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An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General
U.S. Department of Justice An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General U.S. Department of Justice U.S. Department of Justice Office of Professional Responsibility Office of the Inspector General July 28, 2008 TABLE OF CONTENTS TABLE OF CONTENTS ................................................................................ i CHAPTER ONE INTRODUCTION................................................................. 1 I. Scope of the Investigation.................................................................. 1 II. Methodology of the Investigation ....................................................... 2 III. Organization of this Report ............................................................... 3 CHAPTER TWO BACKGROUND.................................................................. 5 I. Monica Goodling ............................................................................... 5 II. Kyle Sampson ................................................................................... 6 III. Susan Richmond and Jan Williams................................................... 7 IV. Department Components and Personnel ........................................... 7 V. Hiring Standards ............................................................................ 11 A. Department Career and Political Attorney Positions ............... 11 B. Legal Standards..................................................................... 12 CHAPTER THREE GOODLING’S ROLE -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, FIRST SESSION Vol. 153 WASHINGTON, MONDAY, MARCH 19, 2007 No. 47 Senate The Senate met at 2 p.m. and was appoint the Honorable MARK L. PRYOR, a After all, this was a President who called to order by the Honorable MARK Senator from the State of Arkansas, to per- won two elections by the barest of mar- L. PRYOR, a Senator from the State of form the duties of the Chair. gins, first by the Supreme Court. Yet Arkansas. ROBERT C. BYRD, after 9/11, instead of uniting the coun- President pro tempore. try, he has chosen to push the envelope PRAYER Mr. PRYOR thereupon assumed the of his authority. On everything from The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. the runup to the war in Iraq, to the fered the following prayer: f plan to destroy Social Security, to the Let us pray: RECOGNITION OF THE MAJORITY use of warrantless wiretapping, this ad- Lord, You have promised to work for LEADER ministration has governed without the good of those who love You. Work compromise. in the lives of our lawmakers, The ACTING PRESIDENT pro tem- The political purge of U.S. attorneys strengthening them for every problem, pore. The majority leader is recog- is only the latest example of this Presi- trial, and temptation they face. Open nized. dent’s unhealthy disregard for checks their eyes to see Your hand at work f and balances. -
Print: Bush's Plan to Erode Our Liberties
Print: Bush's Plan to Erode Our Liberties http://www.thenation.com/doc/20070625/huq/print Bush's Plan to Erode Our Liberties by AZIZ HUQ June 8, 2007 Early this week, judge advocates halted two prosecutions in the Guantánamo military commissions established under the 2006 Military Commissions Act (MCA). This is not the first setback the Administration's second-tier court system has hit; the Supreme Court invalidated an earlier iteration of the commissions in 2006. And it won't be the last. But while this week's setback likely will be speedily surmounted, it casts an unexpected light on the MCA's real purposes, and what's at stake when the Bush Administration plays politics with national security. Understanding the significance of this week's ruling means delving into a bit of procedural arcana. The devil in the MCA is, almost literally, in the details--and unless we attend closely to the rococo details of the statute, we'll miss the ways in which the Administration intends to slowly erode our liberties. At the beginning of this week, the military commissions' two judges--Army Col. Peter Brownback and Navy Capt. Keith Allred--dismissed charges filed against Omar Khadr and Salim Hamdan. The rulings focused on a question of categorization--basically, the judges found that Khadr and Hamdan had been wrongly classified. But how did this happen? The MCA, which created the military commissions, states that only an alien who is an "unlawful enemy combatant" can be tried in a military commission. It also defines "unlawful enemy combatants" in tremendously sweeping terms to include anyone who has "materially supported hostilities." Many civil libertarians, including myself, expressed grave concerns about the scope of this provision. -
The Personal Jurisdiction of Military Commissions1 (August 9, 2008)
Taking Liberties: The Personal Jurisdiction of Military Commissions1 (August 9, 2008) Madeline Morris2 with Yaniv Adar, Margarita Clarens, Joshua Haber, Allison Hester-Haddad, David Maxted, James McDonald, George (‘Wes’) Quinton, Dennis Schmelzer, and Jeffrey Ward I. Introduction On September 11, 2001, Al Qaeda operatives attacked civilian and military targets on US territory, causing thousands of deaths and billions of dollars of economic loss. The next day, the United Nations Security Council unanimously adopted Resolution 1368 characterizing the attack by Al Qaeda as a “threat to international peace and security” and recognizing the right of states to use armed force in self defense.3 NATO, for the first time in its history, invoked the obligation of collective self defense under Article 5 of the NATO Treaty.4 On September 14, the US Congress passed the Authorization for the Use of Military Force, authorizing the President to use “all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks. .” 5 Terrorism, conceived until then as crime, was reconceived—as war. On November 13, 2001, invoking the law of war, President Bush announced that enemy combatants in the US “war on terror” would be subject to trial by military commission—a form of military tribunal last convened in the aftermath of World War II. Issuing a Presidential Military Order (PMO), he stated: 1 © Madeline Morris 2007. 2 Professor of Law, Duke Law School. 3 S.C. Res. 1368, U.N. SCOR, 56th Sess., 4370th mtg., U.N. Doc. S/RES/1368 (Sept. 12 2001). -
Rethinking the Identity and Role of United States Attorneys
Rethinking the Identity and Role of United States Attorneys Sara Sun Beale* The reputation and credibility of the Department of Justice were badly tarnished during the Bush administration. This article focuses on concerns regarding the role of partisan politics.1 Critics charge that during the Bush administration improper partisan political considerations pervasively influenced a wide range of decisions including the selection of immigration judges, summer interns and line attorneys; the assignment of career attorneys to particular details; the evaluation of the performance of United States Attorneys; and the decision whether and when to file charges in cases with political ramifications. The Inspector General’s lengthy and highly critical reports have substantiated some of these charges.2 The first two Inspector General (IG) Reports found that the Department improperly used political criteria in hiring and assigning some immigration judges, interns, and career prosecutors.3 The third report * Charles L.B. Lowndes Professor, Duke Law School, Durham, N.C. I would like to acknowledge the outstanding research assistance provided by Michael Devlin, Meghan Ferguson, Amy Taylor, and Molly Brownfield, and the helpful comments of Norman Abrams, Albert Alschuler, Rachel Barkow, Anthony Barkow, Candace Carroll, Colm Connolly, Ronald Goldstock, Bruce Green, Lisa Kern Griffin, James Jacobs, Susan Klein, Daniel Richman, and Adam Safwat. Of course any errors are my own. 1 Other serious concerns about the Department have been raised, particularly in connection with its role in the war on terror. For example, the Department has been the subject of intense criticism for legal analysis that led to the authorization of brutal interrogation techniques for detainees. -
Should Lawyers Be Permitted to Violate the Law?
MILITARY LAWYERING AT THE EDGE OF THE RULE OF LAW AT GUANTANAMO: SHOULD LAWYERS BE PERMITTED TO VIOLATE THE LAW? Ellen Yaroshefsky* I. INTRODUCTION “Where were the lawyers?” is the familiar refrain in the legal profession’s reflection on various corporate scandals.1 What is the legal and moral obligation of lawyers who have knowledge of ongoing illegality and criminal behavior of their clients? What should or must those lawyers do? What about government lawyers who have knowledge of such behavior? This Article considers that question in the context of military lawyers at Guantanamo—those lawyers with direct knowledge of the treatment of prisoners at Guantanamo, treatment criticized throughout the world as violative of fundamental principles of international law. In essence, where were the lawyers for the government and for individual detainees when the government began to violate the most fundamental norms of the rule of law? This Article discusses the proud history of several military lawyers at Guantanamo who consistently demonstrated an unwavering commitment to the Constitution and to the rule of law. They were deeply offended about the actions of the government they served as it undermined the fundamental premises upon which the country was formed. Their jobs placed them at the edge of the rule of law and caused consistent crises of conscience.2 These military lawyers typically are not * Clinical Professor of Law and Director of the Jacob Burns Ethics Center at the Benjamin N. Cardozo School of Law. Sophia Brill, a brilliant future law student, deserves significant credit for her invaluable work on this Article. -
Katz, Marshall & Banks
KA, MASA & AKS, LLP By Hand-Delivery July I5, 2010 The Honorable Deborah A. Robinson U.S. District Court for the District of Columbia 333 Constitution Avenue, N.W. Washington, DC 2000I Re: United States of America v. Scott J. Bloch., No. I:10-mj-00215-DAR Dear Magistrate Judge Robinson: As attorneys for the individuals and groups harmed by Scott Bloch's unlawful conduct in the above-captioned case', we are writing to offer a victim impact statement for your consideration in Mr. Bloch's upcoming sentencing on July 23, 2010. As detailed in a federal complaint filed in March 2005, which is still under investigation by the Inspector General at the federal Office of Personnel Management (OPM IG), Mr. Bloch engaged in serious abuses of power in his role as Special Counsel, retaliated against federal employees who sought to prevent or expose his abuses, and then obstructed the ongoing investigation by deleting information from his computer. While Mr. Bloch has now pled guilty to his final act of unlawful conduct — willfully withholding pertinent information from a congressional investigation into the matter — this charge understates the true scope and impact of Mr. Bloch's unlawful conduct. We understand the U.S. Attorney's Office intends to support a request by Mr. Bloch that he receive a sentence of only probation. On behalf of the victims of Mr. Bloch's unlawful conduct, we would oppose such a light sentence. We believe such a sentence would not appropriately reflect the severity of Mr. Bloch's admitted actions and would represent a miscarriage of justice in this case. -
Depoliticizing the Interim Appointments of US Attorneys
LIVE AND LEARN: DEPOLITICIZING THE INTERIM APPOINTMENTS OF U.S. ATTORNEYS t Laurie L. Levenson The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.' I. INTRODUCTION U.S. Attorneys play a special role in our federal criminal justice system. As the representatives of the federal government, they have the responsibility of enforcing federal laws in their respective districts.2 3 Although U.S. Attorneys serve "at the pleasure of the President," the4 goal is to have a fair and impartial prosecutor administering the laws. The recent firing of eight U.S. Attorneys has called into question at- tempts to politicize the role of this vital Office. By attempting to give the Attorney General the power to make indefinite interim appointments, I Professor of Law, William M. Rains Fellow & Director, Center for Ethical Advocacy, Loyola Law School. Thank you to John McKay, a man of true integrity, for inviting me to participate in the Symposium at Seattle University School of Law. His courage, as well as that of his fellow U.S. Attorneys, Paul Carlton, David Iglesias, Bill Cummins III, and Carol Lam, should serve as an inspi- ration for others dedicated to public service. I also wish to extend my gratitude to the editors of the Seattle University Law Review and to my wonderful research assistants, Emil Petrossian, Lindsay Meurs, William Smyth, and Mary Gordon. -
Boumediene V. Bush and Extraterritorial Habeas Corpus in Wartime
Boumediene v. Bush and Extraterritorial Habeas Corpus in Wartime by RIDDHI DASGUPTA* How did the United States Supreme Court, in Boumediene v. Bush,' come to the conclusion that the detention facility in Guantdnamo Bay, Cuba, is indeed American territory for the purpose of habeas corpus? Why did the Court extend habeas to non-citizens as well? Which legal provisions and precedents guided the Supreme Court's analysis? The U.S. Constitution's Suspension Clause, precluding the suspension of habeas corpus except in well-defined and discrete national security urgencies, is the controlling trump card raised by the detainees. This Commentary sets the stage for a multivariable conversation about the interplay among separation of powers, rejection of executive supremacy, historic status of habeas corpus, and other factors that guided the Court. The federal habeas statute, 28 U.S.C. § 2241, extends to Guantdnamo because of practical considerations, not necessarily formal ones; and the consequences of excluding habeas corpus from Guantdnamo would have been devastating for judicial independence. The Commentary also references English and American legal history transcending pre- and post- 1789 to explore the competing merits on habeas's reach to Guantdnamo. Furthermore, in the end, the cause of judicial restraint would be harmed by the mechanism of governmentally approved trials (with lives and freedom at stake) that treat citizens and non-citizens differently concerning the right of habeas corpus. Finally, this Commentary also advances the overarching theme that Boumediene is essentially a civil liberties case and should be perceived as such for prudential reasons. Boumediene retains three central tenets: the * Doctoral student, University of Cambridge. -
Complaint of Prohibited Personnel Practices Against Special Counsel Scott Bloch
COMPLAINT OF PROHIBITED PERSONNEL PRACTICES AGAINST SPECIAL COUNSEL SCOTT BLOCH Submitted by: Debra S. Katz, Esqu re Rashida Adams, Esquire Bernabei and Katz, PLLC 1773 T Street, NW Washington, D.C. 20009 (202) 745-1942 Counsel for: Anonymous Career Employees of the U.S. Office of Special Counsel The Government Accountability Project The Human Rights Campaign Public Employees for Environmental Responsibility The Project on Government Oversight March 3, 2005 STATEMENT IN SUPPORT OF COMPLAINT OF PROHIBITED PERSONNEL PRACTICES AGAINST U.S. SPECIAL COUNSEL SCOTT J. BLOCH I. INTRODUCTION This statement is filed pursuant to 5 U.S.C. § 1214 in support ofthe attached complaints alleging the commission ofa series ofprohibited personnel practices as well as violations ofcivil service laws, and other acts ofmalfeasance by U.S. Special Counsel Scott J. Bloch. l A. The Complainants There are two groups ofcomplainants: 1. An alliance ofpublic interest organizations that have a strong and direct interest in assuring that OSC impartially and effectively performs its mission of promoting the merit system and protecting whistleblowers against retaliation. These organizations are the Government Accountability Project, the Project on Government Oversight, Public Employees for Environmental Responsibility, and the Human Rights Campaign. OSC has jurisdiction over the complaints ofthese organizations pursuant to 5 U.S.C. § 1214(a)(l)(A), which provides that "the Special Counsel shall receive any allegation ofa prohibited personnel practice and shall investigate -
Plaintiffs' Counsel Has Stated That Plaintiffs Will Oppose This Motion. in the UNITED STATES DISTRICT COURT for the DISTRICT O
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ELOUISE PEPION COBELL, et al.,) ) No. 1:96CV01285 Plaintiffs, ) (Judge Robertson) v. ) ) DIRK KEMPTHORNE, Secretary of ) the Interior, et al., ) ) Defendants. ) ) DEFENDANTS’ MOTION IN LIMINE TO EXCLUDE ALL EXHIBITS AND PROPOSED TESTIMONY IDENTIFIED IN PLAINTIFFS’ PRETRIAL STATEMENT THAT ARE OUTSIDE THE SCOPE OF MATTERS TO BE CONSIDERED AT THE OCTOBER 10, 2007 TRIAL Pursuant to Rule 104(a) of the Federal Rules of Evidence, Defendants respectfully move this Court for an order in limine excluding all exhibits and proposed testimony identified in Plaintiffs’ Pretrial Statement that are related to matters outside the scope of the October 10, 2007 trial.1 Plaintiffs have listed 4435 exhibits, the majority of which involve disparate and irrelevant subjects such as IT security, asset management activities and other topics far afield from accounting issues. In their Pretrial Statement, Plaintiffs also identify 53 proposed witnesses (while reserving the right to call an untold number of unidentified witnesses from “corporate entities”), and designate the testimony from prior proceedings of 53 witnesses, most of which would be offered on the same irrelevant topics. Defendants seek an order in limine to exclude such proposed irrelevant evidence for the reasons set forth below. 1/ Plaintiffs’ counsel has stated that Plaintiffs will oppose this motion. INTRODUCTION Pursuant to Rule 16 of the Federal Rules of Civil Procedure, this Court is authorized to conduct pretrial conferences “for such purposes as . discouraging wasteful pretrial activities [and] improving the quality of the trial through more thorough preparation.” Fed. R. Civ. P. 16(a)(3)-(4). -
Jones-Voir-Dire
Voir DIRE_2 (A.WEISS) (Do Not Delete) 12/5/2013 2:48 PM HASTINGS LAW JOURNAL VOIR DIRE A TRIUMPH OF ILL-CONCEIVED LANGUAGE: THE LINGUISTIC ORIGINS OF GUANTANAMO’S “ROUGH JUSTICE” BRIAN CHRISTOPHER JONES, PHD* The Terror Courts: Rough Justice at Guantanamo Bay. By Jess Bravin. New Haven and London: Yale University Press. 2013. Pp. 1, 440. Cloth, $30. INTRODUCTION “The American story,” Bush said, was “a story of flawed and fallible people, united across the generations by grand and enduring ideals.” “We are not this story’s author, who fills time and eternity with His purpose,” the president continued. “Never tiring, never yielding, never * Postdoctoral Research Fellow, Institutum Iurisprudentiae, Academia Sinica; PhD in Law, University of Stirling (2012). The author wishes to thank the Hastings Law Journal staff for their professionalim and assistance throughout the publication process. [1] Voir DIRE_2 (A.WEISS) (Do Not Delete) 12/5/2013 2:48 PM 2 HASTINGS LAW JOURNAL VOIR DIRE [October 2013 finishing, we renew that purpose today, to make our country more just and generous, to affirm the dignity of our lives and every life.” President George W. Bush, Jan. 20, 20011 Throughout the years, the Naval Base at Guantanamo Bay has witnessed an abundance of intriguing linguistic words and phrases. For example, “Freedom Vanilla” replaced French Vanilla ice cream in the mess hall,2 and the area where journalists and others were often sequestered during their visits to the base was re-named “Camp Justice.”3 The list goes on. However, the language that has had the most significant impact throughout the years has been the words and phrases used in the administration of justice regarding the detainees being held on terrorism charges.