"Larry, we miss you. . . . Don't get too comfortable.":
Both Andrew Sullivan and Josh Marshall are speculating about who might replace Attorney General Alberto Gonzales if Gonzales is forced to step down. I think the most likely pick would be Larry Thompson, the Deputy AG (the #2 person at Justice) from 2001 to 2003. Thompson was in the running for the AG slot last time, and he was also mentioned as a possible Supreme Court pick in 2005. However, Thompson was passed over both times and now serves as General Counsel of PepsiCo.
Thompson seems like a natural pick if Gonzales is forced out. On one hand, he's an experienced former insider who is apparently very well-liked in the Administration. On the other hand, he has enough independence from the Administration (having been out of government for 4 years, and himself being a former U.S. Attorney) that it would give DOJ a fresh start.
Of course, we don't yet know Gonzales's future, so right now this is just a hypothetical question. But hey, we law professors love our hypothetical questions. (Incidentally, the title of the post is a quote from a speech president Bush gave in 2005 in Buffalo, as detailed in this story.)
Thompson seems like a natural pick if Gonzales is forced out. On one hand, he's an experienced former insider who is apparently very well-liked in the Administration. On the other hand, he has enough independence from the Administration (having been out of government for 4 years, and himself being a former U.S. Attorney) that it would give DOJ a fresh start.
Of course, we don't yet know Gonzales's future, so right now this is just a hypothetical question. But hey, we law professors love our hypothetical questions. (Incidentally, the title of the post is a quote from a speech president Bush gave in 2005 in Buffalo, as detailed in this story.)
How could we forget...
Was Thompson, as Deputy AG, aware of the administration's move toward legalizing torture -- okay, waterboarding?
Was Thompson, as DAG, aware of domestic spying?
What did Thompson know and when did he know it?
I think LT would rather kick back and sip a Pepsi than face the flack sure to be fired his way.
And as Margate suggests, Thompson would have to be pretty damn bored with the cola trade to subject himself to the confirmation hearings.
Given Fred Thompson's recent statements, including his recent statements backing the firings of the US Attorneys, he'd be unconfirmable. I doubt he'd want the job in any event.
As per Thompson, he's eminently confirmable, but I doubt the administration would want someone that is widely considered fairly independant and moderate.
The troubles at DOJ are much broader and deeper than the U.S. attorney controversy, and stem from the same root cause: Bush's cynical contempt for the law as something to be gamed to his advantage. There is a festering mess created by the lawyering that rationalized torture and warrantless surveillance, and avoids judicial review or even normal ethical scrutiny.
I think Bush is more like Nixon than Ford, and would have no interest in a truly independent and principled attorney general. A DOJ insider with a record on the accumulated controversies would have confirmation problems. Bush would probably look for an outsider who nevertheless is, in the DOJ vernacular of our time, a "loyal Bushie."
And then the administration can run out the clock: "All this should be done in 'good faith' of course."
Who wants that job?
The attorney general should not be independent. He is the adminsitration's chief legal officer. His priorities in litigation and prosecution should be in furtherance of the administration's overall policies. Being part of this or any other administration does not connote lack of professionalism
If the administrations wants to make voter fraud a priority, the local US attorneys should be on board. There is a limit to this, of course. I'm not proposing that the Justice Department ignore corruption and abuse by the party in power. This crosses the line from the independence question to the professionalism question.
What if the Administration wants to prosecute "voter fraud" not because it thinks there is a real problem, but rather because the Administration thinks such prosecutions can help the party in future elections?
Imagine this conversation:
AG: USA, We need to help the GOP in 2008. We need you to to prosecute some voter fraud cases to make sure we win your state in the next election.
USA: But I don't see any actual voter fraud crimes out there. This is B.S.
AG: Listen, USA, I didn't ask if you saw any actual voter fraud crimes. I said you need to bring some prosecutions. If you're not on board, we will replace you.
Tell us, MDJD2B, is this a question of "loyalty" or "professionalism"?
I was mostly kidding, but those remarks, by the way, consisted of:
The Attorneys serve at the pleasure of the president. They have ethical obligations -- as any professional does -- but not conducting investigations because the one possible result of the investigation might help their boss is not among them.I am shocked, shocked that politics are involved in, um, politics.
Criminal prosecutions are not, um, politics.
Actually, no. The attorney general is the government's chief legal officer.
Gonzales claimed to to acknowledge that distinction at his confirmation hearing: “I will no longer represent only the White House,” he testified in 2005. “I will represent the United States of America and its people. I understand the differences between the two roles.” Unfortunately, he did not fulfill that promise.
MDJD2B, purporting to respond to my comment above, ignored its principal thrust, which was that the problem of lack of independence at DOJ is much more general than the controversy over firing U.S. attorneys.