Don’t Just Talk About It – Take Action!

 

1. Contact your U.S. Senator to express approval of S214, that would preserve Senate confirmation of U.S. Attorneys. http://www.senate.gov/general/contact_information/senators_cfm.cfm
2. Read New York Times editorial (Sunday, March 11, 2007) describing the administration’s lack of respect for the rule of law. http://www.nytimes.com/2007/03/11/opinion/11sun1.html

 

White House Crosses Line by Firing U.S. Attorneys

          The Bush Administration appears to have intentionally invaded prosecutorial discretion in a political decision leading up to the Fall elections.  By way of response, the Senate Judiciary Committee (led by Patrick Leahy and Arlen Specter) have proposed S214, the “Preserving United States Attorney Independence Act of 2007.”

         The U.S. Attorney represents the United States in federal prosecutions and civil lawsuits.  If you don’t pay your taxes, the U.S. Attorney may take you to Court.  If you violate the RICO statutes, or drug laws, the U.S. attorney seeks criminal sanctions for his/her client, the United States.  The U.S. attorney nominally represents the United States, but a more practical and idealistic designation is that the U.S. Attorney is the lawyer for the people of the United States. It is his/her job to assure that we have government “for the people, by the people, of the people.”  

         The job carries an enormous amount of discretion.  Important issues, such as which cases to prosecute and how to prosecute them are routinely left to the U.S. Attorney, who is appointed by the President and confirmed by the Senate.  The right of the U.S. Attorney to set and follow his/her own conscience and priorities in making these decisions is known as “prosecutorial discretion.”  

         There is a big idea behind these arcane terms.  Although housed in the Department of Justice, and thus technically part of the Bush Administration, U.S. Attorneys are also officers of the federal courts in the 13 Circuits around the country where they work.  No one should be able to tell a prosecutor what crimes to investigate and punish.  Especially not the Chief Executive.  Especially not for political purposes.  To do so shatters the separation of powers so carefully written into the U.S. Constitution.   

          It may very well turn out that seeing the handwriting on the wall, the administration wanted to replace “soft” prosecutors with more right-wing types prior to the election while the Republican majority was still in control of Congress. Getting rid of prosecutors who do not see immigration, voting rights or the war on drugs the same way that the Administration can have political benefit. U.S. Attorneys are almost invariably influential, well-known and highly connected individuals. The U.S. Attorneys office also tends to be a proving ground for higher, elective office.  

But whatever the motivation, it is wrong and dangerous for one branch of government to usurp the prerogatives of another.  This gambit manages to undermine two branches of government at once.  It invades prosecutorial independence and abrogates the right of the Senate to advise and consent on appointments.  America is united neither by race, creed, religion nor language.  The ephemeral glue that holds us together is respect for a set of common principles.  When those go, there is nothing left. 

It is worth remembering that Richard Nixon’s impeachment was made inevitable when he fired Archibald Cox, the special Watergate prosecutor, a specially-appointed U.S. Attorney.