Crunchy Con

David Brooks: A question of honor

Thursday March 22, 2007

I think David Brooks has a sensible take on the US Attorneys' Firing controversy today. I am more troubled by the firings, and therefore more sympathetic to the Democrats in this case, than Brooks is, but overall his take seems...
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Comments
Joe Marier
March 22, 2007 9:15 PM
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I will say if it wasn't this, they'd be trying to revoke Karl Rove's security clearance some other way.

Jontemplar
March 22, 2007 10:00 PM
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Even my coolaid drinking Republican friends are convinced that Brooks has resorted to smoking it instead. These prosecuters crossed a line of honor and had the gall to go after fellow Republicans. Well, honor is when you ignore the politics and do your job faithfully and ethically. People like yourself aren't bound by the same code of honor and ethics. If you held yourself to that same standard...well that is the point isn't it? Having standards in the first place. Having honor is something you can't understand.
Bush's management style is foolish and has hurt himself because it hurts America. Surrounding yourself with useful idiots does not get the job done unless they happen to have the skills for the job. Cronies are better golf buddies than employees. Get Real!

cs
March 22, 2007 11:41 PM
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Why is there a fight over a transcript? Well, exhibit A. would be the Scooter Libby case. Whatever your opinion of his innocence or guilt, he was finally convicted not of leaking Plame's name, but of giving inaccurate testimony. Does anybody really think that if the Dems couldn't prove the firings were illegal, but did get discrepancies in testimony, they would refrain from perjury/obstruction of justice charges? The goal isn't the truth about the firings. It's political advantage.

Zina
March 23, 2007 12:11 AM
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Why aren't we hearing anything about the fact that Clinton fired 93 U.S. attorneys in March 1993? It was an op-ed in the WSJ about this: http://www.opinionjournal.com/editorial/feature.html?id=110009784. Rod, don't you think there is a media bias in how this story is being reported?

cs
March 23, 2007 2:17 AM
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As an update, Reid has now indicated some flexibility as to whether all aides would need to testify under oath. But, Rove must be under oath. Why? "Because he came this close (thumb & forefinger) to being indicted." Attorney firings are Act II of the Libby trial. Didn't get Rove first time? Let's try again.

rebeccat
March 23, 2007 4:30 AM
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Zina, the Clinton firings were unusual because they happened abrubtly and all at once rather than over several months as people's terms ran out. However almost all presidents replace all 93 of the AG's who are sitting at the time they take office and put their own people in place. If the Clintons had cherry picked who to abrubtly get rid of rather than implementing it as an across the board policy, then their actions would be as questionable as Bush's. I read the WSJ editorial and was appalled at the way the Journal took advantage of people's lack of knowlege about obscure government mechinations to make it appear that there was a legit comparison between Bush and Clinton's action. There are certainly examples of biased reporting out there, but this isn't one of them. What made the WSJ column particularly galling is that every in depth report of the Bush firings I have heard went to great pains to explain how this incident differs from past precedent and spoke at length about Clinton's actions. So they were depending on people not being informed by any other source for their argument to fly. It seemed very disingeniuous, if not down right dishonest to me when I read it. Besides, what sort of moral compass does a person who says, "well he did it first!" really have?

cs
March 23, 2007 6:53 AM
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The U.S. Code is explicit. The present appoints them. He has the authority to remove them. That's what service "at the pleasure of the President" means. Did the AG's office handle this poorly? Absolutely. Admittedly. I personally wouldn't care if Gonzales resigned. But, the new, slim Democratic majority has absolutely no business telling the President his aides must testify publicly, under oath, about the process his administration used to remove political appointees that he has legal authority to discharge. (See U.S. Code, Title 28. Senate has "advice and consent" role in appointments- President has authority to remove).

Hunk Hondo
March 23, 2007 2:56 PM
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Well, on the most basic level cs is right. However shabby this deed was, it was incontrovertibly legal. The President may fire a US Attorney at will--good reason, bad reason or no reason. It may be a shame that that's the law, but there it is. And one need not be one of the administration's mynah birds to see that there is little point in a Congressional inquiry when it is known at the outset that nothing illegal was done.
And yet I keep thinking of that line from Measure for Measure: "O, it is excellent to have a giant's strength--but it is tyrannous to use it like a giant."

Joel
March 23, 2007 4:25 PM
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cs, the President cannot fire USA's for any reason he pleases. He cannot fire them, for example, over their race or religion. Nor can he fire them to obstruct investigations. Sheesh.

Simon
March 23, 2007 5:19 PM
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Joel,
They are political appointees, not tenured civil servants. The President has every right to fire them if they are not adhering to his law enforcement priorities. Someone has to set the nation's law enforcement priorities, and Constitutionally that someone is (and ought to be) the President.
You are right that it would be unlawful to fire a prosecutor in order to obstruct a pending investigation. But the burden of proof is on those asserting such obstruction, not on the President. And in this case, we don't even have any evidence of such obstruction, much less proof. This whole brouhaha just illustrates how desperately we need to teach Constitutional separation of powers in schools.

watsy
March 23, 2007 6:08 PM
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You are right that it would be unlawful to fire a prosecutor in order to obstruct a pending investigation. But the burden of proof is on those asserting such obstruction, not on the President. And in this case, we don't even have any evidence of such obstruction, much less proof. I think that what Simon says is correct, and that's why an investigation is in order. Republican prosecutors are out of a job and have alleged that they were fired for wrongful cause. How does one go about getting proof if one doesn't investigate? Don't the prosecutors deserve to have allegations that they've made investigated. Democrats weren't in control when the Plame incident was being investigated. Republicans were right to put a special prosecutor on the case. Special Prosecutor Fitzgerald was correct to indite Libby. The jury agreed that Libby lied to Special Prosecutor Fitzgerald. What's that have to do with the Democrats? It's the beauty of America. Being "The Decider" doesn't make you King.

cs
March 23, 2007 7:35 PM
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Watsy, He's the President, not the King. He does have executive authority, up to and including asserting executive privilege when appropriate. The Congress has a right to ask questions about the firings. They do not have the authority to compel public, sworn testimony without much more evidence than we have seen to this point. If you disagree, please offer a constitutional rationale. Finally, I have to laugh at your paragraph about Libby which includes "what's that have to do with Democrats?" You're joking, right? We don't have to agree with the basis for the case, or the outcome, to acknowledge that the vocal calls by Democrats for a special prosecutor, for indicting Rove, etc. were an integral part of how the process evolved.
While we will probably disagree about this as well, my perspective is that the calls for public, sworn testimony over the attorney firings is at the root political.

watsy
March 23, 2007 10:23 PM
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I don't have a constitutional rationale, cs.
http://www.philly.com/philly/wires/ap/news/nation/washington/congress/20070319_ap_gopwantsanswersonprosecutorfirings.html But e-mails between the Justice Department and the White House contradicted that assertion. The e-mails showed that Rove, as early as Jan. 6, 2005, questioned whether the U.S. attorneys should all be replaced at the start of Bush's second term, and to some degree worked with Miers and former Gonzales chief of staff Kyle Sampson to get some prosecutors dismissed. Have we seen those e-mails? I don't believe they've been published, but I think that they provided Congress with enough evidence to warrant an investigation. It seems to me that Bush doesn't have many Republicans in Congress standing behind him on this one. It seems to me that most of them are looking towards a compromise.
I don't know if this rationale is constitutionally based, but the President is hired by the public. Therefore, testimony should be public when it has to do with wrongdoing in public office.
I think that testimony in private & not under oath would be OK, but I don't agree with Bush that there shouldn't be a transcript of the testimony. The Decider can assert executive privilege, but he's not the King. He's not up for election in 2008, and refusing to talk publicly about allegations of wrongdoing won't be good for the GOP. or the outcome, to acknowledge that the vocal calls by Democrats for a special prosecutor, for indicting Rove, etc. were an integral part of how the process evolved. You are correct. If it wasn't for the Democrats, Valerie Plame and her little life wouldn't have mattered at all to Congress. It's good that the Democrats were there to do the right thing and look into her allegations of wrongdoing.

Joel
March 23, 2007 11:11 PM
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cs wrote: "They do not have the authority to compel public, sworn testimony without much more evidence than we have seen to this point." But the sworn testimony IS the evidence that is being sought. BTW, show me where "executive privilege" appears in the constitution. And finally, read the SCOTUS ruling "United States vs. Nixon," 1974. SCOTUS shows regard here for the (extraconstitutional) right of executive privilege, but denies that this right is absolute. And remember that this ruling was handed down *before* there was any hard evidence of criminal activity in the Nixon Administration.

cs
March 23, 2007 11:51 PM
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"I don't have a constitutional rationale, cs." I will respectfully respond that that is all we need to know. Thank you. "Read... United States vs. Nixon." I have. The opening line- "Following indictment alleging violation of federal statutes by certain staff members of the White House and political supporters of the President, the Special Prosecutor filed a motion...." In the current situation, where is the indictment? The allegations of violating federal statutes? The Special Prosecutor?
The cases are not parallel. Further, even if they were, U.S. v. Nixon would not support the Democratic leaders call for public, sworn testimony. You see, the decision there stated that "the President's generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial..." and ordered an "in camera" inspection of the subpoenaed material. BTW, "in camera" refers to an "in chamber," or more confidential, examination of the subpoenaed material, directly contrasting the current calls for public testimony.

cs
March 24, 2007 12:30 AM
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I want to be very clear here- I think the matter has been handled very sloppily by DOJ. The shifting rationales, incomplete explanations, etc. have fed the fire of suspicion. As even Gonzales has admitted, mistakes were made. However, at this point, we have no evidence that laws were broken. We have 8 U.S. attorneys, who serve at the pleasure of the president, who were let go under questionable circumstances.
At this point, it looks more like a dumb move by the Administration/DOJ than anything close to Watergate. And, as we all know, if politicians were arrested for dumb moves....

watsy
March 24, 2007 5:47 AM
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I will respectfully respond that that is all we need to know. Thank you. You're welcome. Have a good night.

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About Crunchy Con

Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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