January 17, 2009
THEY DON'T HAVE TO GO HOME, BUT THEY CAN'T STAY THERE.... As we learned in quite a bit of detail a couple of years ago, U.S. Attorneys serve at the pleasure of the president, and leave their posts when the White House changes hands.
But Scott Horton reports that there are two controversial prosecutors, known for being loyal Bushies, who are aware of the process, but don't want to leave.
Two U.S. attorneys appointed by Dubya are refusing to leave the Justice Department when Obama takes office. Their explanation: they've got too many corrupt Democrats to prosecute!
An internal report issued this week by the Justice Department brought attention to the Bush Administration's efforts to "burrow" partisan ideologues deep in career civil service positions at the department. But even a few of Bush's political appointees at Justice are giving the new Obama administration trouble. Though their lease may technically run out on January 20, U.S. Attorneys Mary Beth Buchanan of Pittsburgh and Alice Martin of Birmingham are resolved to stay in their posts. The Daily Beast has learned that both are arguing to the Obama transition team that their efforts to convict Democrats should guarantee them an extended stay into the Obama presidency. [...]
Buchanan and Martin seem to be bucking for a fight. Do they want to be fired? So far, it looks like they're daring Obama to fire them. The fireworks may last beyond Inauguration Day.
I'm certainly aware of Obama's willingness to cooperate and engage with Republicans, but these two really have to go. Mary Beth Buchanan has been accused, repeatedly, of being one of the more blatantly partisan prosecutors in the country, and using her post to launch politically-motivated investigations. As Faiz noted about a month ago, Buchanan not only brought dubious charges against Democrats while overlooking Republican wrongdoing, she also hired Monica Goodling and spoke with Kyle Sampson about some of the prosecutors who were ultimately fired in the 2006 purge scandal.
As for Alice Martin, she was not only responsible for the Don Siegelman prosecution, but has also "been the subject of repeated investigations by Congress and the Justice Department's ethics office, several of which are still pending. In the course of the last year, Martin has undertaken sweeping investigations targeting a large part of the state's Democratic legislators and the Democratic mayor and city administration in Birmingham. She manages these cases in close collaboration with friendly Republican oriented media, which usually feature detailed accounts of her investigations and her proposed proof as the investigations conclude and arrests are undertaken."
Horton noted that Buchanan and Martin "appear girded to make a last stand like Japanese soldiers who never got word that the war was over." That just won't do. They don't have to go home, but they can't stay there.
—Steve Benen 11:35 AM
Permalink
| Trackbacks
| Comments (29)
fired, hell. they should be disbarred.
Posted by: mellowjohn on January 17, 2009 at 11:41 AM | PERMALINK
Oh, Al, where are you? Please report for duty and tell us, once again, how they serve at the pleasure of the President.
Posted by: berttheclock on January 17, 2009 at 11:50 AM | PERMALINK
Sounds like to me that Buchanan and Martin need what could be called a prayer meeting. They get down on their knees with their new boss and they "pray" together over their future.
In the light of what could be prosecutable offenses, they might well be led by the spirit to resign and lawyer up.
Posted by: LJ on January 17, 2009 at 11:58 AM | PERMALINK
Someone, explain to me again why Bush adminstration crimes should not be investigated and prosecuted to the full extent of the law.
Posted by: Winknandanod on January 17, 2009 at 12:04 PM | PERMALINK
I say, let them stay-on and give them a windowless office in the corner of the building and absolutely nothing to do. No computer, no access to the network and no clearance to accesses it. Then politely ask them to run for coffee every-so-often. Tell them they are welcomed to stay as long as they wish.
Then begin investigations on their malfeasance. What fun.
Posted by: stevio on January 17, 2009 at 12:06 PM | PERMALINK
Be prepared for your head to explode as these two and the rightwing noise machine make the following argument after they are canned.
Obama's decision to ask for the resignation of Buchanan and Martin and thereby disrupt their partisan witch hunt is evidence of Obama's politicization of the DOJ.
Posted by: rege on January 17, 2009 at 12:10 PM | PERMALINK
You say, "Mary Beth Buchanan has been accused, repeatedly, of being one of the more blatantly partisan prosecutors in the country"
Steve, you recently ridiculed Dana Perino for making a similar argument:
WHEN THE QUESTION PROVIDES THE ANSWER... When asked if she perceived a bias in the media against the president, [Dana Perino] said, "I don't think I would always be asked about my feelings about liberal bias in the media, if there wasn't any liberal bias in the media."
[Steve Benen:] Got it. As Perino sees it, there must be something to the premise of the question if the question is asked all the time. If there was no bias, the argument goes, the question wouldn't come up.
Posted by: anonymous on January 17, 2009 at 12:12 PM | PERMALINK
But, Mary Beth did keep us safe from the likes of Tommy Chong.
Check out Mary Beth's refusal to go after Rick Santorum, but, crusaded against minor Democratic officials for trivialities. A zealot of the worst kind, who loves to pick on underfunded defendants, so she can obtain plea bargins and pad her, less than stellar, prosecutorial record.
Posted by: berttheclock on January 17, 2009 at 12:26 PM | PERMALINK
How dare they have the temerity to pursue corrupt Democraps (redundant).. Obama (blessed be his name) will soon correct this!
Posted by: fred t on January 17, 2009 at 12:30 PM | PERMALINK
There's no question that Alice Martin in Alabama is a partisan hack who has made some dubious prosecutions since she was made US attorney (especially the Siegelman case), but don't lump all those prosecutions of Democrats together as simply partisan attacks. Larry Langford, the mayor of Birmingham, along with Blount and LaPierre are just plain crooks who should be prosecuted no matter who's the US Attorney.
Posted by: orogeny on January 17, 2009 at 12:35 PM | PERMALINK
I would add the names Patrick Fitzgerald and Greg Fouratt (NM - the Bill Richardson/CDR investigation) to the list. There are plenty of career staffers that can continue the investigations, and if appropriate, get something done. The US Attorneys are merely office managers. And replacements don't have to be loyal partisans. The problem with people like fred t is that he can't imagine a world with three choices.
Posted by: Danp on January 17, 2009 at 12:38 PM | PERMALINK
Buchanan and Martin "appear girded to make a last stand like Japanese soldiers who never got word that the war was over."
Tell them to go---and when they don't, have them each arrested for impersonating a federal law enforcement official. That's a felony---and a felony conviction is automatic grounds for disbarment.
Now, as to the greater issue of burrowed Bushies---they're clearly incompetent, and their appointments in unison seem an organized effort to impede the lawful functions of the duly-elected government of the United States.
"Organized"---can you say "RICOH," boys and girls?
Good. I knew you could.
Another good way to get rid of burrowed partisan hacks is to document that the individuals-in-question are not qualified to perform their jobs, and that they are taking wages for jobs that they are not performing to specification. It's called "theft of wages," and is automatic grounds for dismissals---even from "protected" CS positions....
Posted by: Steve W. on January 17, 2009 at 1:04 PM | PERMALINK
The politically smart thing to do would be for Obama to kick them to the curb and appoint two non-corrupt Patrick Fitzgerald-style Republican prosecutors who's willing to enforce the law in a nonpartisan way.
Posted by: jonp72 on January 17, 2009 at 1:07 PM | PERMALINK
anonymous first you haven't got the balls to use a decent fake moniker. Second try and make some kind of sense when posting a comment. The position of village idiot is already taken here by Al.
Posted by: Gandalf on January 17, 2009 at 1:09 PM | PERMALINK
I'd let them stay on and file criminal charges against them. Then inform them that the charges could be dropped if they resign quietly. As long as they understand that the price for staying on is disbarment, they shouldn't cause too much trouble.
Posted by: fostert on January 17, 2009 at 1:18 PM | PERMALINK
Could they be transferred within DoJ? They could be assigned as legal attaches to some malaria-infested, revolution-torn 4th world country. Probably can't transfer them, though.
Here's an idea. Assign them as special prosecutors. Have them investigate and prosecute each other. Whoever wins, keeps her job.
Posted by: Tim H on January 17, 2009 at 1:31 PM | PERMALINK
it's a coldly calculated bluff. They expect to be fired, so now they can make the claim that they were thisclose to bringing down the whole damned Democratic party so Obama silenced them. Martyrs for the cause! What conservative law firm WOULDN'T want to hire lawyers that dogges in such a partisan pursuit?
But it's also a softball pitch aimed right at Obama's claim of bipartisanship. If he's really looking to have the most qualified people in government regardless of ideology, he'll keep them on (even if they're wholly unqualified when compared to qualified people).
Posted by: slappy magoo on January 17, 2009 at 1:41 PM | PERMALINK
Slappy magoo..that's my feelings exactly. Not only that, if Obama fires them, Republicans can use that to dilute the real issue of Bush's firing of U.S. Attorneys.
Posted by: JWK on January 17, 2009 at 2:42 PM | PERMALINK
Reassign them to Afghanistan to help reorganize the Taliban judicial system. Kabul needs prosecutors, and Mary Beth wouldn't have to wear a burkah if she didn't feel comfortable in it.
Posted by: melior on January 17, 2009 at 2:57 PM | PERMALINK
These people have no choice in the matter. They are in no position to "refuse to leave." Bottom line is that they can choose to either resign, as requested, or be fired. That is their "choice." What enormous hubris and arrogance to think differently!
Posted by: impeachcheneythenbush on January 17, 2009 at 4:14 PM | PERMALINK
Well, now we know where the DoJ internal investigations will start.
Right with these two clowns.
Posted by: Glen on January 17, 2009 at 5:14 PM | PERMALINK
I think they represent an opportunity.
They could be brought before an internal investigation, IG like, and questioned under oath about their activities and who gave them which orders. When they refuse to answer or perjure themselves, they could be fired for cause and discipline charged brought before the bar.
I suspect both of them have a lot of useful information about politicization of the DOJ and perhaps about Rove, Cheney, Fredo etc.
Posted by: marc sobel on January 17, 2009 at 5:29 PM | PERMALINK
slappy magoo: "it's a coldly calculated bluff. They expect to be fired, so now they can make the claim that they were thisclose to bringing down the whole damned Democratic party so Obama silenced them. Martyrs for the cause! What conservative law firm WOULDN'T want to hire lawyers that dogges in such a partisan pursuit?
But it's also a softball pitch aimed right at Obama's claim of bipartisanship. If he's really looking to have the most qualified people in government regardless of ideology, he'll keep them on (even if they're wholly unqualified when compared to qualified people)."
I wouldn't be surprised if every word of that is true. But if that's what they're really up to, there are two major problems with it. First, Obama really isn't that stupid; and second, that kind of martyr complex thinking crashed and burned back in November.
The entire GOP case against Obama and for McCain was about such blatant partisanship. They hit Wright, Ayers, the alleged "Whitey" tape, and on and on and on. And they lost their collective ass. There are a fair minority of Americans who are still falling for that nonsense, but the fact that they're a minority is one of the big reasons why Obama won.
Another big reason is that Obama really is very smart. He knows how to make political operations work. That's why he was able to come from behind during the democratic primary, and how he was able to run rings around McCain. I'm really not worried about Obama being canny enough to take care of this pair of worthless jokers.
Posted by: Shade Tail on January 17, 2009 at 6:33 PM | PERMALINK
What slappy said. In addition, it's designed to delegitimize the investigation into the Bushco U.S. attorneys' firings by throwing sand into the not-paying-attention public's eyes with a false equivalency.
Steve W.: Again, it's RICO. RICOH means something else entirely.
Posted by: shortstop on January 17, 2009 at 7:37 PM | PERMALINK
RICOH means something else entirely.
True, but we see the same crap over and over from these people so much that both fit.
Posted by: spot check billy on January 17, 2009 at 11:02 PM | PERMALINK
send them to gitmo cells.
Posted by: texastom on January 17, 2009 at 11:21 PM | PERMALINK
Hm. Are we sure Obama won't find some third way to keep from having an awkward moment of confrontation with them? Some kind of post-partisan, non-partisan, bi-partisan resolution to the unpleasantness brought about by old politics of both sides? (Republicans attacking Dems; Dems whimpering and going along with it to show they're not partisan)
I mean, he does seem intent on playing nice with a surprising number of people who don't play nice with Democrats.
(I'd add a disclaimer, but hell, it's true. Bicker amongst yourselves about the reasons if you'd like.)
Posted by: Chris on January 17, 2009 at 11:36 PM | PERMALINK
shade tail, my apologies, I wasn't as clear as I hoped. While I do believe what I wrote is their game plan, that doesn't mean I think they'll succeed. On further thought, My gut feeling is that there's already a file on each of their improprieties as long as my arm, and someone close to Obama will call each of them aside, and explain that yes, they can make the claim that they deserve to keep their jobs. Obama will keep them on. And within 2 months the file will be made public. Disbarment, if they're lucky. But chances are there's evidence of tampering with evidence & collusion that'll guarantee these 2 dinderheads prison time. Just because they're lawyers doesn't mean they're smart, like most Bush appointees, they're the types to assume their job titles & connections will daunt anyone from peering too close & proving the toys in their attic all have lead-based paint.
By the time they're dressed down in private...well, I've no idea what their relationsip statuses are, but ifthey don't have families, they'll BUY families in order to retire and honestly say they've decided to "spend more time" with 'em. My honest prediction is that by years's end, they'll either never practice
law again, just some consulting stuff or corporate law in-the-shadows stuff where their improprieties never see the light of day, OR, if they do ever set foot in a courtroom again as lawyers & not defendants, it'll decidedly be small potatoes stuff. Best case for them: on-air consuting correspondent status at you-know-where. They do like to care of their own over there. It's like Skull & Bones for idiots.
Posted by: slappy magoo on January 18, 2009 at 12:05 AM | PERMALINK
This is obviously a strategy. They will be fired and will report immediately to Fox News as a part of Manufactured Scandal inc. They should be fired for being part of the most corrupt DoJ team ever assembled. It is the Blago syndrome. They are tainted by their closeness to the crime. And the fact they are incompetent and probably criminal themselves--hiring Goodling over qualified applicants was a crime for example.
Posted by: Sparko on January 18, 2009 at 2:09 AM | PERMALINK