No Comment — September 10, 2007, 4:01 pm

Leura Canary’s Stonewalling is Exposed

Congressman Artur Davis has just issued a press release making clear for the first time that the Department of Justice is defying the House Judiciary Committee’s probe into misconduct in connection with the political prosecution of former Governor Don E. Siegelman. Davis is a former career prosecutor with the Middle District of Alabama, the office that handled the Siegelman prosecution, and he clearly has good insight into the skullduggery that has been practiced in that office. Here’s the text of the Davis statement:

On September 4, 2007, the Department of Justice informed the House Judiciary Committee that it would not honor the Committee’s request for internal documents related to the prosecution of Don Siegelman. In my opinion, the Department’s position is too broad and has no sound legal basis.

None of these documents implicate privacy concerns of any known individuals. There has already been an extensive public airing of the allegations around Siegelman and his alleged co-conspirators, and it strains credulity to think that the protection of Siegelman’s reputation is a concern of the Department. Nor is there any statutory provision that ensures the confidentiality of internal Department of Justice deliberations. To the contrary, as the committee’s official response points out, there are several recent precedents for the department divulging deliberative materials relating to allegations of misconduct by the department.

The Department’s ultimate claim is the kind of expansive executive privilege doctrine this Administration has advanced before. In my opinion, the executive branch’s interest in keeping its deliberations secret has some weight, but it is at its weakest outside the context of national security and it must be balanced against Congress’s constitutionally derived authority of oversight. It cannot be that any government agency can unilaterally declare its decisions off limits to the very Congress that funds that agency and that passes the laws that agency enforces.

Finally, and most astonishingly, the Department seems to assert that Congress’s oversight role is somehow limited because some of the factual accusations surrounding the Siegelman case are, in the Department’s opinion, strained or not corroborated. It is simply not within the Department’s authority to make itself the arbiter of whether a congressional inquiry merits compliance. Surely an agency of lawyers is not so blind to the constitutional meaning of the separation of powers. “

Let’s rehearse the history of the document production request. First a FOIA request was submitted, and Justice responded with a blanket denial, and added that there were no documents responsive to the request. Subsequently the claim that there were no responsive documents was demonstrated to have been another in the long line of falsehoods to be peddled by Mrs. William Canary’s office in connection with this case. Then Congress demanded the documents in support of a hearing focusing on the now well-substantiated allegations of politically corrupted prosecution, the single most prominent and best documented of which comes out of Mrs. Canary’s office. In the face of this, the Justice Department arrogantly asserts it is immune from oversight.

Why the cold sweat and panic over at the Justice Department and in Mrs. Canary’s office? Here is an inference which any reasonable citizen could draw from these extraordinary efforts to hide the facts and avoid accountability: that the information would expose Mrs. William Canary and her career staffers as liars. This case cries out for a full investigation, exposure of the corrupt dealings underneath the surface, and the exoneration of those who have been its victims. The persecutors here want to continue living under a rock in the slimy environment they find most congenial. What this matter needs is the searing light of the sun. Let the facts be exposed, and the blame be assessed where it ultimately must fall: on those who abused a public trust in connection with the administration of justice.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

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

Burn Pits

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.

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

Beltway Secrecy

In five easy lessons

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2017

Facing the Furies

= Subscribers only.
Sign in here.
Subscribe here.

The New Climate

= Subscribers only.
Sign in here.
Subscribe here.

A Dream Preferred

= Subscribers only.
Sign in here.
Subscribe here.

Snowden’s Box

= Subscribers only.
Sign in here.
Subscribe here.

American Duce

= Subscribers only.
Sign in here.
Subscribe here.

A Prayer’s Chance

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Snowden’s Box·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration (detail) by Taylor Callery
Post
The Forty-Fifth President·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Photograph (detail) by Philip Montgomery
Article
A Prayer’s Chance·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Photograph (detail) by Robin Hammond/NOOR
Article
Bee-Brained·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration (detail) by Eda Akaltun. Source photograph of Jairam Hathwar at the 2016 Scripps National Spelling Bee © Pete Marovich/UPI/Newscom
Article
My First Car·

= Subscribers only.
Sign in here.
Subscribe here.

Mrs. B’s Baby Village Day Care was on a frontage road between a mattress wholesaler and a knife outlet. There were six or so babies as regulars and another one or two on weekends when their parents were passing through looking for work. They wouldn’t find work, of course, all the security positions were full, the timber and ore had all been taken under the active-stewardship program, and the closest new start-up industry was the geothermal field hundreds of miles away. Mrs. B didn’t even bother to write those babies’ names down in her book. It was fifteen dollars a day and they had to be in reasonable health. Even so the occasional mischievous illness would arise and empty the place out.

Illustration by Katherine Streeter

Amount Greece’s ruling Syriza party believes that Germany owes Greece in war reparations:

$172,000,000,000

Americans of both sexes prefer the body odors of people with similar political beliefs.

Tens of thousands of people marched to promote science in cities across the world, and Trump issued an Earth Day statement in which he did not mention climate change.

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

HARPER’S FINEST

Who Goes Nazi?

= Subscribers only.
Sign in here.
Subscribe here.

By

"It is an interesting and somewhat macabre parlor game to play at a large gathering of one’s acquaintances: to speculate who in a showdown would go Nazi. By now, I think I know. I have gone through the experience many times—in Germany, in Austria, and in France. I have come to know the types: the born Nazis, the Nazis whom democracy itself has created, the certain-to-be fellow-travelers. And I also know those who never, under any conceivable circumstances, would become Nazis."

Subscribe Today