No Comment — January 29, 2008, 11:56 am

More Obstruction at Justice

Richard Schmitt and Tom Hamburger at the Los Angeles Times are reporting this morning on the status of the probe by Scott Bloch, head of the U.S. Office of Special Counsel, into the December 7, 2006 firing by Attorney General Gonzales of eight U.S. attorneys. The suspicion, now bolstered by a substantial amount of investigative work by the press and by Congressional oversight organs, is, that the firings occurred for corrupt purposes. The terminated U.S. attorneys had been under intense pressure to bring election-eve charges against Democrats, or to suppress criminal investigations targeting Republicans. Each had refused these overtures and insisted on handling the investigations “by the book.” And that vestige of professionalism was, in the White House’s book, a show-stopper.

But it seems that Justice is throwing a series of obstacles in the way of the investigation.

Scott J. Bloch, head of the U.S. Office of Special Counsel, wrote Atty. Gen. Michael B. Mukasey last week that the department had repeatedly “impeded” his investigation by refusing to share documents and provide answers to written questions, according to a copy of Bloch’s letter obtained by the Los Angeles Times. Justice Department wants Bloch to wait until its own internal investigation is completed. A department official signaled recently that the investigation is examining the possibility of criminal charges.

But that, the regulator wrote, could take until the last months of the Bush administration, “when there is little hope of any corrective measures or discipline possible” being taken by his office. Bloch’s allegations show how the controversy, which mostly focused on the dismissals of nine U.S. attorneys in 2006, continues to boil inside government.

Since last spring, the Justice Department’s inspector general and its top ethics officer have been jointly investigating the firings, along with allegations that the department, under Gonzales, allowed political considerations to factor into the hiring of career employees. . .

Bloch. . . asserted in his letter to Mukasey that he had independent authority to investigate “political intrusion into personnel decision making” at the Justice Department. He said that he had asked Justice officials on several occasions for access to documents and other evidence and that he had been repeatedly rebuffed. He also accused the department of failing to take seriously allegations against the former U.S. attorney in Minneapolis, Rachel K. Paulose. A career prosecutor in her office had filed a complaint with Bloch accusing Paulose of mismanagement and abuse of her authority.

Bloch said he referred the complaint to the Justice Department for further investigation because there was a “substantial likelihood” that the allegations, if proven, would constitute wrongdoing. He said Justice officials disagreed with his conclusion without conducting an adequate review. His letter indicates that Justice officials believed that Bloch had failed to investigate the complaint before sending it on to the department.

Paulose resigned late last year as the U.S. attorney in Minneapolis to accept a top legal policy job at Justice Department headquarters in Washington. “Are you requesting that I report to the president that you refuse to investigate disclosures of wrongdoing made by a career federal prosecutor, an employee of your agency?” Bloch wrote to Mukasey.

The probe inside of the Justice Department is being handled jointly by the Office of Independent Counsel and the Office of Professional Responsibility, two teams of disparate levels of independence, professionalism and investigative acumen. Over the last several years, OIG, headed by Glenn Fine, has won widespread credit for conducting aggressive and timely investigations with an even hand. The same cannot be said for OPR, headed by H. Marshall Jarrett, which has been bureaucratic, sluggish, incurious and at times subject to overt political manipulation.

In any event, however, the Justice Department’s internal probe is also subject to internal controls, which would not happen with Bloch. Which explains why Justice has decided to obstruct Bloch’s inquiry.

Michael Mukasey appears before the Senate Judiciary Committee tomorrow. There is no shortage of subjects to raise with him, and the Justice Department’s obstruction of the probe into the firing of the Gonzales Eight is certainly one.

Share
Single Page

More from Scott Horton:

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.

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

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

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2015

In the Shadow of the Storm

= Subscribers only.
Sign in here.
Subscribe here.

Measure for Measure

= Subscribers only.
Sign in here.
Subscribe here.

The Trouble with Israel

= Subscribers only.
Sign in here.
Subscribe here.

A Camera on Every Cop

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
“The campaign music stopped. Hundreds of people, their faces now warped by the dread of a third bomb, began running for cover.”
Photograph © Guy Martin/Panos.
Article
Part Neither, Part Both·

= Subscribers only.
Sign in here.
Subscribe here.

“Eight months pregnant I told an old woman sitting beside me on the bus that the egg that hatched my baby came from my wife’s ovaries. I didn’t know how the old woman would take it; one can never know. She was delighted: That’s like a fairy tale!”
Mother with Children, by Gustav Klimt © akg-images
Article
What Recovery?·

= Subscribers only.
Sign in here.
Subscribe here.

“Between 2007 and 2010, Albany’s poverty rate jumped 12 points, to a record high of 39.9 percent. More than two thirds of Albany’s 76,000 residents are black, and since 2010, their poverty rate has climbed even higher, to nearly 42 percent.”
Photograph by Will Steacy
Article
Rag Time·

= Subscribers only.
Sign in here.
Subscribe here.

From a May 23 commencement address delivered at Hofstra University. Doctorow died on Tuesday. He was 84.
“We are a deeply divided nation in danger of undergoing a profound change for the worse.”
Photograph by Giuseppe Giglia
Article
The Trouble with Israel·

= Subscribers only.
Sign in here.
Subscribe here.

“We think we are the only people in the world who live with threat, but we have to work with regional leaders who will work with us. Bibi is taking the country into unprecedented international isolation.”
Photograph by Adam Golfer

Ratio of money spent by Britons on prostitution to that spent on hairdressing:

1:1

A German scientist was testing an anti-stupidity pill.

A Twitter spokesperson conceded that a “Frat House”–themed office party “was in poor taste at best.”

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

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today