No Comment — November 17, 2008, 7:18 pm

Justice ♡ Orwell

Why does Michael B. Mukasey have a portrait of George Orwell hanging in his office? Today I read a document that suggests that the spirit of Orwell–or more precisely Orwell’s nightmare–is indeed alive at the Department of Justice. Last week a whistleblower leaked a series of highly incriminating documents about the prosecution of former Alabama Governor Don E. Siegelman. The documents showed that aggressive claims made by the U.S. Attorney who brought the case–and who is close to Karl Rove–were “less than candid.” Indeed, the documents may be more damaging than that.

These documents should have been turned over to Congress, which issued a subpoena requiring their production. But today we see that notwithstanding the damage done to its credibility by the leaks, the Bush Justice Department is intent on stonewalling Congress for every day of their two remaining months. The problem is that they have no legal basis for denying the subpoena. And this is where Orwell gets useful–and where the soulless bureaucrat that Orwell despised knows just what to do. Craft some senseless lines that sound good and principled but are actually devoid of meaning. In a letter responding to the subpoena, Principal Deputy Assistant Attorney General Keith B. Nelson states:

We do not believe that a possible departure from those policies in any given matter, the details of which may not be known or knowable at this point, requires us to set them aside in any other matter.

Talkingpointsmemo quotes a Committee staffer suggesting that Keith Nelson has obviously hired Donald Rumsfeld to write his copy. But I disagree. This text is classic Orwellian doublespeak. The Justice Department’s main point is that disclosure of the documents would injure the Justice Department’s position in the Siegelman appeal, now slated to be argued in Atlanta on December 9.

Of course, recent disclosures show clearly that Nelson’s concern is well taken. The documents that leaked undercut claims made by the U.S. attorney in a statement submitted to Congress. In theory, Congress has a right to look into the honesty of the statements made to it, and act if it finds there was an effort to mislead. Viewed as a strategy for a cornered criminal defendant who’s run out of good arguments, Nelson’s letter looks fine.

I have no doubt that disclosure of this information would severely harm the Justice Department’s position in the Siegelman appeal, just as Nelson suggests. Indeed, any light shed on the inner workings of the Justice Department in this case would destroy it, just as strong sunlight disinfects a bacillus spore. Nelson is doing a good job for his client. Unfortunately for us, he seems to have lost track of the fact that his client is supposed to be the United States.

“Political language,” Orwell tells us in Politics and the English Language, “is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.” The Justice Department has made his case.

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 164 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

May 2015

The Quietest Place in the Universe

= Subscribers only.
Sign in here.
Subscribe here.

Black Hat, White Hat

= Subscribers only.
Sign in here.
Subscribe here.

Beyond the Broken Window

= Subscribers only.
Sign in here.
Subscribe here.

In Search of a Stolen Fiddle

= Subscribers only.
Sign in here.
Subscribe here.

Displaced in the D.R.

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Displaced in the D.R.·

= Subscribers only.
Sign in here.
Subscribe here.

“How is it possible that my birth certificate is invalid if I was born here?”
Photograph by Pierre Michel Jean
Article
The Quietest Place in the Universe·

= Subscribers only.
Sign in here.
Subscribe here.

“Gaitskell and his colleagues are approaching the revelation of a new order, a new universe, in which even light will be known differently, and darkness as well.”
Painting by Sebastiaan Bremer
Article
The Test of Time·

= Subscribers only.
Sign in here.
Subscribe here.

“One by one his books dismantle the idea that art consoles, that art contains truths, that art expresses the soul. He insists on the artificiality and createdness of his narratives.”
Article
Saving the Whale, Again·

= Subscribers only.
Sign in here.
Subscribe here.

“While the other Wall Street behemoths are currently tapering their derivatives trading, Citi has been expanding its own.”
Illustration by Ross MacDonald
[Browsings]
On Broadway·

= Subscribers only.
Sign in here.
Subscribe here.

Photograph by the author

Chance that an American would give up at least one week of life to avoid taking a pill every day:

1 in 3

Iowa urologists reported that only a minor portion of locker-room teasing arises from “the presence of excess foreskin”; most teasing targets small penises.

A pair of Russian film directors asked President Vladimir Putin to invest $18 million in a new restaurant chain intended to drive McDonald’s out of the Russian market. “Every project these days,” a Russian television personality said of the proposal, “must be smothered in patriotic sauce.”

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