Justice Department (3/13/2007)

Is there any justice in the U.S. Justice Department? Two major issues are deeply troubling—domestic surveillance and the firing of United States attorneys. Here’s the background.

First, despite President Bush’s early denials, his administration did, in fact, illegally wiretap American citizens. The Foreign Intelligence Surveillance Act, or FISA, requires a special court’s approval; but Bush’s people ignored the court and did all the domestic spying they wanted. U. S. Attorney General Alberto Gonzales defended their actions. He cited homeland security and the need for secrecy and speed, even though the FISA court does speedily grant the necessary warrants. Gonzales used his position to defend Bush’s illegal acts instead of upholding the law.

The newly-elected Democratic Congress demanded answers. Gonzales finally retreated and said that the White House will now seek FISA court permission. He testified that the administration has worked out an eavesdropping agreement with the court. But since the court works in secret, the public still does not know if Bush complies with the law. The FISA court is willing to release the agreement with the White House, but Gonzales refuses to disclose it and opposes any revealing legislation. When Senator Charles Schumer asked Gonzales for some idea of the breadth of these warrants, the answer was: “What I can tell you Senator is that they meet the legal requirements under FISA.” And, no one has explained why the White House did not seek the court’s approval in the first place. The Bushies say “trust us,” but clearly there are reasons not to; here’s another one.

The recent dismissal of at least eight outstanding U.S. attorneys smacks of blatant partisanship, cronyism, and, worse, corruption. A January New York Times editorial says, “In this secretive purge of key United States attorneys, the Bush administration is needlessly giving comfort to any number of individuals now under federal investigation.” U.S. Attorney Carol Lam of San Diego was ousted, despite her high evaluations. She had prosecuted former Republican congressman Randy Cunningham, notorious for taking more than $2.4 million in bribes. She’d indicted Kyle Dustin Foggo, the former number 3 CIA official, in a defense-contracting scandal, which could still drag in other officials. She began an investigation of Republican Representative Jerry Lewis’s federal contracts to big campaign donors. H.E. Cummins of Little Rock was replaced by J. Timothy Griffin, who has little legal experience but was a Karl Rove deputy and opposition research director for the Republican National Committee. Five others forced out are: Margaret Chiara of Grand Rapids, Michigan, Paul Charlton of Phoenix, David Iglesias of New Mexico, John McKay of Seattle, and Daniel Bogden of Nevada. All had excellent records, but were given no reasons for their dismissal and were threatened with retaliation if they spoke out.

Firing so many prosecutors midway in an administration is suspect. Gonzales won’t tell congress how many more prosecutors were asked to resign, and denies that any were removed for political reasons. Columnist Paul Krugman calls the purge of U.S. attorneys a pre-emptive strike against the gathering forces of justice. The Patriot Act allows the president to appoint interim U.S. attorneys for an indefinite period without Senate confirmation. Clearly the administration worries about where corruption investigations might lead.

With illegal domestic spying and the dumping of good attorneys, can we really expect any justice from this Justice Department?

- Judith Kohler

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