted at the Justice Department, but that's no longer the case.



Whoever Obama picks has to investigate warrantless wiretapping, figure out the legal status of the kids at Guantanamo, torture, the firings of US attorneys and quite a lot of other Bush administration bullshit. Having the Regent idiots around when trying to do that may not be the best idea.


FearTheReaper is a writer, actor and stand up comedian. Check back each Tuesday, Thursday and Saturday for more from FearTheReaper and read his blog, Stop All Monsters.

 
Comments
Bastardo

Bastardo

Boston, MA
January 2005

NOV 13, 2008 06:38 AM

I almost feel bad that Obama won, he's got a huge heap of shit to shovel through.

Kouvre

Kouvre

Moline, IL
April 2006

NOV 13, 2008 07:40 AM

Let's say he does great over his first term with undoing Bush horseshit and gets reelected. Would it be asking too much to dissolve the Department of Homeland Security and merge its duties with the Department of Defense? You know, since Homeland Security is just a bureaucratic way to say "Defense" anyway?

_kungfoo_

_kungfoo_

Los Angeles, CA
April 2005

NOV 13, 2008 11:57 AM

Kouvre said:
Let's say he does great over his first term with undoing Bush horseshit and gets reelected. Would it be asking too much to dissolve the Department of Homeland Security and merge its duties with the Department of Defense? You know, since Homeland Security is just a bureaucratic way to say "Defense" anyway?



How about we keep the DHS and change the name of the DoD to the Department of the Military or something simlair. I'm not at all convinced that the creation of the DHS has necessarily been a bad thing--having incompetents running it: yes--but not in theory. Why should the military be in charge of civilian police organizations?

Valeyard

Valeyard

Shreveport, LA
January 2005

NOV 13, 2008 02:23 PM

I helped "hire" Obama BECAUSE I am willing to believe that he can clean up the mess. When he is inaugurated into office I think his careful deliberation on these many issues will have payed off and we'll have a set of carefully crafted decisions that not only clean up the mess, but do it in a way that heals the great divides that fragment the nation and the government.

Subrosa

Subrosa

San Francisco, CA
July 2004

NOV 13, 2008 02:29 PM

I have very, very little doubt that there is about to be a bloodbath at the DoJ.

Ascanius

Ascanius

USA
October 2006

NOV 13, 2008 02:36 PM

Subrosa said:
I have very, very little doubt that there is about to be a bloodbath at the DoJ.



I really hope Leahy is the one holding the axe.

zerointeger

zerointeger

Roy, UT
August 2008

NOV 13, 2008 03:34 PM

I would not want that job but I am glad I saw this article. It makes me feel un-isolated about the non biased principles that have been taking place within the DOJ, the FBI and other law enforcement agencies playing judge, jury and executioner without any regards to what it means for them to have to serve within the same confines of the law they swore to uphold.

I actually filed charges against some clowns but it was brushed aside because of the very idiots you are talking about.

I love this country but the DOJ, in part due to the tough nature of the shit they wade through everyday, become somewhat complacent when it comes to the need to prosecute their own if they step outside the law.

With that there is no justice, no America... It takes all 3 branches being impartial to its citizens regardless of race, religion or lifestyle to function correctly.

I am not perfect and I can accept mistakes, but if you lie cheat and steal (in this case our civil liberties, our freedom of speech, our right to assemble, etc. etc.) to keep those mistakes quiet, the fundamental idea of Democracy is undermined.

Keith

Keith

Oklahoma City, OK
August 2002

NOV 13, 2008 04:09 PM

I wish there was a way to coherently explain just how badly Bush and Cheney have fucked this country's government up for the last eight years in a concise way that every person in the country could understand, because it's literally top to bottom. No matter whether you personally lean liberal or conservative, these guys ran the worst, most dishonest, incompetent, self-centered, partisan, criminal administration in modern history, with absolutely no respect for any law, tradition, or article of the constitution that got in their way.

How is anything that Bush did "conservative"?


sick

sick

Minneapolis, MN
June 2003

NOV 13, 2008 05:40 PM

_kungfoo_ said:

Kouvre said:
Let's say he does great over his first term with undoing Bush horseshit and gets reelected. Would it be asking too much to dissolve the Department of Homeland Security and merge its duties with the Department of Defense? You know, since Homeland Security is just a bureaucratic way to say "Defense" anyway?



How about we keep the DHS and change the name of the DoD to the Department of the Military or something simlair. I'm not at all convinced that the creation of the DHS has necessarily been a bad thing--having incompetents running it: yes--but not in theory. Why should the military be in charge of civilian police organizations?



The Ministry of Peace?

But I agree; I'm not a big fan of the military being in charge of civilian organizations.

Though I suppose I really just want it to be done competently.

Anyway, in respect to Obama cleaning out the DoJ, would the dismissals be on partisan grounds, and we'd more or less be back where we started? Although I suspect the people hired under previous policy will give plenty of reasons to be fired for incompetence.

Otoki

Otoki

SUICIDEGIRL

Minnesota, USA

NOV 15, 2008 01:13 PM

I'm excited.

Tiger_Fodder

Tiger_Fodder

Braintree, MA
June 2007

NOV 15, 2008 01:21 PM

Gut it, baby!

asbestosman

asbestosman

Australia
October 2005

NOV 17, 2008 03:51 AM

Valeyard said:
I helped "hire" Obama BECAUSE I am willing to believe that he can clean up the mess. When he is inaugurated into office I think his careful deliberation on these many issues will have payed off and we'll have a set of carefully crafted decisions that not only clean up the mess, but do it in a way that heals the great divides that fragment the nation and the government.



I admire your optimism.

Alfaduetto

Alfaduetto

Greeneville, TN
May 2004

NOV 17, 2008 07:35 PM

All of the cabinet departments need a long hard look, none are remotely effective right now. No need to get in a big hurry and create a counter-mess, most of what we have was the result of knee-jerk reactions based on bad information.