I put Middle Earth Journal in hiatus in May of 2008 and moved to Newshoggers.
I temporarily reopened Middle Earth Journal when Newshoggers shut it's doors but I was invited to Participate at The Moderate Voice so Middle Earth Journal is once again in hiatus.

Friday, March 09, 2007

What about the Prosecutors......

.....that weren't dismissed?
The Bush administration has decided not to fight:
Gonzales Yields On Hiring Interim U.S. Attorneys
Attorney General Alberto R. Gonzales agreed yesterday to change the way U.S. attorneys can be replaced, a reversal in administration policy that came after he was browbeaten by members of the Senate Judiciary Committee still angry over the controversial firings of eight federal prosecutors.

Gonzales told Sen. Patrick J. Leahy (D-Vt.) and other senior members of the committee that the administration will no longer oppose legislation limiting the attorney general's power to appoint interim prosecutors. Gonzales also agreed to allow the committee to interview five top-level Justice Department officials as part of an ongoing Democratic-led probe into the firings, senators said after a tense, hour-long meeting in Leahy's office suite.
While we have been concentrating of the prosecutors who were fired Paul Krugman suggests we need to look at the prosecutors who weren't.
Department of Injustice
For those of us living in the Garden State, the growing scandal over the firing of federal prosecutors immediately brought to mind the subpoenas that Chris Christie, the former Bush “Pioneer” who is now the U.S. attorney for New Jersey, issued two months before the 2006 election — and the way news of the subpoenas was quickly leaked to local news media.

The subpoenas were issued in connection with allegations of corruption on the part of Senator Bob Menendez, a Democrat who seemed to be facing a close race at the time. Those allegations appeared, on their face, to be convoluted and unconvincing, and Mr. Menendez claimed that both the investigation and the leaks were politically motivated.

Mr. Christie’s actions might have been all aboveboard. But given what we’ve learned about the pressure placed on federal prosecutors to pursue dubious investigations of Democrats, Mr. Menendez’s claims of persecution now seem quite plausible.

In fact, it’s becoming clear that the politicization of the Justice Department was a key component of the Bush administration’s attempt to create a permanent Republican lock on power. Bear in mind that if Mr. Menendez had lost, the G.O.P. would still control the Senate.
Yes, we are hearing plenty about the Republican appointed Republican prosecutors who refused to go along but what about the rest?
The bigger scandal, however, almost surely involves prosecutors still in office. The Gonzales Eight were fired because they wouldn’t go along with the Bush administration’s politicization of justice. But statistical evidence suggests that many other prosecutors decided to protect their jobs or further their careers by doing what the administration wanted them to do: harass Democrats while turning a blind eye to Republican malfeasance.

Donald Shields and John Cragan, two professors of communication, have compiled a database of investigations and/or indictments of candidates and elected officials by U.S. attorneys since the Bush administration came to power. Of the 375 cases they identified, 10 involved independents, 67 involved Republicans, and 298 involved Democrats. The main source of this partisan tilt was a huge disparity in investigations of local politicians, in which Democrats were seven times as likely as Republicans to face Justice Department scrutiny.

How can this have been happening without a national uproar? The authors explain: “We believe that this tremendous disparity is politically motivated and it occurs because the local (non-statewide and non-Congressional) investigations occur under the radar of a diligent national press. Each instance is treated by a local beat reporter as an isolated case that is only of local interest.”

And let’s not forget that Karl Rove’s candidates have a history of benefiting from conveniently timed federal investigations. Last year Molly Ivins reminded her readers of a curious pattern during Mr. Rove’s time in Texas: “In election years, there always seemed to be an F.B.I. investigation of some sitting Democrat either announced or leaked to the press. After the election was over, the allegations often vanished.”
Rove's plans were not enough in 2006 and as Josh Marshall observed:
Lesson of the day: running the administration as a criminal enterprise is much harder when the opposition controls Congress.
Paul Krugman concludes with this:
Before the midterm election, I wrote that what the election was really about could be summed up in two words: subpoena power. Well, the Democrats now have that power, and the hearings on the prosecutor purge look like the shape of things to come.

In the months ahead, we’ll hear a lot about what’s really been going on these past six years. And I predict that we’ll learn about abuses of power that would have made Richard Nixon green with envy.
While the dismissal of the eight prosecutors is being investigated it shouldn't stop there. The actions of the prosecutors who weren't dismissed should be investigated as well.

The Carpetbagger Report asks the same question.

Update II
Josh Marshall and Digby weigh in. From Digby:
This little gambit has the mark of Rove all over it. The Arkansas crony was his little house boy. He even made the mistake of defending the decisions today and drawing himself into it publicly.

It's long past time for Bush Brain to testify before congress, don't you think?

(And why are the taxpayers still paying his salary? I don't think he has any more elections to steal. Isn't it time for him to spend some time with ihis family?)


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