The current brouhaha over the politically-motivated firing of several United States attorneys continues to unfold. Today’s New York Times has a story that details how “the White House was deeply involved in the decision late last year to dismiss federal prosecutors, including some who had been criticized by Republican lawmakers.” This latest revelation is hardly a surprise, given that all roads in Washington seem to lead to the White House and, particularly, to the office door of Karl Rove, senior advisor to the President. Mr. Rove has already acknowledged, albeit minimally, some involvement in the purge.
Also not surprising is the White House’s continued defense of the firings. In the Times report, a spokeswoman is quoted as saying: “We continue to believe that the decision to remove and replace U.S. attorneys who serve at the pleasure of the president was perfectly appropriate and within our discretion.” While the appropriateness of the decision seems more than a little questionable, it is difficult to deny that such action is, indeed, at the discretion of the White House and Justice Department. In short, no laws appear to have been broken by dismissing the U.S. attorneys. So why the big stink?
Perhaps it has something to do with the Democrats assuming control of Congress. After 6 years of residing downwind of the steaming pile of elephant dung that has been the White House and having the majority party deny the stink and proclaim it smelled like roses, it is finally permissible to acknowledge the stench in the room. In so doing, Congress has naturally taken note of what lies atop the dung heap, the purge of U.S. attorneys. The firings may not be illegal, but they certainly appear unwarranted and unethical. They also seem so wantonly motivated by partisan politics as to seriously jeopardize prosecutorial independence. Congress is right to take the Bush administration to task here.
But the firings are just the tip of the dung heap—and not all that noxious when compared to all the other immoral and illegal actions perpetrated by this White House (e.g., the invasion of Iraq, torture and indefinite detention of “enemy combatants,” extraordinary rendition, warrantless eavesdropping, presidential signing statements, et al.). Congress must not lose sight of the dung that lies beneath, which also—perhaps even more so—deserves to be investigated and remedied, even if there is less bipartisan support for such. By all means, they should thoroughly examine the purge of U.S. attorneys and take Alberto Gonzales, Karl Rove, and any other culpable parties out back of the woodshed for a spanking. But it would heap wrong upon wrong to play it safe and get so caught up in the misdemeanors that the felonies remain unprosecuted.
I agree. Daniel Crane, a former high official in the Department of Defense and a Chief Prosecutor for the UN Special Court for Sierra Leone, has a piece at The Jurist that argues for total new leadership at the Justice Department and the FBI.
Here is a link to the article:
http://jurist.law.pitt.edu/forumy/2007/03/no-one-is-above-law-new-doj-leadership.php