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 168 years of
Harper’s for only $23.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

March 2019

The Story of Storytelling

= Subscribers only.
Sign in here.
Subscribe here.

The Myth of White Genocide

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
No Joe!·

= Subscribers only.
Sign in here.
Subscribe here.

In the heart of the US Capitol there’s a small men’s room with an uplifting Franklin Delano Roo­sevelt quotation above the door. Making use of the facilities there after lunch in the nearby House dining room about a year ago, I found myself standing next to Trent Lott. Once a mighty power in the building as Senate Republican leader, he had been forced to resign his post following some imprudently affectionate references to his fellow Republican senator, arch-segregationist Strom Thurmond. Now he was visiting the Capitol as a lucratively employed lobbyist.

Article
The Myth of White Genocide·

= Subscribers only.
Sign in here.
Subscribe here.

The squatter camp outside Lawley township, in the southwest of Johannesburg, stretches for miles against a bare hillside, without electricity, water, or toilets. I visited on a blustery morning in October with a local journalist named Mophethe Thebe, who spent much of his childhood in the area. As we drove toward the settlement he pointed out land that had been abandoned by white Afrikaner farmers after the end of apartheid in 1994, and had since been taken over by impoverished black settlers who built over the former farms with half-paved roadways and tiny brick houses. You could still see stands of headstones inscribed in Afrikaans, all that remained visible of the former inhabitants.

Article
The Story of Storytelling·

= Subscribers only.
Sign in here.
Subscribe here.

The story begins, as so many do, with a journey. In this case, it’s a seemingly simple one: a young girl, cloaked in red, must carry a basket of food through the woods to her bedridden grandmother. Along the way, she meets a duplicitous wolf who persuades her to dawdle: Notice the robins, he says; Laze in the sun, breathe in the hyacinth and bluebells; Wouldn’t your grandmother like a fresh bouquet? Meanwhile, he hastens to her grandmother’s cottage, where he swallows the old woman whole, slips into her bed, and waits for his final course.

Article
Run Me to Earth·

= Subscribers only.
Sign in here.
Subscribe here.

They were released.

For the first time in seven years, they stood outside in the courtyard of the reeducation center. They looked across at the gate. They remembered none of this. The flagpole and the towers. The cameras. Prany counted the sentries in the towers. He heard the rattle of keys as the guard behind him, wearing a green uniform, undid his handcuffs. Then the guard undid Vang’s. They rubbed their free wrists. Vang made fists with his hands.

Prany dug the soles of his new shoes into the dirt. He watched Vang’s hands and then turned to see the building they had exited. It resembled a schoolhouse or a gymnasium. The flag flapped in the wind. The sun on him. The immense sky. His neck was stiff. He knew that if they were forced to run right now his legs might buckle. Not because he was weak, but because in this moment, in the new environment, out in the open, his entire body felt uncertain.

Article
New Books·

= Subscribers only.
Sign in here.
Subscribe here.

Ten years ago, a week after his sixtieth birthday, and six months after his first appointment with an oncologist, my father died. That afternoon, I went to my parents’ bedroom to clear up the remains of the lunch my mother had brought him not long before he collapsed. A copy of Yiyun Li’s novel The Vagrants, which he’d asked me for after I reviewed it in a newspaper, was open on his bedside table. He had gotten about halfway through it. The Vagrants isn’t what you’d call a consoling book—it centers on a young woman’s unjust execution in a provincial Chinese town in 1979—and I had mixed feelings about it being the last thing he’d read. Perhaps an adolescent part of me had been happy to let him have it out of a need to see him as a more fearless reader than he might have wanted to be just then. Still, my father had read Proust and Robert Musil while working as a real estate agent. There was comfort, of a sort, for me, and maybe him, in his refusal of comfort reading.

Cost of renting a giant panda from the Chinese government, per day:

$1,500

A recent earthquake in Chile was found to have shifted the city of Concepción ten feet to the west, shortened Earth’s days by 1.26 microseconds, and shifted the planet’s axis by nearly three inches.

Classes at a Catholic school in Durham, North Carolina, were canceled in anticipation of protests against a lesbian alumna, who had been invited to speak at a Black History Month event.

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

HARPER’S FINEST

Happiness Is a Worn Gun

By

Illustration by Stan Fellows

Illustration by Stan Fellows

“Nowadays, most states let just about anybody who wants a concealed-handgun permit have one; in seventeen states, you don’t even have to be a resident. Nobody knows exactly how many Americans carry guns, because not all states release their numbers, and even if they did, not all permit holders carry all the time. But it’s safe to assume that as many as 6 million Americans are walking around with firearms under their clothes.”

Subscribe Today