No Comment — July 9, 2007, 3:05 am

Department of Injustice

Since I started chronicling the disintegration of the Department of Justice under Alberto Gonzales, I have been contacted by a number of career DOJ lawyers. On occasion they have had corrections to offer on one point or another. But none of them have criticized the tone or orientation of my critiques – to the contrary, the message they keep sending me is to “please keep it up.” And in today’s Denver Post a career DOJ lawyer, John Koppel, has written a piece they pretty much reflects the tone of most of the messages I have gotten. Here’s a sliver, but I recommend reading the whole thing.

As a longtime attorney at the U.S. Department of Justice, I can honestly say that I have never been as ashamed of the department and government that I serve as I am at this time. The public record now plainly demonstrates that both the DOJ and the government as a whole have been thoroughly politicized in a manner that is inappropriate, unethical and indeed unlawful. The unconscionable commutation of I. Lewis “Scooter” Libby’s sentence, the misuse of warrantless investigative powers under the Patriot Act and the deplorable treatment of U.S. attorneys all point to an unmistakable pattern of abuse.

In the course of its tenure since the Sept. 11 attacks, the Bush administration has turned the entire government (and the DOJ in particular) into a veritable Augean stable on issues such as civil rights, civil liberties, international law and basic human rights, as well as criminal prosecution and federal employment and contracting practices. It has systematically undermined the rule of law in the name of fighting terrorism, and it has sought to insulate its actions from legislative or judicial scrutiny and accountability by invoking national security at every turn, engaging in persistent fearmongering, routinely impugning the integrity and/or patriotism of its critics, and protecting its own lawbreakers. This is neither normal government conduct nor “politics as usual,” but a national disgrace of a magnitude unseen since the days of Watergate – which, in fact, I believe it eclipses.

In more than a quarter of a century at the DOJ, I have never before seen such consistent and marked disrespect on the part of the highest ranking government policymakers for both law and ethics. It is especially unheard of for U.S. attorneys to be targeted and removed on the basis of pressure and complaints from political figures dissatisfied with their handling of politically sensitive investigations and their unwillingness to “play ball.” Enough information has already been disclosed to support the conclusion that this is exactly what happened here, at least in the case of former U.S. Attorney David C. Iglesias of New Mexico (and quite possibly in several others as well). Law enforcement is not supposed to be a political team sport, and prosecutorial independence and integrity are not “performance problems.”

Alberto Gonzales and Paul J. McNulty, among others, constantly try to hide behind their career employees, saying that criticism of DOJ hurts them. Of all the outrageous whoppers they’ve uttered, this is the prize-winner. There are many outstanding civil servants at the Department of Justice today, and most of them are in a state of anguish and disgust over what this administration has done to what was once one of our most revered institutions. There is only one course of action for Americans who believe in our Constitution and traditions, and that is to vent rage over the way the Justice Department is being corrupted. Nothing is more important to any society than a sense of Justice. Alberto Gonzales and George Bush have none. The gross wrongs they have done in the name of Justice need to be fully exposed and cured. There is nothing more pressing on America’s domestic agenda.

As Alexander Hamilton wrote (see today’s quote), a firm commitment to the rule of law, and derivative of that, to the Constitution, is the greatest source of security our Republic has. It is vastly more important than daisy-cutter bombs and color-coded security warnings. It is our lifeline. And right now, our Republic is drowning.

Share
Single Page

More from Scott Horton:

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

From the April 2015 issue

Company Men

Torture, treachery, and the CIA

Six Questions October 18, 2014, 8:00 pm

The APA Grapples with Its Torture Demons: Six Questions for Nathaniel Raymond

Nathaniel Raymond on CIA interrogation techniques.

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

February 2016

Isn’t It Romantic?

= Subscribers only.
Sign in here.
Subscribe here.

The Trusted Traveler

= Subscribers only.
Sign in here.
Subscribe here.

The Trouble with Iowa

The Queen and I

Disunified Front

= Subscribers only.
Sign in here.
Subscribe here.

We Don’t Have Rights, But We Are Alive

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Isn’t It Romantic?·

= Subscribers only.
Sign in here.
Subscribe here.

“He had paid for much of her schooling, something he cannot help but mention, since the aftermath of any failed relationship brings an ungenerous and impossible impulse to claw back one’s misspent resources.”
Illustration by Shonagh Rae
Article
The Trouble with Iowa·

= Subscribers only.
Sign in here.
Subscribe here.

“It seems to defy reason that this anachronistic farm state — a demographic outlier, with no major cities and just 3 million people, nine out of ten of them white — should play such an outsized role in American politics.”
Photograph (detail) © Justin Sullivan/Getty Images
Article
Rule, Britannica·

= Subscribers only.
Sign in here.
Subscribe here.

“This is the strange magic of an arrangement of all the world’s knowledge in alphabetical order: any search for anything passes through things that have nothing in common with it but an initial letter.”
Artwork by Brian Dettmer. Courtesy the artist and P.P.O.W., New York City.
Article
The Queen and I·

= Subscribers only.
Sign in here.
Subscribe here.

“Buckingham Palace is a theater in need of renovation. There is something pathetic about a fiercely vacuumed throne room. The plants are tired. Plastic is nailed to walls and mirrors. The ballroom is set for a ghostly banquet. Everyone is whispering, for we are in a mad kind of church. A child weeps.”
Photograph (detail) © Martin Parr/Magnum Photos
Article
We Don’t Have Rights, But We Are Alive·

= Subscribers only.
Sign in here.
Subscribe here.

“If I really wanted to learn about the Islamic State, Hassan told me, I ought to speak to his friend Samir, a young gay soldier in the Syrian Army who’d been fighting jihadis intermittently for the past four years.”
Photograph (detail) by Anwar Amro/AFP/Getty

Estimated number of American senior citizens who played tackle football last year:

47,000

An island of fairy penguins was successfully defended against foxes and feral dogs by Maremma sheepdogs.

In Turlock, California, nearly 3,500 samples of bull semen were stolen from the back of a truck.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Two Christmas Mornings of the Great War

By

Civilization masks us with a screen, from ourselves and from one another, with thin depth of unreality. We habitually live — do we not? — in a world self-created, half established, of false values arbitrarily upheld, largely inspired by misconception, misapprehension, wrong perspective, and defective proportion, misapplication.

Subscribe Today