Saturday, April 14, 2007

Politicizing Justice.

From an interview with Daniel Metcalfe, a career attorney with the Justice Department who recently retired:

Q: You began in the Justice Department during the Watergate years. How would you rank Alberto Gonzales in terms of politicization of the department in comparison to the other AGs you have worked for?

A: Actually, I began earlier, in the first Nixon administration, as a college intern in 1971. But I was there again in the Watergate era, when I worked in part of the Attorney General's Office during my first year of law school in 1973-1974, and then continuously as a trial attorney and office director for nearly 30 years. That adds up to more than a dozen attorneys general, including Ed Meese as well as John Mitchell, and I used to think that they had politicized the department more than anyone could or should. But nothing compares to the past two years under Alberto Gonzales.

To be sure, he continued a trend of career/noncareer separation that began under John Ashcroft, yet even Ashcroft brought in political aides who in large measure were experienced in government functioning. Ashcroft's Justice Department appointees, with few exceptions, were not the type of people who caused you to wonder what they were doing there. They might not have been firm believers in the importance of government, but generally speaking, there was a very respectable level of competence (in some instances even exceptionally so) and a relatively strong dedication to quality government, as far as I could see.

Under Gonzales, though, almost immediately from the time of his arrival in February 2005, this changed quite noticeably. First, there was extraordinary turnover in the political ranks, including the majority of even Justice's highest-level appointees. It was reminiscent of the turnover from the second Reagan administration to the first Bush administration in 1989, only more so. Second, the atmosphere was palpably different, in ways both large and small. One need not have had to be terribly sophisticated to notice that when Deputy Attorney General Jim Comey left the department in August 2005 his departure was quite abrupt, and that his large farewell party was attended by neither Gonzales nor (as best as could be seen) anyone else on the AG's personal staff.

Third, and most significantly for present purposes, there was an almost immediate influx of young political aides beginning in the first half of 2005 (e.g., counsels to the AG, associate deputy attorneys general, deputy associate attorneys general, and deputy assistant attorneys general) whose inexperience in the processes of government was surpassed only by their evident disdain for it.

Having seen this firsthand in a range of different situations for nearly two years before I retired, I found it not at all surprising that the recent U.S. Attorney problems arose in the first place and then were so badly mishandled once they did.

The interview is much longer, and well worth reading. (Hank agrees.)

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