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Today's Must Read
Let us meditate on the words "performance related."
Before the Senate Judiciary Committee last week, Deputy Attorney General Paul McNulty explained that six of the seven federal prosecutors who were suddenly dismissed last December were axed for "performance related" issues.
Today, McClatchy reports that of those six, five of them "received positive job evaluations before they were ordered to step down." But there's an explanation:
A Justice Department official who spoke on behalf of the administration said the dispute might simply be a matter of "semantics.""Performance-related can mean many things," said the official, who asked to remain anonymous because the Privacy Act bars officials from discussing personnel decisions. "Policy is set at a national level. Individual U.S. attorneys around the country can't just make up their policy agenda."
So "performance-related" doesn't necessarily mean that the prosecutors performed badly -- it's just a coded way of saying they were not sufficiently lockstep with policy at the "national level" (although a number of them got no explanation for their dismissal).
And who sets policy at the national level? Well, according to The Washington Post, it's not the Department of Justice:
One administration official, who spoke on the condition of anonymity in discussing personnel issues, said the spate of firings was the result of "pressure from people who make personnel decisions outside of Justice who wanted to make some things happen in these places."
Unfortunately for the administration, this story just keeps on going. Tomorrow the Senate Judiciary Committee will be briefed again by McNulty behind closed doors, where he'll present the job evaluations.
Comments (55)
ian wrote on February 13, 2007 9:51 AM:This scandal has legs, because an patently unfair and arbitrary employer is one with which everyone can identify. There's nothing that complicated here (unlike Plame or no WMD). Competant people were replaced by less qualified patronage apointees, and that stinks if you're a Republican or a Democrat.
Evan wrote on February 13, 2007 9:54 AM:By the time this administration is done, the English language itself may be so twisted that it is impossible to express the truth. Is there anything left that they have not corrupted?
JTL wrote on February 13, 2007 9:57 AM:It's just another case where we all know what they've done but we know they won't/can't admit it. It's like dealing with kids who deny stealing the candy even though they've got chocolate smeared all over their hands and face.
Mrs Panstreppon wrote on February 13, 2007 9:57 AM:I'd like to know which office at the DOJ is handling the Curt Weldon investigation and if there have been any personnel changes in that office.
According to the Delaware County Times, AG Gonzales visited the basement of the Delaware County courthouse on December 12 supposedly to get a firsthand look at the work of the county’s Internet Crimes Against Children Task Force. The funding for the program is a whopping $649k.
I'm wondering if AG Gonzales wasn't in Media PA to meet with the parties under investigation in the Weldon case on the q.t.
No one in the media is reporting any grand jury leaks and it's been at least seven months since the it has been hearing evidence against Weldon. In October, the media reported that the FBI had been wiretapping DC cell phones. If the FBI wiretapped Weldon's phone, that is a really big deal.
Given Weldon's extensive ties to the military and his overseas ventures, the Bush administration must be sorely tempted to interfere in this investigation.
DallasNE wrote on February 13, 2007 10:01 AM:Does "outside the Justice Department" mean Karl Rove or Josh Bolton? One thing that it means for certain is that the firings are for political purposes. The irony is that nearly everyone of these US Attorney's are Bush appointees. I guess Bush was o.k. with taking the campaign cash but not with what came with it.
Congress needs to look into this. While I doubt they can do much about it, just exposing the stench is worthwhile.
The Conservative Deflator wrote on February 13, 2007 10:03 AM:This deeply criminal Administration cares more about advancing it's unpopular, neofascist agenda than in employing competent people, unlike the Clinton Administration who nominated people like William Cohen, not because of their party affiliation but because they were smart and competent.
What is it going to take to impeach Bush and Cheney? Good God, are they corrupt and incompetent!
chris miller wrote on February 13, 2007 10:14 AM:Privacy issues. Why not just keep the names of the Attorneys secret? Maybe I shouldn't suggest that....
pecos wrote on February 13, 2007 10:32 AM:The Democrats need to let the White House know that they want all the new appointees brought before the Judiciary Committee for an up or down vote on confirmation. Until that happens there won't be any hearings on any administration appointees to anything, period.
Dennis wrote on February 13, 2007 10:33 AM:If this isn't vital to "national security", why must this go behind closed doors? Are we going to do a little "deal cutting"? Our Congress has proved it can't be trusted in secrecy.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
gonzone wrote on February 13, 2007 10:36 AM:performance related = investigating corrupt GOP is career limiting
Stuart Eugene Thiel wrote on February 13, 2007 10:52 AM:Can the House censure a Senator? Specifically, Arlen "I didn't read it" Specter?
Comte de Rochambeau wrote on February 13, 2007 10:53 AM:The destruction of the most cherished factors of our countrys basic
Martin Abschutz wrote on February 13, 2007 11:10 AM:Rights and historic sources of Honor and Equity has become the
sole legacy of this administration. Starting a War for the profit of
individuals that assumed their office through manipulation of the
process that included biased Supreme Court Justices. There has never been a more transparent enterprise. This smells bad and the
methods of the DOJ and Mr. Gonzales to obscure the reasons for the firings of the qualified people now deemed unworthy must come to the light of day. Where is Justice?
In response to Dennis:
oldtree wrote on February 13, 2007 11:22 AM:Typically, anything to do with personnel, especially evaluations, is not public information.
treason, governmental, institutionalized treason.
smiley wrote on February 13, 2007 11:26 AM:Yeah, we could keep the names of the attorneys secret! that's a great idea! Judges too! They could all wear BLACK HOODS.
http://en.wikipedia.org/wiki/Star_Chamber
tomg wrote on February 13, 2007 11:28 AM:WHY hasn't this loophole been closed YET!!!!!!
Dan Maceda wrote on February 13, 2007 11:42 AM:Question
Kevin Hayden wrote on February 13, 2007 12:02 PM:Does wrongful dismissal apply here? If they had good reviews don't they have to be given a reason and even if "serves at the pleasure of the President" applies don't they have to be told that is the basis of the dismissal.
Unlike the Saturday Night Massacre, this is like the Sunday Through Friday Night Massacre.
If Cheney ever wrote a soul-cleansing autobio, it would be titled: "Everything I Needed To Know I Learned From Nixon."
factsdontmatter wrote on February 13, 2007 12:11 PM:This experience with the Bush administration illustrates how much our government's structure depends on the good faith of those in office. Once people of bad faith get control, they can run amok for quite some time in broad open daylight. This is sickening.
Anonymous wrote on February 13, 2007 12:24 PM:He earned the job way back when Bush was governor of Texas by finding a loophole to get GW excused from jury duty. This kept Bush from having to fill out the forms which would have exposed his DUI arrest.
Now Gonzales is switching out the US attorneys, using another loophole, to protect Bush and Cheney.
His primary job in this administration is protecting and enabling the boss.
His actions remind me of the character played by Robert Duval, attorney Tom Hagen, in the Godfather.
What's wrong with this picture?
rapier wrote on February 13, 2007 12:49 PM:How long will the purged stay quiet? How long will the still employeed staff members of the purged remain so?
So far as I know not a peep has come out of either source. Probably until that happens and happen in such a way as to demonstrate that an investigation or prosecution of someone with political connections has been derailed this story won't really get legs. It can't be called a scandal if there is nothing there in that regard. However the moment it does it will be huge.
One of the funny things about the legislation on this was that Spector didn't know it was there. Neither evidently did a single congress critter. So it goes in our system now.
I think it is entirely possible that the wording was added after the legislation was passed. Would somebody please put some staff on this.
bjobotts wrote on February 13, 2007 1:23 PM:This legislation was slipped into the Patriot Act by a senior staff in Senator Specter's office without his knowledge. He states(the staff member)that it was sent over by the Justice Dept. and they insisted it be added. Nobody knew about it. Now who in the DOJ would have sent such a provision to be added and why? Especially at a time after the Act had been signed when they had to know no one would be aware of it. Who benefits? Consider also that Bush/Cheney are placing political officers in all federal agencies. All of these must follow the national policy of Bush/Cheney administration. Why? How many more US Attorneys will be replaced before this thing is stopped. I read that the Senate was trying to reverse this legislation. Anyone know?
Richard L. Adlof wrote on February 13, 2007 3:13 PM:The word we seem to be stumbling about is Orwellian. The philosophy is 'double-think'.
The chance that any of these replacement idiots will ever sit in front a confirmation hearing can be summed up by the Constitutional phrase forbidding Congress to pass 'Ex Post Facto' laws. Nope these bastards are there until indicted, caught in a compromising position with a dead female hooker or a live boy OR get promoted by the patina covered White House.
The best we can hope for is that Henry Waxman and friends will hire their predessors for their committees. That way their job performance will judged properly and be fruitful.
Uncle Don wrote on February 13, 2007 3:38 PM:Ex Post Facto does not seem to apply to this situation, since it prohibits punishment from being imposed pursuant to a law enacted AFTER the "offense" has been committed.
In any event, Congress should immediately rescind the provision slipped into the reauthorization of the Patriot Act by Senator Specter's staff member AND launch a thorough investigation into the firing of these United States Attorneys.
Karen wrote on February 13, 2007 6:31 PM:What the Congress really needs to do is to restore these wronged proscecutors back to their appointments, and with that done, hold hearings to determine who ordered this and to proscecute them.
SMoore wrote on February 13, 2007 7:26 PM:PROSECUTE! PROSECUTE!
cal wrote on February 14, 2007 1:23 AM:It's pure political retaliation.
Judge Lam just happened to be fired just before the indictment against Foggo and Wilkes went through?
Can't someone sue?
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