Making Law Enforcement a Political Enterprise: Key Examples from the U.S. Attorney Scandal and the So-Called "First Freedom Project"
Now, a fourth head has rolled, in the Bush Administration's Department of Justice, over the issue of the firings of United States Attorneys. Democrats and some Republicans have called for Attorney General Alberto Gonzales to resign because the firings appear to have been solely politically motivated. But so far, only those working for Gonzales have had to leave office. They include Monica Goodling, who was the White House liaison; Gonzales's Chief of Staff, Kyle Sampson; William Battle, who informed the U.S. Attorneys they were being replaced; and now Paul McNulty, the Deputy Attorney General.
It says something unfortunate about the Attorney General's character that he himself has not chosen to resign, because, given what is now known, there is little doubt that at least some of the firings were improper. Moreover, as I will explain, this is hardly the only instance in which this Justice Department has improperly politicized the enforcement of the law.
Why This Scandal May Damage Not Only Gonzales, But Also the Office of U.S. Attorney
The sycophants for the Administration have defended what happened as business as usual. In support of this claim, they make the legalistic argument that Presidents always replace United States Attorneys with their own political choices. To an extent, that is true. However, historically, those replacements have not been the result of the DOJ's monitoring whether - or how avidly -- the U.S. Attorneys were prosecuting Democrats, or engaging in other behavior relevant to the political fortunes of Republican politicians. The Republican Party really has changed character when the values of law and order take such a public backseat to political motive.
The other sad part of this scandal is that it may well reduce the stature of the U.S. Attorney position itself. One of the key reasons the position has been so desirable is that these critical federal prosecutors are usually given significant latitude to do what is right under the law. Obviously, each Administration prioritizes certain federal criminal objectives, but within those broad outlines, U.S. Attorneys have been left to exercise their good judgment. Moreover, they are far from mere political appointees: While they may be chosen out of a particular political pool during any given Administration, they are also selected in no small part for their judgment, intelligence, and integrity. And this is a distinction that does make a difference.
more:
http://writ.news.findlaw.com/hamilton/20070517.html
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