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The Los Angeles Times reports that in the wake of disclosures of the political manipulation of prosecutions around the country that underlies the U.S. attorneys scandal, defendants in many cases are raising defenses based on political motivation and judges, who once swept such claims away, find it increasingly difficult to dismiss them.
Gonzales has defended the dismissals as justified for performance reasons, saying that some of the prosecutors failed to follow administration law-enforcement priorities. But Democrats say there is evidence that the dismissals were part of a Bush administration effort to affect investigations in public corruption and voting cases that would assist Republicans. The probe has also shown that politics may have played a role in the hiring of some career Justice employees, in possible violation of federal law.
The controversy has drained morale from U.S. attorney offices around the country. And now, legal experts and former Justice Department officials say, it is casting a shadow over the integrity of the department and its corps of career prosecutors in court. There has long been a presumption that, because they represented the Justice Department, prosecutors had no political agenda and their word could be trusted. But some legal experts say the controversy threatens to undermine their credibility.
“It provides defendants an opportunity to make an argument that would not have been made two years ago,” said Daniel J. French, a former U.S. attorney in Albany, N.Y. “It has a tremendously corrosive effect.”
Now don’t expect any quick fixes or efforts to clean up the Justice Department. As the Chicago Tribune explains in the prior item, Gonzales is planning to plow full steam ahead. It is actually likely to get a whole lot worse.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
Percentage increase in the annual number of polio cases in Pakistan since 2005:
A bowl of 4,000-year-old noodles was found in northwestern China; and a spokesman for the Chinese Academy of Sciences said that “this is the earliest empirical evidence of noodles ever found.”
A federal judge sentenced the journalist Barrett Brown to 63 months in prison for sharing a link to information stolen from the private-intelligence firm Stratfor by a hacker in 2011. “Good news!” Brown said in a statement. “They’re now going to send me to investigate the prison-industrial complex.”
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“I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.”