Crunchy Con

Sampson agonistes

Thursday March 29, 2007

D. Kyle Sampson, A.G. Gonzales's recently departed chief of staff, testifies before the Senate Judiciary Committee today. Sen. Arlen Specter said that this will probably be the most interesting testimony since Anita Hill. I'm going to be watching it all...
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Comments
Derek Copold
March 29, 2007 6:16 PM
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I'll be surprised if it's really all that interesting. What we'll probably find is the same sleazy, unethical but still, technically, legal things the Bush Administration's been doing for some time now.

Bubba
March 29, 2007 7:38 PM
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Two things. First: Fired US Atty David Iglesias, commenting on CNN, observed that Sampson has never been a prosecutor, so he doesn t know what prosecutors do. Anyone else think that this sentiment, if accurate, is extraordinary in its arrogance?
It would appear that for the Bush Administration and A.G. Gonzales, the pursuit of justice in the federal system is just waging politics by other means. That's corrupt. Gonzales should go. Didn't Fitzgerald prosecute Libby even though he knew the truth both about Plame's status and who leaked it? In his closing arguments, he mentioned a cloud that hung over Cheney, but wasn't this cloud little more than something Fitzgerald himself manufactured even though he knew that the truth didn't justify the controversy? Is this abusing the justice system to wage politics? Is this corruption? Did Rod complain about Fitzgerald and I missed it?

Joe Marier
March 29, 2007 8:11 PM
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Corruption requires unlawful activity, in my view. And I haven't seen anything unlawful yet, so I can't get too excited about it. I don't see why they don't go after the abuse of national security letters instead...

Franklin Evans
March 29, 2007 8:13 PM
http://madfedor.blogspot.com/

I find myself in the exceeding ironic position of wanting to give the Bush people a break on this one. 1) Arrogance has been a hallmark of both of Bush's terms. Do I need to provide examples? 2) No one, at any point, has come close to showing evidence of a crime (much as I might have like them to, at a couple of points). 3) We are not asked to like how a presidential administration runs its operations. We demand that they fulfill the responsibilities of that administration; we are not in a position to second-guess them (unless we can prove that a crime has been committed, see #2). I have disliked Bush and his immediate staff since day one. They have demonstrated time and again their disregard for consensus on most levels, including with Congress both pre- and post-2006. Why, I ask in rhetorical mode, is anyone feeling even the least amount of surprise over any of the disclosures coming out of the US Atty business?

watsy
March 29, 2007 8:16 PM
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Things that I'm wondering: Do you think that Ashcroft was removed by Bush because he wouldn't take part in unethical activity related to this? When Congress and Bush were waging war over Rove testifying under oath, didn't Congress say that's it's against the law to lie to Congress, so the formal taking of an oath doesn't matter? It seems to me that it's clear that Gonzalez lied to Congress.

watsy
March 29, 2007 8:23 PM
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I don't understand why you want to give them a break on this one when Congress hasn't completed an investigation. I'll give them a break once the investigation is complete, and it's found that the firings were legitimate. I'm not surprised. One of the things about America that is great is that it doesn't matter how big of a deal you are, you still need to follow the law. Obviously, the President and this administration have bigger jobs than US Attys and CIA operatives, but that doesn't mean that they are immune to investigation when accused of wrongdoing.

Richard
March 29, 2007 8:41 PM
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I think Rod is reading too much into the administration's incompetence in dealing with this issue. The fact of the matter is that the President has the power to dismiss his appointees for any reason or no reason. Period. Whether it's ethical or not (e.g., dismissing him because the appointee wouldn't put the President's kid on the little league team he coaches, to take a silly example), whether it's politically wise or not. Politics may stop at the prosecutor's office door, but only in the sense that it's ethically dubious to try to influence the outcome of a particular case. But, my gosh, the entire appointment process is political: the President selects folks who are loyal to him; the Senate confirms folks based largely on politics. The President could nominate people based exclusively on the fact that they are as obsessed about voting fraud (which he believes is committed disproportionally by the opposing party) as he is; hell, he could nominate people because they demonstrated their loyalty by working phonebanks sixteen hours a day during the campaign. Prosecuting crimes--like prosecuting wars--is the role of the executive. Government resources are limited; priorities must be determined. It is the presidents responsibility and prerogative to determine those priorities. And it is prerogative to have people in place who will implement those priorities, and to fire those who do not. Period. None of this addresses the ethical character of the dismissals, but all this political posturing is nothing more than precisely that.
(Oh--I would be saying the exact same thing if a Democratic president had done the very same thing.) And if you disagree, please explain why the Attorney General shouldn't be entirely independent of the president. And if that's your position, please explain (per John Yoo's recent piece in the WSJ), why the Secretaries of Defense and State should not be able to formulate their own policies and priorities independent of the president.

Joe Marier
March 29, 2007 8:57 PM
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"I'll give them a break once the investigation is complete, and it's found that the firings were legitimate." That would be the converse of a certain English juridical principle...

Richard
March 29, 2007 8:59 PM
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"I'll give them a break once the investigation is complete, and it's found that the firings were legitimate." That would be the converse of a certain English juridical principle... How true. Not to mention permitting the legislative branch serve as prosecution, judge, and jury.

Franklin Evans
March 29, 2007 9:11 PM
http://madfedor.blogspot.com/

I believe watsy is just getting a bit ahead of herself. I do not believe she is suggesting a presumption of guilt. (Though some of us surely smell a rat.)

fbc
March 29, 2007 9:18 PM
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I find myself in the exceeding ironic position of wanting to give the Bush people a break on this one. And I find myself in the exceedingly ironic position of agreeing 100% with Franklin Evans here. Despite the fact that he's a Republican, I can't stand Bush and I never have been able to. In fact the only time briefly I deregistered from the GOP was when the party nominated the obviously incompetent Geo. W. Bush to lead its standard. I'd like nothing better than to see him impeached. But for this? Sorry, I can't stop yawning.

Franklin Evans
March 29, 2007 9:50 PM
http://madfedor.blogspot.com/

fbc, I'm marking this day on my calendar. ;)

watsy
March 29, 2007 10:38 PM
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I'm not getting ahead of myself. I don't know if these guys did anything wrong or not. I'm just saying that Congress is right to investigate, and I'm not willing to give them a break by saying that Congress should just ignore the whole thing because Bush is the decider. They should investigate. If they complete their investigation and find that there's nothing that needs to go any farther, then I'm happy.
Innocent until proven guilty? Yes, of course. Giving breaks by sweeping accusations of wrongdoing under the rug? Forget it. I'm, also, not suggesting that Congress be the judge and jury. However, if they find evidence that would point towards special prosecutors or whatever comes next, then they should do that.

fbc
March 29, 2007 11:22 PM
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No disrespect to watsy intended, but after what? 15 years or so of "special prosecutors" and political witchunts concocted by the enemies of whoever is in the Oval Office, I'm just tired of it all.
Oh how I loved the rough and tumble of full-contact politics as a young man. Oh how sick I am of it all as a man with increasingly more silver hairs than brown. It's all bullshit, all the time. No thanks. St. Lee Atwater, forgive me.

Herman_Newtic
March 30, 2007 1:01 AM
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What law did Gonzales break? So far I've not heard one citation to any statute or law that he violated. Those of us who work in "at will" positions (including myself) understand that you can be fired "AT WILL." What part of those six letters doesn't the Senate Judiciary Committee understand. We have nearly $3/gal. gas, no energy policy, our health care costs are sky rocketing, social security is headed for bankruptcy, not to mention the threat of another terrorist attack that hangs over our heads and a homeland security policy that is seriously flawed.
Does anyone else think this is nothing more than sound and fury signifying nothing?

Anonymous Also
March 30, 2007 3:10 AM
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Congressional hearings (with few exceptions) are just soap operas for the Beltway crowd. And they're just as uninteresting.

songtraveler
March 30, 2007 3:35 AM
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It's truly sad to hear "Christians" reflexively defending the man who blithely wrote the pro-torture memoes at the bidding of his president/patron. ("What did he do that was technically illegal?") Why do you defend him, and thus defend torture of your fellow human beings? ("Because he's a Republican, you idiot left-wing America hater!") It's a bumper sticker, but it's also a profoundly religious question:
Who(m) would Jesus torture?
Whose side are most of you guys who post here really on? If he were here with us tonight with a laptop, do you honestly imagine Jesus would be defending Alberto Gonzales?

watsy
March 30, 2007 5:31 AM
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Those of us who work in "at will" positions (including myself) understand that you can be fired "AT WILL." My husband works at an "at will" position, but I don't think that he can be fired for ANY reason. He can't be fired because his boss doesn't like his religion or age. I don't know if he could be fired if he refused to act unethically at the request of the boss.
I think that we should wait until Congress completes the investigation and gathers more information before we decide this is or isn't anything. I'm taking my cues from Arlen Specter. He's my Senator. He's a Republican. He's a lawyer. He's been around the block a few times. He wants to know why these attorneys were fired. Why don't you?

Victor Morton
March 30, 2007 5:44 AM
http://cinecon.blogspot.com

A more accurate definition of "at will" employment is that you can be fired for any reason or no reason, except ones that have been made illegal (like ... um ... religion or age). Sampson is right ... the whole distinction between politics and performance is artificial in a political appointment. The president (and AG) set priorities and goals and not meeting those priorities is both a performance and a political matter. Now if there's some memo saying "fire all the colored folk" ... well, Katie bar the door. But there is not a shred of evidence of such illegal reasons. Even the "prosecuting Republicans but not Democrats" supposition is merely inferred from timing. Further, it's not surprising that a Republican administration should want more prosecutions of crimes that Democrats commit (like voter fraud) and vice versa (insider trading). Resources are finite and politics determines the priorities.

cs
March 30, 2007 7:25 AM
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I think we're missing another essential point. Congress has every right to investigate this situation- within the limits of their authority and judicial process. Can they ask questions and call hearings? Absolutely. Can they call anybody they want out of the Administration, force them to testify publicly and under oath, without sufficient evidence to override executive privilege? Absolutely not. I'm not a criminal justice or constitutional scholar, but even I know there's a process you take in these matters. Let them look into the matter. Don't let them claim absolute authority that they don't have. End of story.

Bugg
March 30, 2007 12:28 PM
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It's not arrogance, mere incompetence.I don't think they're sharp enough to carry out a conspiracy.Heck, I'm not sure Bush's team can go grocery shopping or get dressed each day without mommy's help.
That Sampson advanced as far as he did up the food chain in Justice without any prosecutorial experience is frankly stunning, and speaks volumes how DoJ has been run under Bush; I'd love to know who Sampson's hook is.
A president who had some onions and a tongue that worked would have defused this nonsense in about a sentence or two. USAs are political appointees. The President, even as doltish a one as this, can fire them for a good reason, a bad reason or no reason at all, excepting a disciminatory reason as above. And if the likes of Chuck Schumer want to employ this standard for the hiring and firing of political appointees, he should be ready to have it thrown in his face on the day a Dem takes the White House. And I don't think the country would be well-served by such silliness.
I guess we've secured the border and won the war; otherwise it's hard to understand why this is an issue. This is a complete political waste of time, energy and money.

watsy
March 30, 2007 2:05 PM
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Victor, cs, Bugg, Religion and color are an obvious one. But you ignored my 3rd scenario- refusing to perform actions which aren't ethical. That's what this is really all about. Can your boss fire you because you refuse to perform your job in a way that your professional groups have decided aren't ethical? I think that most attorneys would agree that the State AG shouldn't be letting one group of people of the hook while digging for dirt or picking on another group.
We don't know if that's been done. Just because a person who's been fired accuses the boss of wrongdoing doesn't mean that wrongdoing has occurred. That requires an investigation.

Bugg
March 30, 2007 2:42 PM
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Without specifics, I worked for a prosecutor's office for almost 6 years.i also lost a job opportunity in a state's AG office due to somenone losing an election.Them's the breaks. You do have ethical obligations, but you also have a boss, and a political one at that. This is not a democracy; DoJ is no different. Problem with attorneys is that too many of them, after a life of being told you're the best and the brightest,and especially in a pampered hallowed halls enviroment like DoJ, tend to forget this. They think every day is another chance to stab a windmill of your choosing. In fact you are nothing more than an input in the government and executive's employ-amaker of sausage msot days, like everyone else. You do what the boss tells you to do.If it's prosecute drug dealers(or give them treatment programs in lieu of jail time, as is now more often the case), you carry out those priorities. Which is all this seems to have been; follow through on the priorities as so designated by the employer. And if it violates your ethics, you leave.Sampson(again, shock to me someone this Boy Scout naive got that far) or Lam or anyone else so employed knows that. If the Bush/Gonzalez gang made voter fraud a priority and these USAs ingored that or didn't follow up to their bosses' satisfaction, they have only themselves to blame. Yes, it's political, may be sleazy-and perfectly legal. And this is going to be a precedent,
Be careful waht you wish for, Senator Schumer. I look forward to the opening days of the Hillary!/Obamarama! Administration, when all Republican holdovers now will point to this to stay so employed in appointed psots rather than knowing they'll be looking for work.

Herman_Newtic
March 30, 2007 4:54 PM
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Songtraveler and Watsy, Again, I have not heard one citation to any statute or law that Gonzales broke. One would think (hope?) that if eight US Attorneys, the best and brightest lawyers, did not bring an unfair labor action against Gonzales for their firing, what the heck is the Senate Judiciary doing by having this investigation? It is truly a political witch hunt designed to discredit the President.

watsy
March 30, 2007 6:38 PM
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Mr. Newtic, I'm not sure of the answer to your question. It's possible that the US Attorneys are waiting for Congress to talk to all of the people involved to see if there's a case. Police do the same type of thing. They gather evidence, and then they press charges. They don't press charges and then see if the evidence fits the charge. Bush and Gonzalez will be vindicated if they did nothing wrong.

Herman_Newtic
March 30, 2007 6:59 PM
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Watsy, The answer is apparent: if "the" US Attorneys, "Attorneys" being the key word, did not believe they had a legitimate and legal basis for alleging some violation of labor law (over which they are presumed by virtue of their position to know federal labor law), then it's a pretty safe bet there was no violation. Attorneys who believe they have been wronged don't wait for a snail-paced congressional hearing to determine whether they were wronged. They file their lawsuit immediately b/c the statute of limitation is running and let a judge/jury sort it out. There was no lawsuit filed. There was no violation. It may stink to high heaven, but there was no unlawful act. If there was, then why wasn't Bill Clinton the subject of congressional hearings when he fired ALL 93 US Attorneys?

Franklin Evans
March 30, 2007 7:47 PM
http://madfedor.blogspot.com/

Actually, Herman, the Clinton housecleaning occured at the very beginning of his administration. Performance questions or conflicts of interest problems could not have entered into it. He was doing what many have done before him in his place: installing his chosen staff. Those questions become important when the event is mid-term. I don't want to assume sinister intent, but it surely does stink; where there's smoke, there's some kind of fire.

Herman_Newtic
March 30, 2007 8:17 PM
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Franklin, What difference does the timing of the firing make? Again, if there is a violation of the law, it doesn't matter when it is committed except for statute of limitations issues. The timing is a non-issue. Again, where is the law that says, "A President can only fire all or some of the US Attorneys in the first few months of their term. However if he fires only a few of them somewhere along his second term there's something illegal with it and we'll let the opposing political party figure it out..."? There is no such law. Don't you think that with all of the legal training possessed by the USA's they would know whether they were wrongfully/illegally fired? Don't you think that the Democratic party, with all of their "let's get them" resources available to them would have been able to point to one, just one, statute or law that was violated? Do you see any problems with why there has been no citation to any law that was violated? We have medical costs skyrocketing, energy issues that are not being addressed, social security that's poised for bankruptcy, etc., etc., ad infinitum. Let's get on with the real issues we're facing.

Franklin Evans
March 30, 2007 8:21 PM
http://madfedor.blogspot.com/

Herman, my intent was to comment on the fact that the timing makes the president vulnerable to the accusations, not that the accusations should necessarily seem more reasonable in any given situation. That is the distinction here: the Clinton firings could not possibly be based on (non-)compliance with his policies, because the attorneys in question never served under him. I regret not making that clear above.

watsy
March 30, 2007 9:42 PM
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Mr. Newtic, I agree that Congress has other issues that need to be addressed. Those things needed some attention when we were busy proving that Clinton lied under oath about getting a BJ in the White House, and they've been present since. If Congress doesn't look into allegations of wrongdoing, then who should do it? Are you suggesting that the President get a free pass? Question: Does anyone know if independent attorneys hired by the State DAs could subpoena all of the people involved in this and force the administration to turn over any documents relating to this? It seems to me that if the Justice Department is crooked, then the State DA's can't rely on anyone but Congress to investigate.

songtraveler
March 30, 2007 9:52 PM
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Herman, There's no need for a witch hunt to discredit this President. He did that, long ago, all by himself. As for Gonzales, he is a self-confessed lawbreaker. He was complicit with Bush in breaking the FISA laws requiring a court to review any proposed wiretaps of American citizens. Recently, Gonzales announced that the Bush administation would start obeying the law. He did that only because he fears the reinstatement of the rule of law in this country due to Democratic control of Congress. Gonzales called the Geneva Convention "quaint." Torture is fine with him. Perhaps it is with you, too.

Bill
April 2, 2007 3:23 AM
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And now every federal criminal defendant can (and probably should) charge that the prosecution is political and not based on the facts and the law, as required by law for all prosecutions. People get disbarred for that. And now we know that the DOJ has a secret and undocumented employee evaluation system. Not one of the filred USAs was ever counseled or rated on the things that they were fired for. Did the AG publish anything in the Federal Register about this exception to normal personnel policy?

Rod Dreher
April 2, 2007 5:16 AM
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There's no need for a witch hunt to discredit this President. He did that, long ago, all by himself. True.

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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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