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U.S. Attorney Investigation: Meet The New Boss

Who's in charge of how the Justice Department handles the investigations into the U.S. attorney firings?

Alberto Gonzales, we know, is holed up rehearsing his version of the story. And the Justice Department wrote last week to assure Democrats that Gonzales and his deputy, Paul McNulty, had nothing to do with the investigations relating to the U.S. attorneys purge.

Following the rules of succession at the Justice Department, according to the letter from Assistant Attorney General Richard Hertling, the guy in charge of all that is Solicitor General Paul Clement.

That means Clement was in charge of personnel decisions relating to Monica Goodling (in other words, it was his call to make her the first ever DoJ official to stay on the payroll after pleading the Fifth), he's supervising the Department's joint investigation into the firings by the Office of Professional Responsibility and Inspector General, and he's in charge of which documents are doled over to Congress and which aren't.

So who is Clement? Since 2005, as Solicitor General, he's been the administration's face before the Supreme Court. Legal Times profiled him earlier this year. Can you guess which Supreme Court justice he used to work for?


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Scalia...jeesh.

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Now now, people who clerk for Scalia are not always evil incarnate. At least Clement is not one of the Regent One Fifty.

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I know absolutely nothing about Paul Clement. But I wouldn't be so quick to condemn him for not firing Goodling, his hands may have been tied.

I believe there is a court precedent prohibiting the government from firing an employee *solely* because they have exercised their 5th amendment rights. Had Goodling been fired for that reason, I believe it would have been a termination without proper cause (kind of ironic..).

I can think of at least one reason he could have legitimately terminated her. This is the accusation that she lied when briefing McNulty for his testimony before congress. But that is so much of a he said, she said, I doubt she'd have been fired without an internal investigation. She probably resigned before any such investigation would have reached a conclusion.

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Also, has Goodling taken the fifth, or merely said she would? If, as Conyers suggests, she needs to show up and assert her rights, then she can't be fired for doing so until after she does. There's a difference between saying you'll obstruct justice and obstructing justice.

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If Paul Clement is only in charge of the USA purge investigations, who's in charge of the rest of the DOJ while Alberto holes up in his personal Alamo, preparing for the assault by the Santa Anna army of the Senate?

Or, is one of the intended consequences of Mr. Rove's handling of such things that no one be in charge? Does that put white collar crime investigations, like those involving Abramoff, Foggo and Lewis, for example, in Slo Mo until further notice?

There's a reason for the old saying that justice delayed is justice denied.

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I'll hold off judgement on Clement. He's obviously a very smart lawyer with the potential to be a future supreme court justice. Although he's conservative, I very much doubt that he's ethically sleazy like so many Bush appointees.

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I think there was reason enough to wait to fire Monica until she either refused a to response to a subpoena or refused to answer a question, citing her 5th amendment rights. Especially given the mess that is the DOJ at the moment. With Monica chewing up her vacation pay, pay she'd be entitled to if she quit, the conservative approach was just to wait to see how things progressed.

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If partiality is something you will look for, quit dreaming. Everyone associated with this administration must establish their conservative christo-fundo bona fides before moving forward.

This guy has the credentials. It is not a crime being political.

However, tapping this guy may be his kiss of death, especially if he aspires to the Supreme Court.

A credentialed and allegedly principled jurist needs, at least at a young age, to separate themselves from the meat grinder of politics and focus more on ivory tower jurisprudence if they want to avoid ruffling idealogical feathers that could come to haunt them later.

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"I very much doubt that he's ethically sleazy like so many Bush appointees."

I'm way over giving the benefit of the doubt to any bushie. To bad guilt by association is not constitutional. Not that they would recognize that as it applies to all but themselves.

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I've read the entire article and obviously Clemnet is able to arrange and present his material in such a way as if to say, "How else can it be?"

Such a person can be great provided he is able to overcome his religious/political upbringing.

In case of the Supreme Court, it is sad that we ask members of a jury to be impartial in their deliberations and to judge a case on its merits and its evidence, but we can't trust the Supreme Court to do that.

You don't have to be a blind conservative not to see it, just an ignorant one to deny it.

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**n other words, it was his call to make her the first ever DoJ official to stay on the payroll after pleading the Fifth**

Josh framed it this way as well, but technically, is it not true that she hasn't actually pled the fifth yet? Don't you have to be asked a question in order to invoke your 5th amendment privilege? She has said that she'll plead the fifth, but she hasn't actually done it yet, right?

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I think it's a stretch to call Goodling "the first ever DoJ official to stay on the payroll after pleading the Fifth". As far as I know, she has only announced an intent to do so.

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Somewhat unrelated but note this press release announcing that one figure in the whole affair has a new job:

http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20070409005622&newsLang=en

Also note the story the release tells of why he's going to work there.

And, note the "Editor's Note" at the bottom, which says he will not be available for interviews at this time. Wonder why?

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On April 17, the real stonewalling begins...

http://tinyurl.com/2klnrn

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At least he has impeccable credentials: BA Georgetown, MS Cambridge, JD Harvard, clerked for a SCOTUS justice. Unlike those who attended the Pat Robinson school of law and hold nearly as powerful positions.

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Wait a minute; back to Alberto Gonzales.

If all he has to do is tell the truth before the committee, why the heck does he have to spend 2 weeks preparing? I mean how tough is it to just tell someone what you honestly know? You just show up and tell them. Simple.

No rehearsal is needed for the truth.
Obviously, he must be concocting some kind of story with the help of many handlers.

Bush, et al lie and America dies. :-(

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Of course Scalia was the first name that popped into my head.

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Little Thom's Blog throws another log onto the US Attorney fire.

He cites a connection between Carol Lam's firing in San Diego and the "gutting" of the Ft. Worth USA office in 2004 via the almost concurrent mysterious deaths of two senior attorneys at that office and the sudden departures of three others. The connection: Medicare Fraud investigations.

Read More:
http://littlethomsblog.blogspot.com

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Alhough he clerked for Scalia, his resume is impressive. We will have to wait and see how this plays out. I'm not holding my breath!!

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Notice how all these appointments are among the youngest lawyers to hold these positions? No accident there. Apart from mirroring corporate America's illegal but uncontested age discrimination, Mr. Rove wants to put this talent into the judiciary for a generation, completely remaking the Constitutional landscape.

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Have they built an Ivory Tower at Justice?

I notice Clement does have a superior resume--and would be able to get a job with any firm in the city; he probably could get a teaching job at quite a few fine law schools--including a few a notch or two above Regent Law. But I see no prosecutorial experience. A guy who has never been in the trenches is unlikely to have a natural sympathy with the ordinary foot soldiers at DOJ.

And even given all of the degrees, this guy still does seem pretty d-mned young.

Plus that law course on "Separation of Powers" gives me no comfort. The Unitarians always talk about the "unfettered Executive" but they conveniently seem to forget that there is also a concept called checks and balances.

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Hamdan v. Rumsfeld: Clement lost this case on whether military commissions for Guantánamo Bay detainees are authorized under U.S. and international law.

Rumsfeld v. Padilla: In a 5-4 decision, the Court agreed with Clement’s argument that a U.S. citizen captured on American soil and designated as an enemy combatant can be detained by the military.

Hamdi v. Rumsfeld: The Court upheld the right of a U.S. citizen who was captured overseas and detained in the United States as an enemy combatant to contest his detention in U.S. courts. Clement argued against that right.


So, Clements was Bush's point man on all those anti-terrorism cases. Definitely makes me uncomfortable.


Well, let's hope that Clements has the intelligence to recognize that simply because he can successfully argue a case it does not mean that it is right...lots of things that are legal are wrong....which is precisely why we are in the position we are today of a poliiticized US Atty purge. It may be legal to purge US Atty's for political reason but it definitely is wrong.

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I wonder if he's aware of this:
A convoluted 'press release'. Quoting part:
http://www.pressrelease365.com/pr/government/federal/graves-attorney-general-gonzales-1275.htm
Samuel Lipari became concerned that Attorney General Alberto Gonzales was using the firing of appointed US Attorneys and senior assistant US Attorneys to obstruct justice in investigations involving public corruption on October 18, 2004 when white collar crime prosecuting Assistant US Attorneys Leonard Senerote, Michael Uhl and Michael Snipes were fired from the Ft. Worth Texas office of the US Attorney that had issued subpoenas in an ongoing investigation of Novation LLC and other hospital suppliers for anticompetitive practices. Samuel Lipari was especially concerned over the firings in the Ft. Worth office where the chief US Attorney responsible for Medicare fraud, Thelma Louise Quince Colbert had been found dead in her swimming pool on July 20th, 2004 and the Ft. Worth office Senior US Prosecuting Attorney that had signed the subpoenas, Shannon Ross (formerly of Kansas) was found dead in her home on September 13th, 2004. Shannon Ross's investigation of Novation LLC sparked the New York Times article "Wide U.S. Inquiry Into Purchasing For Health Care" on Saturday August 21, 2004.

Attorney General Alberto Gonzales used a little known provision of the USA PATRIOT Act to replace Todd P. Graves with Bradley Schlozman. Bradley Schlozman failed to prosecute public corruption related to the Medical Supply Chain litigation and failed to enforce civil rights laws related to the Novation LLC defendants success in getting Medical Supply Chain's counsel Bret D. Landrith disbarred. Samuel Lipari raised these concerns before the US Court of Appeals for the Eight Circuit. On January 16, 2007 Attorney General Gonzales tried to quell criticism of the mass US Attorney firings and the misuse of the USA PATRIOT Act by announcing John Wood would be taking Schlozman's place in Kansas City.

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Is it legal to fire a person for exercising her constitutional rights? Or, as in this case, saying that she plans to? The fifth amendment allows people to avoid testifying to avoid incriminating themselves, but doesn't that actually mean that they remain innocent until proven guilty by a preponderance of other evidence?

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“'I am so glad he is solicitor general, because he makes my job easier,' Justice Antonin Scalia said..."'nuff said.

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Looks like Kyle Sansom recycled....very comforting for an absentee AG..that his chaotic department is operating as normal...for them

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The systemic corruption of our government by the republicans and their inability to be truthfull has outraged the average taxpayer. We are at a place where no one trusts this administration. The really frightening part is that in our present situation, there are striking parallels to that which preceded the French Revolution. Are we facing a Second American Revolution? It's beginning to look that way.

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I worked briefly with Paul Clement when he was in private practice (I was very junior). He was a very decent person. He is also a very talented attorney and very smart.

It's kind of odd seeing someone you know (and liked) being dissected.

(No, I'm not a troll.)

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