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In my post on Monica Goodling’s testimony, I neglected to discuss one absolutely critical element: her statement that she had been deeply engaged in the process of appointing immigration judges. These appointments were not subject to the normal civil service process, Monica claims she was told by Kyle Sampson, Gonzales’s former chief of staff, who indicated that he had received advice to this effect from the Department’s Office of Legal Counsel. Today, the Justice Department has been quick to deny this, stating that there is no disagreement within the Department and that the rules are clear: immigration judges are subject to the civil service rules.
Why does this matter? The appointments record of Alberto Gonzales has already raised eyebrows. He has appointed some 50 of the total 226 immigration judges. To be blunt, he has appointed a wave of partisan figures whose only apparent qualification has been service in the electoral front trenches for the GOP. The Legal Times had already commented on his curiously political appointment practices:
Among the 19 immigration judges hired since 2004: Francis Cramer, the former campaign treasurer for New Hampshire Sen. Judd Gregg; James Nugent, the former vice chairman of the Louisiana Republican Party; and Chris Brisack, a former Republican Party county chairman from Texas who had served on the state library commission under then-Gov. George W. Bush.”
Dana Milbank has a typically sardonic review of the issue in this morning’s Washington Post. But don’t miss the post at Balkinization which explores the roots of the issue from a legal perspective. As Georgetown Law Professor Marty Lederman puts it:
Something is happening here, but we don’t know what it is. Goodling obviously knew that her conduct in this regard was dubious, and testified about it even though no one had raised any question about it previously, so as to ensure that her immunity would extend to this episode, as well.
This is, I believe, what has happened: the DOJ inspector general’s probe will no longer be able to avoid Alberto Gonzales himself, and his former chief of staff. Gonzales will not be able to evade responsibility for his partisan appointments and his radical politicization of the Justice Department with his curiously selective memory.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average amount of time a child spends in Santa Claus’s lap at Macy’s (in seconds):
Beer does not cause beer bellies.
Following the arrest of at least 10 clowns in Kentucky and Alabama, Tennesseans were warned that clowns could be “predators” and Pennsylvanians were advised not to interact with what one police chief described as “knuckleheads with clown-like clothes on.”
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”