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The Gonzalez Justice Department

by rcs1

There are three kinds of curriculum vitae entries which have smoothed the way for appointments into the Bush administration's Department of Justice. They are, sometime participation in either the Whitewater investigation of the Clintons, or Kenneth Starr's investigation, or the House or Senate impeachment of Bill Clinton. Secondly, membership in the Federalist Society, or clerking assignments with Judges like Antonin Scalia and Michael Luttig of the 4th Circuit Court of Appeals, who are also supporters of the Federalist Society. And, thirdly, an academic background which includes a law school like Chicago or Yale or Harvard.

This is true even now when the Justice Department under Alberto Gonzalez is on its third round of leadership appointments.

It is ironical that members of the Starr team who fought tooth and nail against Clinton's claims of Executive privilege and against Clinton's views of the powers of the Presidency should be precisely the people who have worked to reverse what they did in the 1990's and much more, in the name of their absolutist doctrine of the Unitary Presidency. This profile is intended to help flesh out how the decision to fire US attorneys was made last November, and who did it.


commentary :: :: :: buzz-it!

The profile which comes together here though is one of legal partisanship, political hatchet-men and women dressed up as lawyers, representing corporate interests like Halliburton. It is ironic that the Gonzalez Justice Department is the weakest in recent history when it comes to prosecutorial skills and experience in top positions, yet those who lack such experience are the ones who have decided to fire prosecutors in the field. Could that be because the ones in the field were not on board with the partisan political agenda the others seem to share?

Let's just summarize the case with a few of the top officials under Gonzalez. They are, the Deputy Attorney General Paul McNulty, who is the Chairman of Gonzalez advisory committee within the Department. McNulty succeeded Robert D. Mc Callum in March 2006, after Mc Callum was appointed Ambassador to Australia. Mc Callum was a Yale contemporary and friend of the President and said by some to be a Skull and Bones member. McNulty was not the first choice for the job. The first choice was Timothy Flanigan, who had been a supporter of Starr, an early participant in the Florida recount, and Deputy to Gonzalez in the WH Counsel office where he had helped draft the policies governing the war on terror, including those on torture.

Flanigan left government service and became counsel to Tyco Corporation where he hired Jack Abramoff as a lobbyist. This relation was too blatant to be accepted by the Senate Judiciary committee, for Flanigan, if appointed to Justice, would have been involved in investigating Abramoff, or overseeing the investigation. So McNulty, the man who successfully prosecuted John Walker Lindh, Ahmed Omar Abu Ali and Zacarias Moussaoui became number 2 instead. McNulty had an extensive career with the Republicans in Congress during the 1990's in the course of which he functioned as spokesman for the House Judiciary Committee during the failed effort to impeach President Clinton.

The official who is responsible for prosecuting Abramoff now seems to be Alice S. Fisher who is presently the head of the Criminal Division. Fisher nearly did not get approved for the job she had been nominated for. Senator Leahy of Vermont brought up the question of her reported relationship with Tom Delay's legal defense efforts and with Jack Abramoff as reasons why she should not be approved by the Senate Judiciary committee. Alice S. Fisher had been part of the Senate investigation of the Clintons in the name of the Whitewater scandal during the 1990's.

This division of the Justice Department has been handling several of the investigations into the Halliburton Company, which is still paying Vice-President Dick Cheney according to the latest issue of Halliburton Watch.  Halliburton has been under investigation at Justice since October of 2004 for bid-rigging, overcharging tax payers, bribery, criminal profiteering and other alleged crimes. Halliburton was a contributor to Attorney-General Gonzalez election campaigns for the Texas Supreme Court before.

It is not fair to hold Gonzalez responsible for these, or other appointments to the Justice department. The White House comes up with these appointments, and the originating agency is the White House Office of Personnel, which means Bush signs off on them himself. When these three appointments were being considered, the person in charge over there was Julie Myers, she was the former Chief of Staff for Michael Chertoff when he was the chief of the Justice Department's Criminal Division before he became head of the Department of Homeland Security. Myers had worked for sixteen months as part of Kenneth Starr's investigation into Bill Clinton. She is the niece of the Air Force General Myers who was Bush's former Chief of Staff of the Armed Forces, and she married Chertoff's chief of staff Michael Wood, before she went on to become Director of Immigration Criminal Enforcement as a result of a Bush recess appointment intended to avoid Senate scrutiny.

Starr, Solicitor-General under Bush's father, is a partner at the law firm of Kirkland and Ellis, Gonzalez present Chief of Staff Theodore Ullyot began his legal career at Kirkland and Ellis in the group directed by Kenneth Starr.

Gonzalez had been promoted to Attorney General from his previous position, counsel to the President. He assembled a team in that office which was intimately involved with all of the measures considered necessary after the 9/11 terrorist attacks. Leading members of that team included Timothy Flanigan, the man who hired Abramoff to represent Tyco, Brett Kavanaugh, the lawyer who wrote Starr's report on the Monica Lewinsky investigation, who had as much litigation or prosecutorial experience as Fisher or Myers, pretty much none, yet who found himself appointed to the Washington District Appeals Court, much to the chagrin of members of the Senate Judiciary Committee who considered him to be completely unqualified for the job.

Julie Meyers was not the one who approved these and other appointments to Gonzalez' White House staff. That privilege fell to, or was arrogated by, David S. Addington, who at the time was Vice-President Cheney's personal counsel. Addington took over Libby's Chief of Staff slot when Libby was indicted. This story is recounted in a Washington Post article from January 4th 2005 in the period before the Gonzalez nomination hearings.

Addington of course is notorious, as this article describes, as the leading bureaucratic infighter for the unitary view of the presidency and war-time absolutism. Addington interviewed candidates for the position of Gonzalez' deputy, attended morning meetings of Gonzalez' staff, and drafted memos which would go out in the name of others.

Gonzalez had come to Washington from the Texas Supreme Court, where he had been elected in 1999 after two years service as Secretary of State, an appointment made after another two years service as George Bush's personal counsel. Prior to that appointment Gonzalez was a partner at the Austin law firm of Vinson and Elkins, one of the country's largest. Another partner of Vinson and Elkins was in Bush's administration as Governor of Texas. This was John L. Wood.

This John L. Wood also went to Washington in early 2001 for he had been appointed to the Bush Cheney environment transition team. But that was not all he did. This Vinson and Elkins partner was involved with the energy task force headed by Dick Cheney, former boss of the Vinson and Elkins client corporation Halliburton. One of Gonzalez first task in the office of Counsel to the President was to prevent the disclosure of information about that task force through the judicial process. When he went to Justice, it was after Justice had been compelled to open the Halliburton dossier which as yet remains unresolved.

Halliburton provided work for the tax, appellate and mergers and acquisitions departments of Vinson and Elkins, and probably many others. Donald F Wood, one time administrative partner responsible for representing clients involved in tax disputes with the Federal government, recounted how, in two cases of tax deficiency, where Halliburton owed more than $100 million, he reduced their eventual payment to less than 5% of the total amount. As noted Halliburton contributed to Gonzalez election campaign.  Gonzalez was involved in decisions which benefited Halliburton, and another major Texas energy player, the Enron corporation which was also a client of the Vinson and Elkins law firm.

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Thank you Chris for taking us down "memory lane"...only my memory is a little fuzzy.

I am really a little confused......Ken Starr is still doing the bidding of the powerful...it's just kinda hard to figure out the "bait and switch" thingy........... Sarbanes-Oxley Act.

Directorship, July-August, 2006
Ken Starr Takes on PCAOB
An attack on the constitutionality of the Public Company Accounting Oversight Board.
http://www.directorship.com/publications/0706_starr.aspx

Kenneth Starr, the former special prosecutor in the Whitewater and Monica Lewinsky investigations, is attacking the constitutionality of the Public Company Accounting Oversight Board (PCAOB, or "Peekaboo") on behalf of the Free Enterprise Fund, a libertarian business group. Now dean of the law school at Pepperdine University in Malibu, Ca., Starr spoke with Directorship Editor in Chief William J. Holstein just days before the start of legal proceedings in Washington. Here are excerpts from the conversation from June:

Directorship: Why are you arguing that the PCAOB is unconstitutional?...................



by avahome on Mon Mar 05, 2007 at 10:25:20 AM EST
You know you're probably right about this. It would be good to do a where they were, where they are now kind of thing wouldn't it. Starr was so close to the tobacco companies.
http://www.pbs.org/newshour/bb/whitewater/starr_4-23.html

I think he was there in the senate the day all the CEO's admitted what they were doing with nicotine levels.

Sentelle's from North Carolina, where they've tried to diversify away from the leaf

http://www.wsws.org/articles/2007/feb2007/sent-f24.shtml

Mc Callum you know was the official who got the fines reduced from $130 billion http://www.washingtonpost.com/wp-dyn/content/article/2006/06/01/AR2006060101678.html

by Chris White on Mon Mar 05, 2007 at 12:14:42 PM EST
[ Parent ]

The DC Court of Appeals is considered the second most influential court in the US, behind only the Supreme Court, and in his 20 years on the court Sentelle has consistently used his position to promote right-wing positions. He has, in particular, advocated a narrow interpretation of the US Constitution's Commerce Clause so as to attack government regulation of business on environmental and other matters.

So much for impartiality!!!!!!!! Litmus test anyone?

by avahome on Mon Mar 05, 2007 at 12:24:22 PM EST
[ Parent ]

Another way to look at Clinton's anti-tobacco campaign is as the minimum health care program the Gingrichites would let him get away with. Reducing the number of smokers made a significant difference to the health of people, especially if they also exercised and ate right, and also had an effect on future health care costs. Preventive health care. Really though someone has to bite the bullet on a one payer public insurance program for everyone

by Chris White on Mon Mar 05, 2007 at 05:34:23 PM EST
[ Parent ]
we have a boatload of info on this on ePMi!

by avahome on Mon Mar 05, 2007 at 01:26:22 PM EST
[ Parent ]
http://blogs.abcnews.com/theblotter/

Last June, following a lengthy trial, DOJ officials announced they were cutting the amount of damages they were seeking from tobacco companies, from $130 billion to $14 billion.

That decision prompted the lead attorney in the government's case, Sharon Eubanks, pictured above, to quit, saying that Bush political appointees undercut the government's case against big tobacco.

"The amount sought by the U.S. government was dictated by the political appointees of the Department of Justice," Eubanks, a 22-year veteran, told ABC News last year. "It was very difficult to work with political officials," she said, "I did not receive their support or encouragement."

(my emphasis added)

Wonder what Ms. Eubanks is doing now?

by avahome on Mon Mar 05, 2007 at 01:38:59 PM EST
[ Parent ]

Boy there's a bunch of info here - is this a shadow goverment at work?

The new Whitewater independent counsel announced today that he was reorganizing the office and had hired four new lawyers to handle the growing case. The reorganization reflects the fact that the new counsel, Kenneth W. Starr, has limited trial experience, unlike Robert B. Fiske Jr., the man he replaced more than a month ago. (can anyone name these 4 lawyers?)

Boy there's a bunch of info here:
nytimes

Mr. Starr's Duty to Resign:
When a special Washington court replaced Robert Fiske with Kenneth Starr as Whitewater independent counsel two weeks ago, the judges specifically cited the need for the appearance, as well as the reality, of impartial justice. But it is now clear that the chairman of that panel, Judge David Sentelle, violated the court's own standard for purity of appearances by meeting with a Senator eager to have the court dump Mr. Fiske as counsel. For that reason, the appointment of Mr. Starr is fatally tain...

August 18, 1994 Opinion Editorial
Times Select Content Three Judges Spurn Protest On Whitewater Prosecutor
By DAVID JOHNSTON,

The three-judge panel that selected Kenneth W. Starr as the Whitewater independent prosecutor issued an order today that in effect<b< brushed aside a complaint about the appointment from a senior Democratic Senator. The Senator, Carl Levin of Michigan,</b> wrote to the panel on Friday urging the members to ask Mr. Starr for a full accounting of his recent partisan activities and issue an opinion stating whether he could fairly investigate a case involving a Democratic President.

(my emphasis added)

by avahome on Mon Mar 05, 2007 at 10:58:29 AM EST
I think that's how its pronounced! He's still in the news isn't he? don't see many photographs though because he forgets to change his sheets!

by Chris White on Mon Mar 05, 2007 at 12:02:14 PM EST
[ Parent ]

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