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Office of Special Counsel To Investigate DOJ Hiring

As predicted, there's been lots of fall out from the first report by the Department of Justice Office of Inspector General on the hiring practices used by the DOJ.

As the New York Times reports today:

The Office of Special Counsel, an agency that investigates political interference in the federal workplace, let the Justice Department know this week that it would be examining the issues raised in the report "to discuss what our next step should be," said James P. Mitchell, a spokesman for the office.

The special counsel has offered to work with the department "to determine whether disciplinary action is warranted," Mr. Mitchell said. The inspector general's report noted that two department officials who it said were largely responsible for the abuses in 2006, Michael Elston and Esther Slater McDonald, could not face disciplinary action because both had left the department.

But Mr. Mitchell said: "That doesn't rule out others -- those who considered political affiliation in making decisions as well as those who let them do that. This is a prohibited practice, and this is an area that we enforce."

The OSC is no stranger to trouble. It's had its own issues lately, namely that the head of the department, Scott Bloch, is under investigation by the FBI.


7 Comments

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Scott Bloch will be our saviour and white knight. Three cheers for Scott Bloch!

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Perhaps someonein Congress could call for a Special Prosecutor?

This is ridiculous. The OSC is investigating DOJ while the FBI (a component of the DOJ) is investigating OSC.

Ummm... "I don't think I found anything bad. Did youfind anything bad? I'd be ready to wrap up this investigation if you haven't.." nudge, nudge, wink, wink...

Nods as good as a wink to a blind horse, what?


ITMFA

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No!! No, no, no, no, no!

The politicization of the DOJ just *screams* for a Special Prosecutor! You can't trust the Office of Special Councel to do anything -- let alone investigate the DOJ.

Paging Congress: DO YOUR DUTY!

And can't the New York Times report all the facts? They say, "The Office of Special Councel, an agency that investigates political interference in the federal workplace..." Shouldn't that be "...an agency that SUPPOSEDLY (or THEORETICALLY) investigates political interference..."?? How could the NYT report this without also noting that the OSC is under investigation for doing exactly the opposite of what it's supposed to be doing? (Or did they bury that nugget way down at the end of the article, or something?)

-- ARG!

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"Michael Elston and Esther Slater McDonald, could not face disciplinary action because both had left the department."

Is this a joke?
Doesn't the word illegal indicate the breaking of a law?
Er, um, could they be PROSECUTED?

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That's part of my point. The OSC (besides lacking any credibility at this point) has no prosecutorial power. The most it can do is recommend that people be fired.

We need a Special Prosecutor. Pronto.

As others have suggested, these kinds of political hiring practices have probably been going on over at State, and Agriculture, and Interior, and on and on. Somebody with independence and subpoena power needs to get cracking on this, and dig deep. The sooner the better.

-- ARG

"Michael Elston and Esther Slater McDonald, could not face disciplinary action because both had left the department."


1) THEY DID THIS TO ME...AFTER I SIGNED A 47 PAGE US DOJ OIG/FBI OPR COMPLAINT.

2) Go ask FORMER SOUTH DAKOTA US ATTORNEY JAMES MCMAHON, appointed by Bush...why he "suddenly resigned" shortly after I started phoning US DOJ OIG special agents VAN LANCKER and MONTE CASSON at Denver and Dallas Field Offices.


3) DOJ AND FBI BOTH practise the old "resign" or get investigated game...meaning...NO CRIMINAL REFERRAL WILL BE PLACED ON A US ATTORNEYS DESK FOR ANY OVERT ACT AS PART OF ANY CONTINUING CRIMINAL ENTERPRISE KNOWN AS THE RADICAL RIGHT WING POLICE STATE (NSA, NSA TSP, DOD, DOD CIFA UNIT, FBI, FBI OPR, FBI HQ, DOJ, DOJ HQ, state and local law enforcement and their butt licking treasonous lowlife stooge brothers known as prosecutors or states attorneys.


4) GO ASK FORMER SIOUX FALLS SOUTH DAKOTA SPECIAL GUTLESS ROBOT SCUM DAVE "f---face" HELLER, little DANNY "s---head" REYNALDS, MARK "vuke the puke" VUKILICH, and Minneaopolis FBI SAC DEB "kneepads" PIERCE about....being handed criminal immunity IF THEY AGREE TO SILENTLY RESIGN?

Last week's widely publicized report of widespread prohibited personnel practices (PPP's) in politicized hiring practices in Department of Justice (DOJ) in 2002 and 2006 was silent to some key points including:


1) What steps will be taken to restore the scores of victims - the highly qualified applicants for career positions in Justice Dept. who were "de-selected" for unlawful reasons?


2) Why did the agency which is supposed to be primary bulwark for protecting federal employees and applicants for federal employment from PPP's - the US Office of Special Counsel (OSC) - fail so utterly?


3) Why were the "special studies" conducted by the Merit Systems Protection Board (MSPB), intended to determine if federal employees and applicants for employment are adequately protected from PPP's, fail to identify the widespread PPP's in DOJ?


I contend that OSC which should be, relatively speaking, the most essential anti-corruption agency in US Government, is likely a most corrupt and corrupting one in our government. I contend OSC's corruption and widespread corrupting influence stems primarily from its now 30-year-old bizarre, self-nullifying, misinterpretation of what is now 5 U.S.C. §1214(e) - that its requirements to report OSC's determinations of violations of "any" non-criminal laws, rules, and regulations - does not apply to the laws, rules, and regulations under OSC's investigatory and enforcement jurisdiction.


As a result of its bizarre, self-nullifying 30-year old misinterpretation of this key law, OSC has no objective nondiscretionary duty to the federal employees who seek its protection from PPP's. its key non-discretionary duty to those who seek its protection.


MSPB has played an essential role in OSC's corruption and corrupting influence by its 30-year-old misinterpretation of 5 USC 1204(a)(3) by which its "special studies" - intended to determine if federal employees and applicants for employment, in every federal agency, are being adequately protected from PPP's - do not have to consider that topic.


Neither MSPB nor OSC have inspector generals, so there is no internal check on their misinterpretation of these key laws. However, the DOJ Office of Legal Counsel ((OLC)is able to review these interpretations, if directed by the proper authority in DOJ to do so.


My recent, extensively documented, letter to Attorney General Mukasey, requesting him to direct OLC to conduct such a review, is posted online at:


. If enough stakeholders to the federal civil service and its merit system principles express support for this request, I am confident that these 30 year-old misinterpretations of law, which has resulted in immense, possibly irrecoverable, harm to our Country will be exposed and corrected.


Respectfully,


Joe Carson, PE
Knoxville, TN


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