Given President Bush's political leanings, no one should be surprised that he has appointed conservatives to senior Justice Department positions. Nor should reasonable people complain about such appointments. Presidents are elected to put their stamp on government.
But, for the good of the nation, there are rules and laws concerning partisanship that must not be crossed if government is to work for the entire nation, not just the party in power. That is particularly important in administering justice.
That line was not only crossed but erased by some Justice Department political appointees. In a scathing report released this week, the Justice Department's inspector general found that scores of highly credentialed young attorneys and law students with links to Democratic or liberal causes – being a member of the liberal-leaning American Constitution Society or writing a law review article critical of the USA Patriot Act – were denied coveted civil service positions in the department's Honors and Summer Law Intern Programs. Those selected for these positions normally get the best entry-level jobs in the Justice Department. They are what the department traditionally considered the “A list” of hires.
Attorney General John Ashcroft instituted the political screening process in 2002. But it was not until 2006, after Alberto Gonzales took over the department's top position, that the screening process was intensified, with devastating results. When he assumed office, current Attorney General Michael Mukasey promised to end the pernicious process of hiring based on political affiliation instead of legal ability. He apparently has done so.
But Mukasey and the attorney general appointed by the next president will have to live with a number of attorneys at the Justice Department from a “B list” of appointees. What a shame for the department and for America.
