Department of Justice Not Having A Good Month
May has not been a good month for the U.S. Department of Justice.
First, the “Fast and Furious” scandal involving former Attorney General Eric Holder showed up in the news again, just when the media thought it was all over with.
One email dated June 2011 details how lab reports from the Bureau of Alcohol, Tobacco and Firearms (ATF) were withheld from Congress, and in an email dated July 2011, senior DOJ officials were agreeing to “stay away from a representation that we’ll fully cooperate (with the Congress).”
DOJ was accused of trying to impede the Congressional investigations of Holder and his staff in 2011 and 2012 by “devising strategies to redact or otherwise withhold relevant information” by manipulating media coverage and by trying to make ATF the scapegoat.
Some of the released emails set forth talking points for Holder and his staff to use in Congressional hearings, making it clear that DOJ intended to make the ATF officials who had been ousted the fall guys, with Assistant Attorney General Ron Weich writing in an August 2011 email that “These personnel changes will help us move past the Fast and Furious controversy.
And much like the allegations against Ben Rhodes about which I wrote a couple of weeks ago showing how he manipulated the media with regard to the Iran nuclear deal, Holder stated in the “Fast and Furious” scandal that they should first release documents to friendly media “with an explanation that takes the air out of them” instead of just handing them over to Congress.
But don’t hold your breath that there will be any further investigation even after the release of these emails. The major media outlets consider the Fast and Furious scandal as ancient history, even though AG Eric Holder became the first sitting member of a President’s cabinet in U.S. history to be held in contempt of court.
In another instance last week, the DOJ received a scathing rebuke from U.S. District Judge Andrew S. Hanen in the form of an order to have hundreds of its lawyers undergo ethics training after they misled him in the course of a lawsuit where Texas and other states were challenging the Administration’s immigration policy.
The President’s directive, which was the subject of the lawsuit, offered temporary protection against deportation and also authorized work permits to millions of undocumented immigrants.
The Judge’s order came about after he blocked the program when DOJ assured him that they wouldn’t begin implementing the program before February 2015, giving him time to weigh the legal issues.
Contrary to what DOJ had told the Judge, it began to issue three year deferrals to as many as 100,000 immigrants as early as November 2014. Judge Hanen also said DOJ had misled him about the number of extensions granted.
Judge Hanen said in his order “Such conduct is certainly not worthy of any department whose name includes the word Justice.” He went on to say that “...it is hard to imagine a more serious, more calculated plan of unethical conduct. There were over 100,000 instances of conduct contrary to counsel’s representations.”
Under the Judge’s order, all agency lawyers in Washington,D.C. who represent the government in state or federal courts within the 26 states who filed a complaint must “annually attend a legal ethics course”. The training is to consist of at least three hours per lawyer per year. He further ordered Attorney General Loretta Lynch to appoint someone within her department to ensure compliance with his order.
© Joan Rowden Hart, newspaper column 2016
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