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 Thursday, May 14, 2009 01:37 PM
  Gonzales Update!

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Gonzales Aides Broke Laws in Hiring, Report Concludes

By ERIC LICHTBLAU

Senior aides to former Attorney General Alberto Gonzales broke the law by using politics to guide their hiring decisions for a wide range of important department positions, slowing the hiring process at critical times and damaging the department’s credibility and independence, an internal report concluded Monday.

The report, prepared by the Justice Department’s inspector general and its internal ethics office, singles out for particular criticism Monica Goodling, a young lawyer from the Republican National Committee who rose quickly through the ranks of the department to become a top aide to Mr. Gonzales.

Ms. Goodling, who testified before Congress in May 2007 at the height of the scandal over the firings of nine United States attorneys, introduced politics into the hiring process in a systematic way that constituted illegal misconduct, the report found.

Last month, the inspector general, Glenn A. Fine, released a separate report that found a similar pattern of politicized hiring at the Justice Department in reviewing applications from young lawyers for the honors and intern programs. The new report released Monday goes much further, however, in documenting pervasive evidence of political hiring for some of the department’s most senior career, apolitical positions, including immigration judges and assistant United States attorneys.

The inspector general’s investigation found that Ms. Goodling and a handful of other senior aides to Mr. Gonzales developed a system of using in-person interviews and Internet searches to screen out candidates who might be too liberal and to identify candidates seen as pro-Republican and supportive of President Bush.

When interviewed by the inspector general, Mr. Gonzales said he was not aware that Ms. Goodling and other aides were using political criteria in their decisions for career positions. Mr. Gonzales resigned last summer in the face of mounting accusations from congressional Democrats that politics had corrupted the department.

His successor, Attorney General Michael Mukasey, said in a statement Monday after the report’s release that he was disturbed by their findings that improper political considerations were used in hiring decisions relating to some career employees.

“I have said many times, both to members of the public and to Department employees, it is neither permissible nor acceptable to consider political affiliations in the hiring of career Department employees,” he said. “And I have acted, and will continue to act, to ensure that my words are translated into reality so that the conduct described in this report does not occur again at the Department.”

He said that over the course of the last year and a half, the Justice Department has made institutional changes to remedy the problems discussed in today’s report.

“It is crucial that the American people have confidence in the propriety of what we do and how we do it,” he said, “and I will continue my efforts to make certain they can have such confidence.”

An attorney for Ms. Goodling, John Dowd, did not return a phone message Monday.

In her position as White House liaison for the Justice Department, Ms. Goodling was involved in hiring lawyers for both political appointments and non-political, career positions. Regardless of the type of position, the report said, Ms. Goodling would run through the same batch of questions, asking candidates about their political philosophies, why they wanted to serve President Bush, and who, aside from Mr. Bush, they admired as public servants. Sometimes, Ms. Goodling would ask: “Why are you a Republican?”

Such questioning was allowed for candidates to political appointments, but was clearly banned under both civil service law and the Justice Department’s own internal policies, the inspector general said. Ms. Goodling’s questioning also generated complaints from one senior official who believed it was improper, long before the issue became a public controversy following the firings of nine United States attorneys. The inspector general concluded that Ms. Goodling knew that questioning applicants to career positions about their political beliefs was improper.

In one case, for instance, Ms. Goodling slowed the hiring of a prosecutor in the United States attorney’s office in Washington, D.C., for a vacancy because she said she was concerned that he was a “liberal Democrat.” After the United States attorney, Jeffrey Taylor, complained to her supervisors, he was allowed to hire the candidate anyway.

And in another case, colleagues said that Ms. Goodling refused to extend the appointment of a female prosecutor because she believed the lawyer was involved in a lesbian relationship with her supervisor, according to the report.

And in another case cited by the inspector general, Ms. Goodling blocked the hiring of an experienced prosecutor for a senior counter-terrorism position because his wife was active in Democratic politics. The candidate was regarded as “head and shoulders above the other candidates” in the view of officials in the executive office of United States attorneys, but they were forced to take a candidate with much less experience because he was deemed acceptable to Ms. Goodling.

In forwarding a résumé in 2006 from a lawyer who was working for the Federalist Society, Ms. Goodling sent an e-mail message to the head of the Office of Legal Counsel, Steven Bradbury, saying: “Am attaching a résumé for a young, conservative female lawyer.”

Ms. Goodling interviewed the woman herself for possible positions and wrote in her notes such phrases as “pro-God in public life,” and “pro-marriage, anti-civil union.” She was eventually hired as a career prosecutor.

Ms. Goodling also conducted extensive searches on the Internet to glean the political or ideological leanings of candidates for career positions, the report found. She and other Justice Department supervisors would look for key phrases like “abortion,” “homosexual,” “guns,” or “Florida re-count” to get information on a candidate’s political leanings.

 

Alberto Gonzales Heckled at University of Florida Speech [VIDEO]

Alberto Gonzales Heckled at University of Florida Speech [VIDEO]

Gonzales' first stop on a nationwide college speaking tour got off to a very rocky start, as he had to endure shouts of "criminal" and "liar" throughout his speech. Read more Â»

The campaign to remove Attorney General Alberto Gonzales heats up this week and you can help... right now!
The Senate could hold a no-confidence vote as early as today. The resolution is non-binding and symbolic, but it will put Senators on record and send a strong message to President Bush.  Make sure your Senators know you want them to support the no-confidence vote:
 Senator Gordon Smith  (202) 224-3753
Senator Ron Wyden  (202) 224-5244

This vote puts us one step closer to removing Alberto Gonzales and restoring integrity to the U.S. Department of Justice. But George Bush is still blocking the way. This morning the President continued to stand by his man, saying:  "They can have their votes of no-confidence but it's not going to make the determination about who serves in my government."  Call your Senators today. Tell them they have the power to challenge President Bush and remove Alberto Gonzales. After you call, sign the Impeach Gonzales petition that will be delivered to your representative in the next few days:  http://www.ImpeachGonzales.org

This piece will appeared on the Huffington Post Monday, June 11th, 2007

Demand Accountability
Demand Accountability:

With Attorney General Alberto Gonzales at the helm, the United States Justice Department has become a contradiction in terms. Under his leadership the Constitution and the rights of Americans have been consistently undermined. Sign the petition to Restore Our Constitutional Rights to send a loud and clear message to Congress: it's time to restore the Constitution and respect for the rule of law.

On June 26th, we'll be delivering our petitions in person during our Day of Action. We've already collected nearly 70,000 signatures -- help us reach our goal of 100,000 signatures. Sign the petition today.

The Woeful Gonzales Record
By Anthony D. Romero

An Open Letter to Members of the Senate:

As you move towards the debate and no-confidence vote on Attorney General Alberto Gonzales I hope you will carefully review his woeful record and its recurring theme: Alberto Gonzales as George W. Bush’s Number One “Yes” Man.

From the beginning, Gonzales has sought to shape the law according to the president's wishes. Through his legal maneuvering, he has authorized criminal behavior as White House counsel and refused to prosecute that same criminal behavior as attorney general. He created and navigated legal avenues for the president and his administration to use torture and indefinite detention. And now, as attorney general, he has refused to investigate those programs.

As the ACLU details in a newly updated report on the Attorney General’s civil liberties record, he has abdicated his responsibility to protect the rights of Americans, and exercises a cynical view of what he seems to consider petty matters like the rule of law and the Constitution. Calls for Congressional oversight yield only uncooperative and misleading testimony.

But the testimony of others has been far more revealing. Take the riveting words of former Deputy Attorney General James Comey, who described how, like in a scene out of a bad novel, then-White House counsel Gonzales and then-White House Chief of Staff Andrew Card paid a March 2004 nighttime visit on a gravely ill and heavily sedated Ashcroft, lying in his intensive care unit hospital bed. Gonzales and Card tried unsuccessfully to persuade Ashcroft to reauthorize President Bush’s domestic surveillance program, which the Justice Department had just determined was illegal. Is browbeating a gravely ill man in pursuit of a lawless policy the action of a responsible and upright office holder? Of course not -- although it does yield the startling nugget that, for a brief shining moment, Attorney General John Ashcroft was actually on the ACLU’s side of an issue.

And consider how Gonzales has repeatedly stood up in favor of the prison at Guantanamo Bay, Cuba, a facility where the denial of habeas corpus and harsh, indefinite detention has shamed the U.S. internationally. Look too at “yes” man counsel Gonzales, writing a 2002 memorandum that referred to some Geneva Convention restrictions as “quaint” and the portion on questioning enemy prisoners “obsolete.” That’s exactly the sort of attitude that led him -- in both the White House and at Justice -- to subordinate and twist the law that permitted actual torture and abuse on America’s watch, while allowing high-level government officials to get off scot-free.

There’s much more. Under Gonzales, the Justice Department has failed to pursue violations of civil rights and voting rights laws. He has failed to investigate and prosecute criminal acts committed by civilians in the torture or abuse of detainees, failed to investigate and prosecute criminal acts and violations of the law resulting from the warrantless spying program, and championed renewal of the Patriot Act despite widespread bipartisan civil liberties concerns. His department’s own inspector general discovered that the FBI underreported, misused and otherwise abused the Patriot Act’s National Security Letter provisions.

The attorney general failed to investigate possible perjury by a top general about abusive interrogation techniques, his department reversed the findings of its panel of experts that a Georgia voter identification law would discriminate against minorities, and further failed to uphold his duties as attorney general by forcing out experienced career attorneys in Justice’s Civil Rights Division and replacing them with less experienced, political loyalists.

This didn’t just start in Washington, of course. Back home in Texas, Gonzales drafted the infamous clemency memos for Governor Bush, which failed to mention key factors in each case including evidence of innocence that supported clemency for death row inmates.

The president and the attorney general are a tight-knit crew. The attorney general provides tailor-made legal support for the president; the president reciprocates with unwavering political support. It’s a cozy relationship for those two, but disastrous for our nation and its rule of law. “No confidence” doesn’t even begin to cover it.

 

© ACLU, 125 Broad Street, 18th Floor New York, NY 10004

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A growing number of the jurists have little or no experience in that area of law. Some have strong Republican resumes.

By Richard B. Schmitt, Los Angeles Times Staff Writer   May 26, 2007

WASHINGTON � Over the last two years, U.S. Atty. Gen. Alberto R. Gonzales has appointed more than two dozen individuals as federal immigration judges.

The new jurists include a former treasurer of the Louisiana Republican Party, who was a legal advisor to the Bush Florida recount team after the 2000 presidential election. There is also a former GOP congressional aide who had tracked voter fraud issues for the Justice Department, and a Texan appointed by then-Gov. George W. Bush to a seat on the state library commission.

One thing missing on many of their resumes: a background in immigration law.

These lawyers are among a growing number of the nation's more than 200 immigration judges who have little or no experience in the law they were appointed to enforce.

The admission by former Justice Department official Monica M. Goodling this week that federal immigration judges were screened for their political credentials and loyalty to the Republican Party in possible violation of civil service laws is drawing new attention to the usually low-profile immigration bench.

The selection process that Goodling described also appeared at odds with Gonzales' own stated efforts to reform the trouble-plagued immigration-law system by bringing in experts and establishing tougher performance standards for judges.

Goodling testified that as a senior counsel to Gonzales in 2005 and 2006, she considered factors such as party affiliation and political donations when screening immigration judge applicants.

She said she did not remember in how many cases she applied such a test.

Of the 226 immigration judges around the country, 75 have been appointed during the Bush administration � 26 of them during Gonzales' tenure. The judges handled more than 300,000 cases last year, including deportation and asylum proceedings.

Immigration lawyers and judges said Goodling's revelation explained what they perceived as a growing politicization of the immigration bench in recent years.

"In the last few years, we have seen the appointment of a good number of immigration judges with no background whatsoever in immigration … which really makes you wonder how it is they are being appointed to those positions," said Crystal Williams, deputy director of programs at the American Immigration Lawyers Assn. in Washington.

In light of Goodling's testimony, Williams said, "I think we might have an answer."

Gonzales' appointment last year of an immigration judge in Arizona, Bruce A. Taylor, was one that turned heads. Taylor is considered an expert, not in immigration law but in prosecuting adult-obscenity cases. Such cases are important to social conservatives, who form an important base of support for the Republican Party.

His former colleagues adamantly defend the selection.

"He is far more qualified than most attorneys appointed to the federal bench. He is certainly capable of mastering immigration law," said Patrick Trueman, a former Justice Department obscenity prosecutor. "Federal judges handle a wide variety of issues they did not handle in their law practice. What is important is good legal judgment and experience."

The Justice Department defended the new judges as well.

"The department values temperament, analytical ability and relevant experience in the selection of immigration judges, and believes that outstanding immigration judges can come from diverse legal backgrounds," spokeswoman Cynthia Magnuson said Friday. "The department considers all applicants based on the totality of their professional records and backgrounds. Immigration judges appointed during this administration were well-qualified for their current positions."

The hiring and firing of immigration judges are covered by federal civil service laws, which prohibit discrimination based on political association.

The Justice Department has launched a widening internal review to see whether laws were broken in the hiring of the immigration judges as well as career prosecutors.

Goodling testified that she was told by another Justice official that because the judges are appointed by the attorney general, she could include political factors. Responding to her testimony, a Justice Department spokesman said Thursday that the department had never taken that view.

Considering political affiliation in filling civil service positions is a violation of the Hatch Act, which is designed to keep party politics separate from the day-to-day operations of the federal government. Such a violation could result in the firing of any employees involved in the illegal screening, and could trigger discrimination litigation by applicants who were declined positions.

Some lawmakers think standards for evaluating candidates have become too lax. Sen. Arlen Specter (R-Pa.) has proposed requiring that prospective immigration judges have at least five years of experience in immigration law before being considered for the bench.

Gonzales last year chastised immigration judges for "intemperate or even abusive" conduct toward people seeking asylum in the United States.

As part of a comprehensive review of U.S. immigration courts, he is ordering that judges be tested about their knowledge of the law and undergo periodic performance reviews.

Some immigration judges said the recent hiring of politically connected judges undermined his goal of improving the quality of the bench and its decision making.

"The irony of it is, "He has put a larger number of people with no immigration backgrounds in as judges who would not be subject to the new requirements," said Denise Slavin, an immigration judge in Miami since 1995 and president of the National Assn. of Immigration Judges.

"This highlights the concern we have about the public perception of judicial independence and integrity in the immigration courts' system."

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