Mukasey Won't Pursue Charges in Justice Department Hiring Scandal
WASHINGTON -- Atty. Gen. Michael B. Mukasey said Tuesday that the Justice Department had no plans to bring criminal charges in connection with hiring abuses that took place under his predecessor, Alberto R. Gonzales.
Mukasey said the findings in two recent reports by Inspector General Glenn A. Fine -- that a group of influential Gonzales aides considered politics and ideology in hiring career employees and summer interns -- were "disturbing."
The aides violated civil service laws and department regulations, Mukasey said, but they did not commit crimes that could send them to jail.
"Where there is evidence of criminal wrongdoing, we vigorously investigate it. And where there is enough evidence to charge someone with a crime, we vigorously prosecute," Mukasey said in a speech to the American Bar Assn. in New York. "But not every wrong, or even every violation of the law, is a crime."
The decision not to prosecute means that some of the best-known figures in the scandal -- such as Monica M. Goodling, a lawyer and public affairs officer who became a powerful gatekeeper in the department under Gonzales -- will likely emerge relatively unscathed.
In a report last month, Goodling and Gonzales' former chief of staff, D. Kyle Sampson, were found to have violated department regulations and civil service laws by considering political views and other factors in deciding whether to recommend hiring immigration judges and other career employees.
Michael J. Elston, a top aide to then-Deputy Atty. Gen. Paul J. McNulty, was faulted in an earlier report for politicizing the hiring of summer interns and attorneys for the department's honors program.
Violation of federal civil service laws can, in the most extreme cases, lead to dismissal from the government. But since Goodling, Sampson and Elston left the Justice Department last year, they can no longer be sanctioned.
"The attorney general, the nation's top law enforcement officer, seems intent on insulating this administration from accountability," Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee, said Tuesday.
Because key aspects of the scandal -- including the possible involvement of White House aides -- remain unknown, Mukasey's remarks were "premature," Leahy said.
Mukasey didn't rule out charges arising from two other reports that Fine is preparing, including one related to the politically charged dismissals of nine U.S. attorneys in 2006. He also denied that those who engaged in misconduct had suffered no consequences.
"The officials most directly implicated in the misconduct left the department to the accompaniment of substantial negative publicity," he said. "Their misconduct has now been laid bare by the Justice Department for all to see."
Lawyers for Sampson, now a partner at a Washington law firm, and Goodling, believed to be a public relations consultant, declined to comment. A lawyer for Elston, also a Washington law firm partner, couldn't be reached.
Among the Justice Department's 100,000 employees are a limited number of political appointees who hold policymaking positions, but most are career civil servants. The law permits ideology to be taken into account in hiring policymakers but not civil servants.
Even before Gonzales resigned last fall, the department had taken a number of steps to purge politics from the hiring process.
Some critics had suggested that the department go a step further and fire or reassign employees hired through the flawed process. Mukasey said he would not do that.
"The people hired in an improper way did not, themselves, do anything wrong," he told the lawyers' group. Taking action against them, he said, "would be unfair and quite possibly illegal."
© 2008 The Los Angeles Times
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41 Comments so far
Show AllMukasey, while you might disagree with him, is not an idiot. Actually the statement so many of you are talking about: "Not every wrong, or even every violation of the law, is a crime," is 100% true in the American legal system. Go look up the difference between criminal and civil law. Sampson and Goodling broke civil laws and can't be prosecuted criminally for breaking those laws. But they can be sued, and I'm sure several suits are already in the works against them. They can also be disbarred.
But seriously, there would be a lot less confusion in the news if people understood that criminal law is different than civil law.
If you read a statement by a public official that seems completely idiotic, you might want to take a second glance to make sure you aren't missing something.
The Mukster could not send his cronies to jail now, could he?
"not every wrong, or even every violation of the law, is a crime" said the old idiot.
Some violations of the law are crimes, some are high crimes and some are misdemeanors.
Well, hamster he is old and tired, probably on downers as well. Maybe a few lines of coke would wake up the old fart.
Muck case, just another hit man for the current crime family that is suppose to be a Democratic, Government!
Richard Paine and anyone else interested!
In the case here, with this administration, the conspirators would fall under Federal Jurisdiction. In this case however, the Federal Authorities who have the jurisdiction and power to pursue charges are also under the control of the conspirators; or at the least, the next political party who wins the elections.
I believe that it would be ridiculously naive to expect the next president to pursue charges against this administration even if the opposing party were to win. In this case do not expect Obama's administration to do much in the line of pursuit, if they did, then they would drag it out for as long as possible, and then "pardon" those involved. If McCain won, then the same could be expected except that the time frame would be swifter.
Not much could be expected from either party in control of either house since many of the members presently have participated in one degree or another--
So where do the people who desire that "justice be served" but also that they are not listed by history as one who did nothing while the people selected to high office committed very high level crimes, against the innocents of two sovereign nations, Afghanistan and Iraq.
Not many Americans are willing to be like so many Germans after WWII who claimed to not "be aware" of the atrocities committed by their "elected high officials".
A simple movement by the "people" to have these criminals brought to justice in the World Court, is the only answer. The American People are capable of anything they collectively commit to. There would be no need to pass any new laws. There would be no need to make any new courts to serve as a forum of Justice. It already exists. The world Court, at the Hague is presently preparing to commit to trial several war criminals who have committed crimes against humanity---no less than this administration has; and certainly none have exceeded the numbers of those killed, or the innocent blood that has been shed by the Bush Administration in the name of the American People.
If the American victors of WWII could stand in judgement of the Germans and Japanese for waging illegal wars of aggression and the atrocities that accompanied them, and then allowed this administration to escape the same: the American Nation would not have the moral right to even exist, much less advise the world on any matters except "how to be a successful criminal NATION"......which they could publish in 500 languages so that the "other criminal nations" would have a "manual of operations"..........
There are many intelligent readers of this site and many others who could, with ease, organize a movement comprised of US Citizens, keeping the movement open to ALL, Republican, Democrat, Independent, Libertarian, Christian, Jewish, agnostic, pagan, "undecided" or whatever school of thought. These would be people who have witnessed these atrocities made in their names, with their tax dollars, sending their relatives, friends and relatives of friends many other categories of relations, and wasting trillions of dollars (if any of the readers actually believe the current war cost figures they are only fooling themselves---this is and will be a very expensive venture for the people----and very lucrative for just a few)------all of this has been done, by a group of criminals who have taken office and committed these crimes in the name of the Unites States of America, the people of America.
The world may forget what the American People have done to the Native American People. They may "marvel" that the American People have the "courage" to publish an apology for slavery. The may forget many of the short coming of the American Nation and its People, but it is very unlikely that they will be willing to forget that the American people, in the begining of the twenty first century, were such a criminal nation that they would allow these "International Criminals" to escape justice. Impeachment, or Censoring, or public and international disavowing these actions will not be enough.
The American People have a wonderful moment in History to be the example that they claim they are by DEMANDING that these International criminals be brought to justice on an INTERNATIONAL LEVEL. This would be for the WORLD to see that the American People are Just, and Law Abiding members of the World Community of Humanity.
Anything short of that would be a mockery of Justice, and would condemn the American people most likely forever, to be a third world people, untrustworthy, criminal, and dangerous. This would most likely lead to the USA being partitioned, and under the occupation of foreign troops for many generations. They would deserve that without action.
On a personal level. I am a descendant of a two tribes of those who "received justice" at the hands of the American People. I have observed in my life time, (well over half a century so far)the continued "misapplication of Justice" by the American People, against my own people, and other tribes.
On an international level however this means little to the other members of other nations.
Whatever happened to the Native Americans is of little concern to them.
Now however the situation has changed. The USA has shown themselves capable of even the unimaginable just 50 years ago, even after they were/are the first and only people to use Nuclear Weapons-----and this was against the innocent civilians. Their wealth, and power and military might coupled with their capacity for duplicity and hypocrisy then interwoven with their ability to rationalize the irrational----makes them the most dangerous people the world has ever known.
In fact I personally will offer a cash reward to the historian, (exclusive of revisionists) who can show me a more dangerous nation in the annals of history than the USA.........
The power is truly in the hands of the "people of the USA". They can change their approach or they can continue in this manner and eventually bring their own destruction------right to their front door.
They could even bring upon themselves by themselves. Their own "Civil War", a war that many waged in order to KEEP Slaves, resulted in more American dead than all of the other wars combined---they will even kill themselves, by the thousands, or DIE by the thousands for irrational motives.
The world is watching and waiting to see what they will do, and the world is scared of the possibilities.
hamster - 9:30 am
Did you notice the guy looks half asleep in the photo?
__________________________________
I don't know if you're familiar with "Seinfeld", but Mukasey reminds me of Mr. Pitt, Elaine's one-time boss.
Mukasey is just another bush White House flunky. He's an actual disgrace and an embarassment, as well. The man has no balls of any kind; he simply does whatever he's ordered to do. He's like a performing monkey on the proverbial leash. It's pathetic.
Did you notice the guy looks half asleep in the photo? Perfect fit for this administration. Someone who's asleep at the wheel.
The Democrats are pissing and moaning as usual because the Attorney General is winking at the corruption and acting like the puppet of Bush and Cheney that he is. At the time of his confirmation, the whole world was yelling to not confirm this patsy and the Democrats (mainly Feinstein and Schummer) caved in and gave him a pass anyway. Just like Gonzales, these assholes never should have been confirmed in the first place, but the Democrats gave in as usual. We have them to thank for this. Maybe some day the Democrats will get some spine and actually do something to represent the American people.
Where is Guy Fawkes when we really need him?
JBPM, we don't need to "get rid" of the folks lost in the myths. As you said, they were trained from birth. It's the training that has to change. It simply has to get bad enough so that the people decide to face the fire and make the change. It has to be a grass roots change.
What a very sad state of affairs. Will anybody ever be held accountable for anything in this f#%&^%g administration????
It is just unbelieveable that everything just gets brushed aside and the crooks get away. Mukasey is just as bad as Gonzales.
Mukasey: "But not every wrong, or even every violation of the law, is a crime."
Whether it's a crime or not depends on how well-connected the criminal is. God Bless the United States of America!
The USA was taken over in 2001, or, 11/2000, by harden criminals. It only took some longer to see it. Sadly, some still don't see it.
Since day one, all potential employees seeking jobs in this administration had to pass a litmus test in order to be hired, or appointed. The CIA ceased doing its duty and started working for Bush. The DoJ ceased prosecuting criminals and become one itself. The FBI ceased investigating crimes and started commiting crimes itself. The CDC, EPA,......well, you get the point.
So my question is, who would expect Mukasey, or anyone else in the Bush admin., to work for the people.
Native Son might you expand on how the American people might bring this rogue government before the world court.....or maybe some others know?
thaddeus...local level across the land organize and do something
How about an across the land do nothing for a day or two... mourn the loss of the constitution, America
the economy, a nonresponsive government, no real choices or change, whatever just take/make a stand
time to awaken and maybe get together find out what power true numbers have
No let's just dream and watch more change
The reality is that this logic will not hold up under any intelligent scrutiny.
A Group, even a small one, of dissatisfied voters could under this logic "hire" "employ" "retain" etc. others to "take out" (you define that phrase) the side they are dissatisfied with, and the ones who do the deed, as well as the ones who "hired" them could not be held accountable.
But then again, we are dealing with the "Conservative mind set" and ANYTHING is possible when you travel in that "universe".
The People of the USA can make the move to have this administration charged under the world court, Geneva Accords, and Nuremberg Accords and see these people are tried as the criminals that they are. The People of the USA do not require the approval of the Justice Department, either Houses, or any other body to see that justice is served.
They can take matters into their own hands---doing it legally---- and make an example of these criminals; as a deterrent to other future criminals that attain high public office.
Now that would be an example for the world to follow that would measure up to the American self image.
attention all law-breakers....
you now have a new legal defense for your non-legal actions.
actually quite an old one.
assuming you are ever prosecuted.
the perogatives of power....
Impeach Mukasey!
JBPM, Kahlil Gibran talks about the ox who has come to love his yoke and calls the animals in the forest stray and vagrant things.
Freedom is a burden and a responsibility. Many people are asleep, but there are many people who are eager to have the ruling class tell them what to do.
Had they thought this through, surely they would suspect how unpleasant such an arrangement could become.
I agree with the commentary that says this news article is very disturbing.
Revolution anyone?
Here's the recipe:
Start a progressive movement at the local level and distribute evenly across the land. This has already been done via this web site and others.
1. Take over the city councils
and separate from the political mainstream by building a mass transit system that is funded with local taxes. Get a neighboring city to do the same and so forth. Do the same with water, cable and phone-move every part of the infrastructure back down to the roots.
2. Move on to the state government and take that over.
What really bothers me and what no one mentions is that they have put many many people into positions that will in the future determine our future---just the way they want .
So --with just a slap on the wrist--they have won---The end justifies the mean ----or---- it is better and easier to commit a wrong and then later ask forgiveness ---if you are caught.
Are they going to now go back and remove all the people that were put into positions and that now have stacked the deck for the future? NO---
Here's what now constitutes punishment for crimes committed at the highest levels of government: "substantial negative publicity."
well i guess prosecution is "off the table"
we haven't seen such a hack political appointment in this office since...the last guy in the chair
"time to awaken?"
Yep. Too bad the folks still snoring away overdosed on their religious and patriotic sleeping pills.
Is it a surprise that the overwhelming majority of people in the US who believe in the literal six-day account of creation presented in Genesis are the folks who still think that Bush is a good president? Or that these are the people who think the torture isn't torture so long as its performed by wholesome Americans? These are people who have been trained from birth to believe in the literal truth of myths and to lash out mindlessly at those who attempt to set them straight. They are, in my experience, damn near unreachable.
Sometimes I think that the only way to save the human species is to somehow isolate and get rid of these folks like one would a pathogen. But I know that a dark insanity lies down that path, and so I throw my hands up in despair, wondering how we are to awaken those who prefer their slumber.
Hi, Amigos,
I logged in to signal my disgust but decided to read your comments first.
Hamster, Nietzsche, decrepittex, et al, said it all for me.
All I can add after living in these cursed "Interesting Times" and witnessing unpunished high treason and (according to Mukasey non-)crimes against humanity is:
God save the Republic!
oxymorons
the 'justice dept.
the congress of the u.s.a
'we the sheeople' as we continue to put up with this nonsense.
time to awaken?
Guess that means waterboarding falls under "not every wrong, or even every violation of the law, is a crime."
Mukasey's just another Bush Bitch.
Really, is anyone here shocked about this decision?
Bush could shit on the constitution and file it in
the trash and no one would say a word......Oh, I
almost forgot, he already has. Isn't America great?
Wonder when some smart lawyer will use this statement for a defense of a street criminal . . . .
"Dear Judge and Jury try to remember that not every wrong, or even every violation of the law, is a crime."
I can hardly wait to see this happen.
"Your honor, 'not every wrong, or even every violation of the law, is a crime.' The Attorney General said that."
I'll use that next time I have to go to court. If it works for the A.G. it works for me.
Go, and sin no more.
...and the Bush Family Toadies are still on the bench having their way with the American public...American Untrustice!
Mukasey: "But not every wrong, or even every violation of the law, is a crime." So now this worm is redefining the definition of crime. During the Senate hearings for this bozo the Democrats couldn't roll over fast enough. They solemnly nodded approval as Mukasey refused to answer questions about torture and what steps he would take to stem the abuses of the Bush administration. Welcome to one-party rule!
He would never have gotten that job without the understanding that the law is whatever the Bush administration says it is.
I remember being shocked when Nixon said it. Now it's just business as usual.
We gotta get rid of this system of government if it's the last thing we ever do.
Mukasey probably couldn't do anything if he wanted to without getting fired first. And so he will go down as another obscure civil servant who took the easy way out and chose to be a political pimp.
The real problem, aside from Mukasey being a nothing, is that there will be a blanket pardon for the entire administration, for any crimes, known or unknown, serious or petty, international or domestic, real or imagined...
But Vincent Bugliosi has opened the door to local prosecutions. I am a patient person.
from the article:
"But not every wrong, or even every violation of the law, is a crime."
true, in a cart-before-the-horse kind of way---it's not a crime if we don't prosecute anybody for it.
Well, Mukasey made it perfectly clear to the Democrats in congress, before they confirmed him, that he saw nothing wrong with torture. So why would anyone be surprised that the same person would see nothing wrong with political prosecutions?
Pelosi and the Democrats are supposed to be shocked by this person, who told them that he didn't know whether or not drowning prisoners was legal, now that he is once more failing to do his job, pertaining to a matter far less lethal?
"The people hired in an improper way did not, themselves, do anything wrong," he told the lawyers' group. Taking action against them, he said, "would be unfair and quite possibly illegal."
This is what we call a neocon "sleeper cell"
Those people hired on the basis of political bias are agents of a terrorist organization that is determined to destroy the infrastructure of the United States of America. The people who placed these agents in these strategic postions are treasoneous terrorist traitors and need to be held accountable for the crimes they have and are commiting against the people of the United States of America and against the world as a whole.
Alberto has been sent to his room and been told to Think About What He's Done.
Surely that's punishment enough!
Besides, it's refreshing to find that social conservatives are having second thoughts about the value of a Permissive Society.