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80% of So-Called Liberal Applicants were "Deselected" by DOJ

The DOJ IG report released this morning, besides providing some memorable quotes on woodland creatures, also gave some valuable statistics on the biased hiring practices of Honor Program attorneys.

The nomination process for attorneys had two stages. First, individual offices in DOJ reviewed applications and selected certain ones for interviews. Then, a Screening Committee selected by the deputy attorney general reviewed the selections and made nominations for final interviews. This was a change made in 2002 when the "involvement of political appointees at the Department in the hiring process was greatly expanded."

The OIG broke down nominees into those that they classified as "Liberal," "Conservative" and "Neutral."* They then evaluated the deselection (removal from the hiring process) rate of those nominees between 2002 and 2007. They found a strikingly high percentage of identifiable liberals who were culled from the process compared to identifiable conservatives.

For example, in 2002, of the 100 "liberals" nominated, 80% were "deselected" by the Screening Committee. Of the 46 "conservatives" nominated, only 9% were deselected.

Chart 3 of the report (pdf) details the discrepancy:

Perhaps even more disturbing, of the 71 candidates who were deemed "Highly Qualified" (attended a top 20 ranked law school, were in the top 20% of their class and had previously held judicial clerkships and were members of the law review), 37% were deselected.

And the kicker?

15 out of the 17 highly qualified candidates who were categorized as "Liberal" were deselected. Zero of the five highly qualified "Conservative" candidates were deselected.

But it gets better and better!

Overall, of the applicants nominated, 70% of those who identified as Democrats were de-selected, 32% who identified as Neutral were deselected, and just 11% who identified as Republicans were deselected.

The Screening Committee was an amorphous group, and as the OIG describes, DOJ offices that sent their recommendations to the Screening Committee, often did not know how the Committee members were selected, who sat on it, or the Committee's criteria in selecting or deselecting candidates.

So who was on the elusive committee?

In 2002, the OIG determined that "Andrew Hruska, then Senior Counsel to the Deputy Attorney General, and David Higbee, then Deputy Associate Attorney General, participated in the screening process, and that Howard Nielson, then Counselor to the Attorney General, and Adam Ciongoli, then Counselor to the Attorney General, may also have participated in the screening process."

[Late Update: Chief of Staff for the Deputy Attorney General, Michael Elston was named in the report as being in violation of federal laws for weighing "political and ideological" leanings in the hiring process. Elston and Esther McDonald, a former DOJ lawyer, were both found in violation of DOJ policy.]
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* From a footnote in the OIG's report on political designations assigned to candidates:

"We recognize that these determinations are not precise and that categorizing organizations as liberal or conservative can be somewhat subjective. The appendix contains a listing of those organizations we categorized as liberal or conservative in our analysis of the candidates' affiliations. For example, we categorized as "liberal" organizations promoting causes such as choice in abortion issues, gay rights, defense of immigrants, separation of church and state, and privacy rights. Examples of organizations we considered liberal include Earthjustice, the American Civil Liberties Union, Planned Parenthood, Lambda Law Association, and Ayuda. We categorized as "conservative" groups promoting causes such as defense of religious liberty, traditional family values, free enterprise, limited government, and right to life issues. Examples of groups we considered conservative include the Federalist Society, the Alliance Defense Fund, the Christian Legal Society, and the Family Research Council. In reviewing candidates' applications, we considered a candidate's affiliations to be "neutral" if the organizations listed did not have an apparent liberal or conservative viewpoint, or if the candidate listed affiliations with both liberal and conservative organizations."


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How many requests for a investigation has Mukasey refused so far ? He has been asked to appoint Special Prosecutors numerous times and has yet to appoint a single one. The only difference between Gonzales and Mukasey is that Mukasey is doesn't tremble in fear when he tell Congress to go fuck itself. Mukasey is smart enough to know that no matter what laws he breaks the Dems won't hold him to account for it.

What concerns me most about the DOJ right now is the fact that these individuals are still employed by DOJ.

Over the years the Republicans have attempted to pack the court with their ideologues. Now it appears that they've simply changed the focus to the DOJ.

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Nice job on this story today, Kate.

Is anything about this hiring bias illegal? Now that it has been documented, is there any way to see that the individuals involved to suffer any consequences?

And, of course, if any pressure can be put on them, might they reveal from whom they got their marching orders?

-- ARG

Nazis: Jewish or not Jewish? The criteria can, admittedly be subjective. Blue eyes, blond hair can be indicators of not Jewishness.

Apartheid: Coloured or White? The criteria can, admittedly be subjective. The inability to retain a pencil in one's hair can be an indicator of Whiteness.

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Ya know, it's pretty strange that American conservatives hate Iran so much, considering that they seem to love their method of having an unelected group of ideologues filter qualified candidates to throw out the ones who aren't conservative enough...

It looks like the Obama administration is going to need to appoint a Deputy AG full time to look at all the illegalities of the W administration.

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What does it mean to "deselect liberals"? Don't we live in a liberal democracy? Isn't the Justice Department itself based on liberal principles? Doesn't the ACLU spend half its time promoting religious liberty? Aren't first trimester anti-abortion laws just as much religious authoritarianism as forcing Jews to wear stars? Has everyone gone stark, raving mad?

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Has everyone gone stark, raving mad?
I used to wonder that too, but then I reviewed the results of the 2004 presidential election and the answer became very clear. No, not everyone is stark raving mad, only about 51% are. If an individual showed those same symptoms he would be ordered confined to an institution for his own safety. Maybe that's why Bush has moved so far towards being an absolute dictator - our own safety? You do have to acknowledge that people confined in an institution have far less opportunity to harm themselves.
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The honors program is a pathway to careers with the DOJ. There are so many areas of law that have been sidelined by this administration that I could just scream. I have a Title VIII case that HUD took only 101 weeks (out of the 102 week Statute of Limitations) to find "Cause" - and it involves the eviction of over 56 families of color by a woman who is a card (and, gun) carrying member of the KKK.

Two - that's right, two members of the DOJ's Civil Rights Division have brought a case that parallels my civil action (and, a Bush Judge sent me to ARBITRATION on a Title VIII case! There is NO precedent to arbitrate a Title VIII case.).

Where will these "honors" lawyers wind up? Clerking for the Right-Wing Judges and holding positions of power as AUSAs across the USA.

What's really bad about this is that while I'm about as liberal as they come, raised as I was on the Upper West Side of Manhattan in the '60's and '70's - a true FDR Dem - I know a number of really incredible right-wing attorneys who FOLLOW THE LAW.

Nobody can tar this group with a broad brush - and it does all of us quite a bit of good to consider that the most "liberal" Justice on the Supreme Court is John Paul Stevens, first appointed to the 7th Circuit Court of Appeals in 1970 by Richard M. Nixon and the U.S. Supreme Court in 1975 by Jerry Ford.

Let's hope that we get more John Paul Stevens than Monica Goodlings.....

Public radio interviewed a Republican who said that the DoJ was so extremely liberal/Democratic that it was time to apply an adjustment and bring in some new conservative hires. He approved, and though that the process worked well. (Sorry - I missed his name.)


Essentially he was saying that it was about time for affirmative action for conservative Republicans because they have been oppressed for so long.

My question is, how many of these conservative hotshots were involve with Biscupic in Milwaukee when he ran political prosecutions (Georgia Thompson?), or Rachel Paulson, and how many were involved in railroading Seigelman?

Clearly this was the same program of politicizing the DoJ that included the firing of the uncooperative US Attorneys who followed the law and refused to prosecute Democrats for political purposes.

Laws broken? The Democrats better grant blanket immunity post haste. Otherwise David Broder will accuse them of partisan bickering!

I'm having a weird reaction to this story because I was hired through SLIP in 2005 and offered a position in the Honors Program for 2006, which I turned down.
My resume screams liberal, pro-immigrant, queer, etc.. How the hell did they let me slip through? I'm almost disappointed...

Proof that the right is incompetent even in their illegal activities.

‘Just Us’ Inbreeding Blamed for ‘Justice Idiocy’
http://satiricalpolitical.com/?p=1953

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David Higbee was Kyle Sampson's roommate at Brigham Young University when they were undergrads. Higbee also helped his friend Sampson get a job at Hunton and Williams after Sampson left the DOJ.

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Higbee's name appears on some interesting Sampson/Goodling e-mails included in the TPM document dumps. A possible "sub rosa" direct link to the White House?

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