Or:
Removal and replacement of TITS (Thorn-In-The-Side) Federal Prosecutors:
Several months ago (before the mid-term elections) it could be argued that the last obstacle to unchecked presidential power and corruption was the courts (it still may be).
Congress had been paralyzed since 9-11 and the administration effectively had the mainstream media under control (whether through simple fear or moderate cash payments). So why wouldn’t they assume that with the Attorney General practically sharing a bed with Dick Cheney (what a picture!), and the senate bending on Supreme Court confirmations (like an old hooker during fleet week!), control of the Judicial branch would be just as simple?
Yet, the federal court system continued to be a hinderance. More often than not, the Bushies found the courts ruling against their trampling of the constitution. Worse yet, government attorneys were exposing and prosecuting corruption in their republican cronies – corruption that in many cases had ties to the upper levels of the administration or the Republican party.
In Alberto Gonzales’ latest advancement of his CEXPPUC program (colossal-effort to expand-presidential-power-and-usurp-the-constitution), also known as ‘authoritarianism,’ the slimiest lawyer in history launched a quiet end-run around a process that has traditionally been a safeguard against political abuse.
The main job of U.S. Attorneys is to prosecute federal crimes in their judicial districts. Though appointed by the president, the appointment is made through the advice of lawmakers in the district as well as confirmation by the full U.S. Senate.
Because they need to police the politicians, these attorneys are non-partisan (in theory) and are granted a significant degree of independence from their bosses in Washington (including the Attorney General). It was difficult to replace an honest, independent prosecutor who may have been a ‘thorn-in-the-side,’ because (according to law) if there was a midterm vacancy, the replacement would be appointed by federal circuit judges rather than the president.
Until the Patriot act II passed in late 2005.
The giant bill included an un-noticed provision, slipped in at the 11th hour, that permitted the White House to place its own appointees in vacant U.S. attorney positions permanently without Senate confirmation. This provision was claimed to have been slipped in by an aide to Sen. Arlen Specter (unbeknownst to the Senator himself, who was the author of the bill!).
One could argue this was the work of a lone agitator and not part of an organized effort, if not for Alberto Gonzales entering into the story in his typically insidious manner…
Gonzales quietly forced the resignation of at least nine U.S Attorneys in various districts across the country…What they had in common was honor, integrity, and a willingness to scrutinize republican politicians, some resulting in the largest corruption scandals in US history. As if to advertise their intentions, they then replaced them with absolute Bush cronies.
There was Carol Lam, targeting local corruption in her San Diego region, and most recently nailing congressman Randy “Duke” Cunningham on conspiracy and tax evasion charges involving more than $2.4 million in bribes from defense contractors. According to US News & World Report, the continuing investigation is likely to lead to high officials in the Central Intelligence Agency, the Pentagon, the Congress, and perhaps even the White House.
There was also Bud Cummings (AR), who worked with Lam on the Cunningham case, replaced by a former RNC researcher and Karl Rove assistant. Others included Kevin Ryan (CA), specializing in white collar crime and securities fraud, Daniel Bogden (NV), convicting for Campaign law violations, and David C. Iglesias (NM), exposing State treasury officials involved in extortion.
When the firings were exposed, the administration scoffed at the idea that there was political motivation; The Justice department claimed that the firings were related to job performance.
Yet, most of the lawyers say they were not aware of any problems with their work, and one, who was ‘ordered’ to resign, plans to go public with documentation of his accomplishments while in office.
Various local papers, as well as the Washington Post, expressed doubt about the administration claims. The Post found that 6 out of 7 of the lawyers had positive job evaluations from their superiors. Worse yet, they report that Michael A. Battle, the Justice Department official who made the ominous call to at least six prosecutors, told some that the order came from “on high.”
So it seems that these appointments, which would have been impossible or illegal a year ago, are shamelessly political.
The Senate Judiciary Committee voted three weeks ago to restore appointment power in such cases to Federal Judges.
But it will go to Congress this month, where it is (surprise!) expected to face opposition from Republicans.