Truthout: DOJ Emails Illustrate Plan to Mislead Congress

[babylonsister]

http://www.truthout.org/docs_2006/032907J.shtml

DOJ Emails Illustrate Plan to Mislead Congress
By Jason Leopold
t r u t h o u t | Report

Thursday 29 March 2007

Embattled Attorney General Alberto Gonzales and his closest advisers have stated repeatedly over the past two months that the selective firings of eight United States attorneys last year were justified because President Bush has the authority to purge federal prosecutors at will, a fact that is not under dispute.

However, the common thread in the thousands of pages of documents released by the Department of Justice in conjunction with a Congressional probe into the US attorney dismissals is that top officials in the DOJ who worked behind the scenes believed that they were doing something improper in selectively dismissing the attorneys and acted with a clear intent to deceive lawmakers if any questions into reasons for the firings arose.

Instead of pointing to the president's broad discretion to fire the prosecutors, Justice officials conceived a plan that they would execute on a specific date and time, and then cooked up a story that they all agreed upon in the event that their actions were scrutinized. Simply put, some former US attorneys argue, the emails and other documents released last week demonstrate that prior to the day the firings took place, officials in the Justice Department appeared to be acting under a guilty state of mind.

The state of mind of officials involved in the firings is part of the reason the US attorney purge has turned into a full-blown political scandal and has led to Congressional hearings.

There "seems to be an awareness that the various officials involved in the process knew they were putting out misinformation in large measure; that is, this is evidence of an intent to deceive," said Michael E. Clark, a former US attorney for the Southern District of Texas. "It may not be criminally actionable, but arguably there could be a civil remedy available to those who were on the receiving end - such as for defamation of character. This episode has gained traction in my eyes for the same reason that spelled the fate of former President Nixon during Watergate. The deception is inexcusable, and particularly so when it wasn't necessary; instead, had Gonzales and others been more forthright, then this could have been a tempest in a teapot."

Other former federal prosecutors said the fact that Justice Department officials drafted a document titled "Plan for Replacing Certain U.S. Attorneys" and then allegedly fabricated a set of talking points for the media and lawmakers in the form of employment evaluations showing that the eight US attorneys in question were performing poorly is a clear indicator that DOJ officials knew what they were doing was questionable at best.

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[cassiepriam]

1. I hope the underlings remember what happened to Libby....