Editore"s Note
Tilting at Windmills

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November 23, 2008

A MESS AT JUSTICE.... Dahlia Lithwick has a new piece exploring the mess Eric Holder is walking into as the next Attorney General. In the process, she summarizes the extent to which the "loyal Bushies" who've run the Justice Department over the last eight years have just trashed the place.

What Holder stands to inherit from Michael Mukasey and his predecessor Alberto Gonzales is not a Justice Department that was slightly confused about where the law began and politics ended. If confirmed, he will take over an institution where, at least in recent years, politics sometimes had no end. The department became fodder for late-night TV monologues in 2007 when former Attorney General Alberto Gonzales and his staff flimflammed their way through congressional hearings about the partisan firings of eight U.S. attorneys. Those independent prosecutors were let go for failing to be -- in the parlance of Gonzales' underage underlings -- "loyal Bushies." More than a dozen officials resigned in the wake of that scandal.

Things at Justice worsened with internal reports finding the department had hired career civil servants, law student interns, assistant U.S. attorneys, and even immigration judges based on their loyalty to the GOP. Secret memos produced by the department's Office of Legal Counsel authorized brutal interrogation techniques and warrantless government eavesdropping. The subordination of law enforcement to politics led to the flight of career attorneys in the department's Civil Rights Division and especially the Voting Section, where by 2007 reportedly between 55 percent to 60 percent had transferred or left the DoJ.

If the rot at Justice could have been cured by simply replacing Gonzales, the appointment of Michael Mukasey, a respected retired federal judge in 2007, might have been enough. It wasn't. To be sure, Mukasey said noble things about the evils of torture and made moves toward disentangling the department from the White House. But more often than not, Mukasey declined to lance the boil. He refused to call water-boarding torture. He insisted no crimes were committed when department officials violated civil service laws. And he criticized those seeking accountability for the architects of the administration's torture policy as "relentless," "hostile," and "unforgiving." Mukasey collapsed while giving a speech this past week, but thankfully the incident seems not to have been serious.

It's fair to say there isn't a single cabinet agency that's better now than when Bush took office -- better managed, better organized, more efficient, more competent -- but to see what the Bush gang has done to the Justice Department is practically a crime in and of itself.

In isolation, each of the controversies Lithwick mentions was an embarrassing scandal. Taken together, it's almost as if Bush and his team were trying to destroy the department.

Given what we know of Holder, he seems to have exactly the right skills and background to make the Justice Department function again. But before his clean-up work begins, let's pause to appreciate just what a fiasco the masters of disasters created here.

Steve Benen 10:50 AM Permalink | Trackbacks | Comments (26)
 
Comments

Yeah, but it could be worse. Had Bush v. Gore gone the other way in 2000, Justice O'Connor's replacement would have been picked by that dreadful Al Gore. That would have been a miscarriage of justice.

Thanks, Sandy!

Posted by: dr. bloor on November 23, 2008 at 10:55 AM | PERMALINK

No amount of chicanery, incompetence, or just bad manners should surprise us. After all, we voluntarily elected people with an avowed, ideological distaste for government, and for the federal government in particular. What did we expect from such people - some kind of new-found respect for the very institutions, agencies, and structures that they built their political careers tearing down?

As some wise person once said, people tend to get the governments they deserve. Well, we certainly did! Can we hope now that we are good enough to deserve a government that might actually work for us?

Posted by: Jack Lindahl on November 23, 2008 at 11:42 AM | PERMALINK

"masters of disasters"

I love it...thank you!

Posted by: bmoore on November 23, 2008 at 11:48 AM | PERMALINK

Sorry off-topic, but Lieberman just was interviewed on MTP by Brokaw and kept insisting he believed McCain was the better prepared choice. He acknowledged some regrets, but refused to say specifically what he regretted and refused to apology (Brokaw broached this).

Most notably, he failed throughout to wholeheartedly endorse or express any true faith in Obama's abilities. It was like a default sort of endorsement, very passive and nothing specific The only praise of Obama he mustered up was that seems to be holding no grudges and sees the importance of consensus--but Lieberman was even quicker to sing McCain's praises in this regard, again emphasizing McCain's dedication to put Country First.

Lieberman kept saying> "We need to come together to help Obama become a great president" --as though to imply he is still largely a work in progress that will need help.

As opposed to saying something more bold like "I think he will be a great President, and here's why...".

Lieberman also failed to indicate any gratitude like "I'm honored to be a part of this team and to work with this bright, capable man..."

In other words, Obama needs the likes of Lieberman to make him the great leader he (like McCain) he can only hope to be one day..

He also said nothing of how wonderful it is that America (maybe not him) looked beyond normal stereotypes and instead looked and saw a man of intellect and vision that clearly was inspiring.
That this historical choice moved him in any way.

Same schmuck as usual--very with-holding continuing (with detail) to defend his friend McCain and his choice in campaigning for him.

I wish Brokaw would have pressed him more with something like: Do you think he will be (as Powell said) a transformational figure?"

He criticized Brokaw for showing some footage of Lieberman making comments, but I noted Brokaw left out a lot of the worst stuff.

To Brokaw's benefit, he did confront Lieberman on not speaking out against some of the accusations Palin and others made. Lieberman denied this, said he did out some.

Posted by: we all need to help Obama become a great president sez Lieberman on November 23, 2008 at 11:57 AM | PERMALINK

Yes, in some god awful mixed metaphor, we will soon discover we are all Texas Rangers suffering from Mr. Bush's reign of terror. Oh what idiocy has been wrought upon us like a plague! What are the odds makers saying about future indictments and war crimes investigations? Will there be justice at justice?

And, remember to make your bumper-stickers:
Duck It's Dick or T'was Bush Who Wacked US! today.

In all sincerity, Pres.-elect Obama will have a Herculean task (or rather set of tasks) to disentangle the utter Anti-government, Anti-American webs these Liberty U. grads have been spinning upon us for the past 8 years. I will be with him, I believe, more than I will be against him, as I do hope he is what he speaks - a few cuts above politics as usual seeking common sense solutions to our nation's and the world's many struggles and problems. -Kevo

Posted by: kevo on November 23, 2008 at 11:57 AM | PERMALINK

another reason that the Bush adm. will go down in history as one of the worst ever ...

that it happened while we were all watching is scary ...

as for the first poster above, every harem has its eunuch ...

Posted by: sjw on November 23, 2008 at 12:03 PM | PERMALINK

Yeah, Sandy has to really be kicking herself. Bushie certainly showed his gratitude to her not only for Bush v Gore but also for giving him another vacancy by appointing Scalito, with whom Sandy had a bit of a running battle in opinions regarding abortion. Bad enough that Bush didn't replace her with a woman; worse still that he replaced her with someone she truly disliked.

Posted by: zeitgeist on November 23, 2008 at 12:30 PM | PERMALINK

Gobble gobble gobble

As bad as that list is...
Imagine the alternate universe where McCain wins, dies of some poison, and Palin takes over.
That would be like taking our whole damn country by the feet, and shoving its neck into some sort of whirling decapitation machine.

Posted by: [koreyel the turkey hunter] on November 23, 2008 at 12:35 PM | PERMALINK

The appointees will be gone, and the burrowers are not invisible. There is a paper trail of their appointee history with the department.

It would behoove the incoming AG and his/Obama's appointees to review the resumes and caseload history of the civil service staff. The loyal Bushies will stick out like a sore thumb.

I said this in a thread yesterday: The very people who have destroyed the integrity of the Justice Department, those who have turned it into the fundamentalist version of a soviet style politbureau, are a cancer that must be cut out of the body.

Bush wiped his butt with our Constitution, and these televangical university grads swarmed in to DC like locusts to do what they could to bring about judicial ruin and usher in Armageddon. Remember Monica Goodling's loyalty oath of office was to Bush and NOT to the Constitution. She wouldn't have gotten past first year law school in a reputable university with that frame of mind.

Get rid of these people ASAP. They are not critical thinkers, and have not proven they can win cases. In fact, the Bush DoJ has a dismal record of losing cases. A review of each DoJ employee's resume and case history by the incoming Obama appointees is warranted before anything else the Dept does.

Posted by: jcricket on November 23, 2008 at 12:38 PM | PERMALINK

to see what the Bush gang has done to the Justice Department is practically a crime in and of itself.

There's no "practically" about it.

As for trashing the place, I recommend Thomas Frank's The Wrecking Crew, if you haven't already read it. We are essentially talking about a group of people determined to overthrow the government of the United States. If that is hyperbole, then it is an exaggeration of effect, not intent.

Posted by: Roddy McCorley on November 23, 2008 at 12:38 PM | PERMALINK

"what the Bush gang has done to the Justice Department is practically a crime in and of itself."

"Practically?" Surely you meant to write "definitely."

Posted by: tedb on November 23, 2008 at 12:39 PM | PERMALINK

Lieberman just was interviewed on MTP
I saw a whipped and cowed senator who was trying to mainain a little self respect. He aknowleged that Obama bailed his butt but had not found the time to speak to him. He sounded the refrain made famous by Rodney King. (Can't we all just get along.)

Posted by: EC Sedgwick on November 23, 2008 at 12:59 PM | PERMALINK

On the plus side, things will be good in the shredder business!

Posted by: Mark on November 23, 2008 at 1:23 PM | PERMALINK

"In isolation, each of the controversies Lithwick mentions was an embarrassing scandal. Taken together, it's almost as if Bush and his team were trying to destroy the department."
======================

I'd honestly be inclined to leave out the word "almost." What would an administration that was trying to destroy DoJ have done differently?

Posted by: Ghost of Joe Liebling's Dog on November 23, 2008 at 1:27 PM | PERMALINK

"Mukasey collapsed while giving a speech this past week, but thankfully the incident seems not to have been serious."

And we are thankful for this torture and war crime supporter's recovery because?

Posted by: Mister Dott on November 23, 2008 at 1:40 PM | PERMALINK

to see what the Bush gang has done to the Justice Department is practically a crime in and of itself.

K.D. sounds like a Freudian slip. The mere act of seeing the crime, is a crime itself!

Posted by: bigTom on November 23, 2008 at 1:49 PM | PERMALINK

I am so sick of that cliche about people getting the government they deserve. At least half of us did NOT get the government we voted for (and "deserved") in 2000 and 2004, and God knows that people around the world barely living under horrifying dictatorships and cruelty don't have the government they "deserve" either. I would like to see this annoying cliche buried once and for all.

Posted by: Karen on November 23, 2008 at 1:50 PM | PERMALINK

Eric Holder is a horrid choice for AG. He was despised by many at the DOJ, especially many rank and file attorneys and employees. He is divisive, and is, shall we say, challenged at building esprit de corps that will be critical to restoration of the unity of purpose and intent throughout the entire personnel structure. The DOJ is much more that the few at the top. Napolitano should have been the choice for AG, she would have been light years better than Holder.

Will Holder be better policy wise than what we have had for the last eight years? Yes; but so would a small rodent. He is not the right person to rebuild the entire department. He will do okay. We needed somebody that be much better than that.

If you think Eric Holder is a "superb choice" you obviously are not an attorney that has dealt with the DOJ much (I have), if at all, and clearly are not one that has ever worked with or around Holder (several of my friends have). Likely you really have no idea and are listening to political types, when it is a legal consideration at heart.

Eric Holder is a pitiful choice.

Posted by: bmaz on November 23, 2008 at 1:59 PM | PERMALINK

I am so sick of that cliche about people getting the government they deserve.

I for one don't remember raping those nuns...

Posted by: Davis X. Machina on November 23, 2008 at 2:09 PM | PERMALINK

Oooh!! Oooh! But remember ....

The Clintonites stole all the W's off the keyboards!

So ...

That makes everything the Bushies did alright!

/fucking snark

Posted by: Sidewinder on November 23, 2008 at 2:25 PM | PERMALINK

"..it's almost as if Bush and his team were trying to destroy the department".

If you're not being coy, then you're naive. Anyone prepared to grant the benefit of a doubt to the political racketeers of the Bush administration (or the GOP across the board, for that matter) is a fool, pure and simple.

Posted by: JL on November 23, 2008 at 3:10 PM | PERMALINK

I'm really starting to hate messing with this comment section. Several times now, right in the middle of a comment, the political animal just disappears and I can't raise the comments section back up unless I shut down my browser and start anew. I really miss the carpetbagger site...it was arranged by experts apparently. Read an article and it is followed by comments to which you may post at the bottom of the section...simple. Not a new window which opens and closes at its convenience.

The DoJ is broken and its entire infrastructure compromised. "Country First" my ass...the GOP has been attempting this since Reagan...Justice has a price tag in America...it can't be bought but it can be owned. There should be 2 AGs appointed...one just to denazify while the other conducts the business of the department.

Steve says just the right man with the right qualifications for the job, about every Obama appointment.

I hope our New AG is angry and hostile over what he finds...as angry as we the people have been. I hope he arrests Rove just on principle and holds him in a federal prison until he decides on what charges to bring...barred from speaking to the press(just like Siegleman). Then take years to discuss just what charges to bring.

There is no justice for Bush...he's drinking heavily again and in a few years we'll hear of his untimely death. Nor will Cheney last much longer...not long enough for us to see justice done for his murderous crimes. But Rove is a different story. He'll soon be unable to hide anywhere except Fox News.

The DoJ is wrecked...totaled...shamed and we lost so many good employees. It cannot be saved 'as is' but it can be quarantined and weeded out...unless of course Obama continues to invite the dogs into the hen house by catering to republicans in order to prove some weird idea of fairness. These are republicans...they don't give a damn about what is good for the country only what is good for them and will do everything possible to make the dems fail...especially on health care and equal justice. Do what republicans want and your bipartisan, don't and you're not. Obama will say he is fair and inclusive...but not stupid, hehehee.

Posted by: joey on November 23, 2008 at 7:33 PM | PERMALINK

Of course the Loyal Bushies wanted to wreck the Justice Department; what criminals wouldn't want to undermine the police?

-Z

Posted by: Zorro on November 23, 2008 at 7:46 PM | PERMALINK

"...Eric Holder is a pitiful choice.
Posted by: bmaz on November 23, 2008 at 1:59 PM"

I don't know him but it seems there were so many more qualified and in tune with current conditions that this choice seems lame. Many of my friends were suggesting Nepolitano also. What about Feingold or at least someone up to speed on just what the Bushies have done to the DoJ. Seems Benen is reluctant to criticize anything coming from Obama.
Hell, even FDR told those supporting what was good for the country, "make me". Obama needs to know what his supporters really think instead of them all standing around being "yes men".

Already there is word out that Obama's team is going to be slow to repeal Bush's tax cuts. Every president elect should be held to scrutiny and carefully watched. Obama will hear on a daily basis what the GOP thinks and wants, what congress thinks and wants, but how often what the people who elected him think and want if we fail to make our voices heard. Who the hell is Eric Holder and out of all the people available...why him??? Republicans have vowed to block all judicial appointments if they are deemed "liberal" yet you can't be too conservative. Maybe that's how Eric fits in.

Posted by: bjobotts on November 23, 2008 at 8:01 PM | PERMALINK

...it's almost as if Bush and his team were trying to destroy the department.

Um, Steve, were you asleep when you wrote this? Or just for the last eight years?

Of course they were trying to destroy Justice -- along with every other executive department or agency that could stand in the way of plutocracy.

Posted by: Mike Treder on November 23, 2008 at 11:46 PM | PERMALINK

Brace yourself for the storm of outrage coming from the Right about Obama's politicizing of the Justice Department.

This will be dutifully echoed by the MSM who ignored the situation for the last eight years

Posted by: MikeN on November 24, 2008 at 3:55 AM | PERMALINK




 

 
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