No Comment — June 26, 2009, 9:47 am

Did a Bush Justice Figure Obstruct the Renzi Investigation?

Why was Paul K. Charlton, the man appointed by George W. Bush in 2001 as U.S. attorney in Arizona, fired from his job in the immediate wake of the 2006 election? Charlton was pursuing a corruption investigation into G.O.P. Congressman Rick Renzi. Karl Rove and his acolytes in the White House were deeply concerned that information about the investigation could cost the G.O.P. a vital seat in the House. That fact seems clearly to have played a major role in the decision to fire Charlton. But it seems that political meddling with the Renzi case was not limited to Charlton’s firing.

Significant new information concerning the political shenanigans surrounding Charlton and the Renzi case has just surfaced. In October 2006, weeks before the election, Charlton got the go-ahead from Attorney General Gonzales to seek a wiretap of Renzi. The case against Renzi is now in the trial phase, and observers say that the wiretap does not appear to have yielded much to support the government’s case. Now it appears that there’s a reason for that. Murray Waas reports in The Hill:

In the fall of 2006, one day after the Justice Department granted permission to a U.S. attorney to place a wiretap on a Republican congressman suspected of corruption, existence of the investigation was leaked to the press — not only compromising the sensitive criminal probe but tipping the lawmaker off to the wiretap. Career federal law enforcement officials who worked directly on a probe of former Rep. Rick Renzi (R-Ariz.) said they believe that word of the investigation was leaked by senior Bush administration political appointees in the Justice Department in an improper and perhaps illegal effort to affect the outcome of an election.

The leak went out at roughly the same time to a number of major newspapers covering the matter. Here’s how one of them—the Phoenix-based Arizona Republic reported it, quoting an unnamed senior Justice Department official. The Renzi case, he said,

“is not a well-developed investigation, by any means. A tip comes into the department. The department is obligated to follow up … and we do that. People are assuming there is evidence of some crime,” even though that is not necessarily true. The official added, “Be careful. I can confirm to you a very early investigation. But I want to caution you not to chop this guy’s (Renzi’s) head off.”

The newspaper noted that “the federal official would not discuss whether the Justice Department was being manipulated for political purposes. However, the official said it is unusual for the department to publicly acknowledge concerns about the accuracy of media reports.” The unnamed Justice official seems to have been a very busy beaver. The Arizona Republic story notes that he had contacted two other newspapers to persuade them that their stories about Renzi were wrong.

Except that the newspapers had accurately reported what was going on. It’s the unnamed Justice official whose account was wrong. He had claimed that the investigation had barely begun and did not rest on anything substantial. In fact the investigation had been going on for more than a year and had compiled a sufficient quantum of evidence to warrant seeking the attorney general’s okay for a wiretap. It’s obvious that the Justice official in question was spreading false accounts in order to save Renzi’s scalp in a closely-fought election campaign. It worked. Newspapers on the scent of the probe that led to Renzi’s indictment dropped it, suggesting the whole matter was simply “campaign trickery.” Renzi was reelected in 2006.

But there’s another aspect to these politically motivated leaks of fake information: they also clued the target to the existence of the criminal investigation. Here’s how Charlton put it in an interview with Waas: “Any time you have a wiretap up and the subject or the target becomes aware that there is an investigation, the value of the information you glean from that wiretap will almost certainly be greatly diminished.”

This means that the “Justice official” who leaked to the newspapers in question did not simply breach Department protocols, he may very well have committed a crime: obstruction of justice.

That leaves a big question: who is the leaker who disseminated disinformation to the papers to help out Renzi? The circumstances suggest that he was someone well versed on dealing with the press, who actually had information about the Renzi case and had partisan political motives. Waas notes that sources involved in the Justice Department’s internal probe of the U.S. attorneys firings, conducted jointly by the Office of Professional Responsibility and the Inspector General, concluded that the person must have been a political appointee. Their report casts suspicion directly on one individual: Brian Roehrkasse. The report notes that Roehrkasse approached then-head of the Criminal Division Alice Fisher and secured her authorization to be briefed about the probe. Roehrkasse was a highly partisan figure who later disseminated false information in a botched cover-up of the U.S. attorney scandal. (A flavor for Roehrkasse’s political guttersniping can be gleaned from this collection of emails exchanged with his friends Kyle Sampson and Monica Goodling; I summarize issues with his conduct in “Fire Brian Roehrkasse.”) However, Attorney General Mukasey was so delighted with Roehrkasse’s facility with dissembling that he promoted him to Director of Public Affairs in 2007. Maybe it’s time for Mr. Roehrkasse to answer some further questions. Was he the “Justice official” who called the Arizona Republic, the New York Times, the Associated Press, and the Washington Post in a successful effort to get them to backtrack on their accurate reports about the Renzi case?

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 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2017

Document of Barbarism

= Subscribers only.
Sign in here.
Subscribe here.

Destroyer of Worlds

= Subscribers only.
Sign in here.
Subscribe here.

Crossing Guards

= Subscribers only.
Sign in here.
Subscribe here.

“I am Here Only for Working”

= Subscribers only.
Sign in here.
Subscribe here.

Dear Rose

= Subscribers only.
Sign in here.
Subscribe here.

The Year of The Frog

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Destroyer of Worlds·

= Subscribers only.
Sign in here.
Subscribe here.

In February 1947, Harper’s Magazine published Henry L. Stimson’s “The Decision to Use the Atomic Bomb.” As secretary of war, Stimson had served as the chief military adviser to President Truman, and recommended the attacks on Hiroshima and Nagasaki. The terms of his unrepentant apologia, an excerpt of which appears on page 35, are now familiar to us: the risk of a dud made a demonstration too risky; the human cost of a land invasion would be too high; nothing short of the bomb’s awesome lethality would compel Japan to surrender. The bomb was the only option. Seventy years later, we find his reasoning unconvincing. Entirely aside from the destruction of the blasts themselves, the decision thrust the world irrevocably into a high-stakes arms race — in which, as Stimson took care to warn, the technology would proliferate, evolve, and quite possibly lead to the end of modern civilization. The first half of that forecast has long since come to pass, and the second feels as plausible as ever. Increasingly, the atmosphere seems to reflect the anxious days of the Cold War, albeit with more juvenile insults and more colorful threats. Terms once consigned to the history books — “madman theory,” “brinkmanship” — have returned to the news cycle with frightening regularity. In the pages that follow, seven writers and experts survey the current nuclear landscape. Our hope is to call attention to the bomb’s ever-present menace and point our way toward a world in which it finally ceases to exist.

Illustration by Darrel Rees. Source photographs: Kim Jong-un © ITAR-TASS Photo Agency/Alamy Stock Photo; Donald Trump © Yuri Gripas/Reuters/Newscom
Article
Crossing Guards·

= Subscribers only.
Sign in here.
Subscribe here.

The Ambassador Bridge arcs over the Detroit River, connecting Detroit to Windsor, Ontario, the southernmost city in Canada. Driving in from the Canadian side, where I grew up, is like viewing a panorama of the Motor City’s rise and fall, visible on either side of the bridge’s turquoise steel stanchions. On the right are the tubular glass towers of the Renaissance Center, headquarters of General Motors, and Michigan Central Station, the rail terminal that closed in 1988. On the left is a rusted industrial corridor — fuel tanks, docks, abandoned warehouses. I have taken this route all my life, but one morning this spring, I crossed for the first time in a truck.

Illustration by Richard Mia
Article
“I am Here Only for Working”·

= Subscribers only.
Sign in here.
Subscribe here.

But the exercise of labor is the worker’s own life-activity, the manifestation of his own life. . . . He works in order to live. He does not even reckon labor as part of his life, it is rather a sacrifice of his life.

— Karl Marx

Photograph from the United Arab Emirates by the author. This page: Ruwais Mall
Article
The Year of The Frog·

= Subscribers only.
Sign in here.
Subscribe here.

To look at him, Sweet Macho was a beautiful horse, lean and strong with muscles that twitched beneath his shining black coat. A former racehorse, he carried himself with ceremony, prancing the field behind our house as though it were the winner’s circle. When he approached us that day at the edge of the yard, his eyes shone with what might’ve looked like intelligence but was actually a form of insanity. Not that there was any telling our mother’s boyfriend this — he fancied himself a cowboy.

“Horse 1,” by Nine Francois. Courtesy the artist and AgavePrint, Austin, Texas
Article
Dead Ball Situation·

= Subscribers only.
Sign in here.
Subscribe here.

What We Think About When We Think About Soccer, by Simon Critchley. Penguin Books. 224 pages. $20.

Begin, as Wallace Stevens didn’t quite say, with the idea of it. I so like the idea of Simon Critchley, whose books offer philosophical takes on a variety of subjects: Stevens, David Bowie, suicide, humor, and now football — or soccer, as the US edition has it. (As a matter of principle I shall refer to this sport throughout as football.) “All of us are mysteriously affected by our names,” decides one of Milan Kundera’s characters in Immortality, and I like Critchley because his name would seem to have put him at a vocational disadvantage compared with Martin Heidegger, Søren Kierkegaard, or even, in the Anglophone world, A. J. Ayer or Richard Rorty. (How different philosophy might look today if someone called Nobby Stiles had been appointed as the Wykeham Professor of Logic.)

Tostão, No. 9, and Pelé, No. 10, celebrate Carlos Alberto’s final goal for Brazil in the World Cup final against Italy on June 21, 1970, Mexico City © Heidtmann/picture-alliance/dpa/AP Images

Factor by which single Americans who use emoji are more likely than other single Americans to be sexually active:

1.85

Brontosaurus was restored as a genus, and cannibalism was reported in tyrannosaurine dinosaurs.

Moore said he did not “generally” date teenage girls, and it was reported that in the 1970s Moore had been banned from his local mall and YMCA for bothering teenage girls.

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

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today