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White House Explains IG Firing -- Will It Be Enough?

We knew the White House was going to have to offer a fuller explanation for its firing of Gerald Walpin, the inspector general of the Corporation for National and Community Service who had clashed with an Obama ally.

And now it has. In a letter sent last night to Congress, reports Politico, Norm Eisen, the White House ethics counsel, wrote that at a May 20 board meeting, Walpin, 78, had been "confused, disoriented, unable to answer questions and exhibited other behavior that led the Board to question his capacity to serve."

Eisen added that the bipartisan board had unanimously requested a review of Walpin's performance, and noted the complaint against Walpin that was filed by the US Attorney in Sacramento, regarding Walpin's probe of the city's mayor, Obama ally and former NBA star Kevin Johnson.

Eisen added:

We further learned that Mr. Walpin had been absent from the Corporation's headquarters, insisting upon working from his home in New York over the objections of the Corporation's Board; that he had exhibited a lack of candor in providing material information to decision makers; and that he had engaged in other troubling and inappropriate conduct.

Separately, a White House spokesman has told FOXNews.com that Michelle Obama "was not involved in any way in the decision to remove Mr. Walpin." That issue had been raised in a letter sent by Sen. Charles Grassley (R-IA) to CNCS chair Alan Solomont, asking for details about the Frist Lady's role. Grassley's question seemed to be prompted by a report in the youth service newsletter Youth Today, which noted that, according to people in the field, "some decisions about CNCS are being made by First Lady Michelle Obama." And it was recently announced that Michelle Obama's chief of staff, Jackie Norris, would join CNCS as a senior adviser -- suggesting that the First Lady could be moving to increase her control over the agency.

Until now, the White House had said only that it had "lost confidence" in Walpin. That lack of detail provoked Sen. Claire McCaskill (D-MO), a staunch Obama supporter, to issue a statement yesterday contending that the White House had failed to follow the law by not offering Congress a sufficient rationale for the firing -- a position already taken by several congressional Republicans, including Grassley. (McCaskill's statement did not take issue with the decision to fire Walpin, but only with the lack of a full explanation for it.) It also allowed Walpin himself to embark on a tour of conservative media, claiming that he had been canned for going after Johnson.

Walpin responded to the White House in an interview with Politico. He called the letter "absolutely amazing," and added:

Anybody who's heard me speaking more than I'm used to speaking on radio and TV in recent days, obviously under great pressure from what happened would clearly know that I know what I'm saying and what I'm doing and I'm not incoherent. There's nothing confusing about malfeasance and there's nothing confusing about what appears to be the fact that they terminated me because I was doing my job because the White House wanted to protect people who proclaim they are friends of the White House.

Politico added:

Walpin said he did recall a board meeting where he became frustrated over "constant interruption...consistently breaking up my organization."

Asked about the May 20 session, Walpin said, "It's certainly possible at that meeting I had a bug and was tired. I can't remember right now...All I can say is this is a weak reed to now be relying on."

Walpin said he worked full-time in the Washington office for his first two years as inspector general and only began "teleworking" from New York after members of his staff convinced him to withdraw a resignation he tendered in January. He said he ran his plan to telecommute by the corporation's acting CEO and general counsel, who had no objections.

"This is an afterthought," Walpin said. "The problem isn't that I'm not there. The problem is that I'm too much there."

So what does this all amount to? The White House still appears not to have offered details on how exactly the decision to fire Walpin was made, and what specifically prompted it. Did it get complaints from the corporation's board right after the May 20 meeting, then conduct its own review? Who was involved in the decision? And so on.

It's hard to believe that Walpin's performance at that meeting, however unimpressive, was the key factor in his firing -- even in combination with the discovery that he worked from home. It seems more than likely, in fact, that his work on the Johnson case did play a significant role in the decision to fire him, but that in its letter, the White House chose to downplay that fact.

But here's the thing: given what we've learned about Walpin's actions in that case, it's far from clear that there would be anything wrong with that.

A quick re-cap: Walpin was appointed to his job by President Bush in 2007. As part of an investigation into Johnson's use of federal AmeriCorps funds -- dating to when Johnson ran St. HOPE Academy, a Sacramento non-profit -- Walpin found that Johnson had misused over $800,000. He took the rare step of recommending that Johnson be barred from receiving federal funds, pending a criminal investigation -- a move that ended up endangering the city's ability to get federal stimulus money after Johnson took office as mayor early this year. Walpin also publicly announced, during the mayoral campaign, that he was passing his findings on to the US Attorney's office and suggested that Johnson might be guilty of a crime -- an apparent breach of protocol. The local US attorney, also a Bush appointee, found no criminal wrongdoing in the case. And his successor, Lawrence Brown, formally complained to an oversight body for inspectors general about Walpin's work on the St. HOPE probe. Brown charged that Walpin hadn't even conducted an audit to determine how much money had been misspent by St. HOPE, and that he had withheld key exculpatory evidence. Brown accused Walpin of acting "as the investigator, advocate, judge, jury and town crier" in the case.

In short, it's hard to avoid the conclusion that Walpin overstepped his authority in going after Johnson. And his background hardly suggests that he's the kind of politically independent, non-partisan watchdog the IQ job requires. He's a member of the conservative Federalist society, and once introduced Mitt Romney at a meeting of the group by saying that Romney's state, Massachusetts, is run by "modern-day KKK ... the Kennedy-Kerry Klan."

This isn't like the firing of US Attorneys. In those cases, the evidence suggests that at least some were fired for their unwillingness to do the partisan bidding of the White House. Here, by contrast, Walpin himself appears to have acted in a partisan, or at least an irresponsible, manner in his pursuit of Johnson. The evidence that Walpin performed poorly dwarfs the evidence that any of the fired US Attorneys did.

Legally, too, the situation is different. Yes, US Attorneys serve, like the CNCS IG, at the pleasure of the president. But because the threat of a politicized system of justice is so grave, there are specific laws and protocol governing when -- aside from at the start of his term -- a president can remove a US Attorney. That's simply not the case to the same extent when it comes to agency IGs. As McCaskill pointed out, the law requires the president to notify Congress about why he's removing one -- and now he has done so -- but it doesn't significantly constrain his ability to fire an IG.

It'll be up to Congress to decide whether the White House's explanation is detailed enough. We've got a call in to McCaskill's office to ask whether she's satisfied with what the White House has put out, and we'll keep you posted...


26 Comments

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TPM,

As I and I presume a and/or many and/or all resaonable persons would concur that TPM Muckraker is a leading, first and foremost superb and excellent venue in this relatively new Internet Blog Comment Media.

As I noted that you have a Telephone Call to the Honorable US Senator Claire McCaskill (noted Saint Claire from POGO and seemingly highly praised by GAP, NWC and seemingly over 300 Supporting Whistleblower Organizations) would you please ask her as to why the Federal Employee Whistleblower Protection Act continues to be prohibited from an 'Up or Down' Vote!!

Please note as I have mentioned that the recent 6/2009 Federal Employee Whistleblower Hearing appears to some extent as seemingly a complete sham and fraud as this Exact and Identical US Senate Ethics and Good Government Committee Co-ChairPersons, Senator Joe Lieberman and Susan Collins Presiding had these Exact and Identical hearings on 11/2003 or 11/2004 with the Exact and Identical 'Federal Whistleblower Protection Enhancement Restoration Act, S1358' and as my Nmae and Case File(s) where submitted into Testimony Recors from Mr. Stephen M. Kohn of the National Whistleblower Center in Washington, DC.

TPM, Please note that I have now benn more fully or completely excluded from my posting blog comment replies on the NWC, POGO and GAP websites. I have recently tried to post on these websites what I have again successfully posted on your website the these GAP, NWC and POGO websites seemingly to some and/or a relevant extent, continue to honor, praise and with many Awards, Acalades and Celebrations within the recent Decade to these Legislative Committees and Individual Legislatures and FEDCIR, MSPB, Most OSC and many other 'WRONGDOERS' and now more fully Ignore Me.

'IGNORE'= TO 'RETALIATE' UPON.
'IGNORE THE MESSENGER=SHOOT THE MESSENGER'.

Tpm, should your Staff have the time to directly comunicate with me with any questions or concerns and/or if I may be of assistance and/or further assistance, please do so and as you have my contact information.

Thank you for your time and consideration.

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In expression of a perception that is seemingly correct, clear and unmistakeable and should easily be able to be implied and concurred from a reasonable 'We the People' person is that to a relevant and siginificant, (sad and unfortunate) extent the above mentioned are,

'Supporting the 'WRONGDOERS' and view the 'WHISTLEBLOWERS AND ME' as the problem'.

Please note that;
1) Jury Trials,
2) Full District Circuit Review,
3) Secret and/or Classified material concerns,

are among some of the concerns that have previously been thoroughly reviewed, vetted and apparently fully supported and endorsed with written Signature from US Senator Barack Obama now US President Barack Obama Campaign.

Please note my prior mentions that the implementation enactment of the 'Death Penalty' is opposite and not in compliance of all Law, Democracy and Religion.

Thank you for your time and consideration.

user-pic

The Executive, Legislative and Judicial Leaders and Members and to a seemingly significant and/or relevant extent are supporting the 'WRONGDOERS' and ignoring (retaliating against) and view ME AND WHISTLEBLOWERS as the problem.

These inappropriate and seemingly appalling, horrific, disgusting, dispicable actions continue to contribute to hold our 'We the People' United States of America Democratic Government Nugatory.

Thank you for your time and consideration.

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please note, you write as if you were operating a nigerian email scam. i will disregard your ravings/spam accordingly.

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As you again suggested and may recall you have previously stated these exact ad-hominen remarks to and upon me and provide no assistance or substance to support your disrespectful remarks upon me and the Democratic endeavors of our US Constitution, Democracy and Declaration of Independence towards Life, Leberty and the Pursuit of Happiness for all.

As you again promise, I hope I will not hear or have to read a similar direct response of this nature from you and your supporters.

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you are absolutely incoherent. saying so is not an ad hominen attack.

your posts are little more than word salads.

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At best your reply is simple and wrong and as a GUESS, may only, to some extent, add to your seemingly need for attention to your seemingly endeavors of discension and a seemingly, to possibly some extent, real and apparent inability to distinguish fact from fiction, to possibly some extent right from wrong and possibly your inability to identify true significance in your many blog comment replies and possibly your seemingly attack out of context and usually possibly inapposite and/or absent of the relevance of the concern.

Also from your blog comment replies I have read, (not many), possibly you fail to fairly identify the problem and seldom or never do you offer any reasonable application to resolves or the proper and forthright endeavors, thereof.

(Again and also, you continue to fail in your promises to ignore my blog comment replies).

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It strikes me that yesterday's White House letter to Congress which smears Walpin by calling him "disoriented and confused" might just be payback for Walpin's unsolicited "special" report to Congress in which he outrageously smeared Mayor Kevin Johnson as a sex offender in the best Ken Starr tradition.

The White House is playing hardball on this and it looks like Walpin and his fellow right wing travellers are playing right into their hands by going postal over this. I expect more damning details on Walpin to come out because I am sure that his tenure as IG was dirty in the extreme.

I am also wondering why the Bush Administration gave Walpin's office unprecedented police powers when he came into office, whether any other IGs were also given such powers and what Walpin did with those powers.

Great, great reporting Zach.

user-pic

The Executive, Legislative and Judicial Leaders and Members and these GAP, NWC and POGO Organizations and to a seemingly significant and/or relevant extent are supporting the 'WRONGDOERS' and ignoring (retaliating against) and view ME AND WHISTLEBLOWERS as the problem.

These inappropriate and seemingly appalling, horrific, disgusting, dispicable actions continue to contribute to hold our 'We the People' United States of America Democratic Government Nugatory.

Thank you for your time and consideration.

user-pic

The White House letter does NOT say that Walpin was removed for being disoriented and confused. It says:

"Mr. Walpin was removed after a review was unanimously requested by the bi-partisan Board of the Corporation. The Board's action was precipitated by a May 20, 2009 Board meeting at which Mr. Walpin was confused, disoriented, unable to answer questions and exhibited other behaviors that led the Board to question his capacity to serve. Upon our review, we also determined that the Acting United States Attorney for the Eastern District of California, a career prosecutor who was appointed to his post during the Bush Administration, had filed a complaint about Mr. Walpin's conduct with the oversight body for Inspectors General, including for failing to disclose exculpatory evidence. We further learned that Mr. Walpin had been absent from the Corporation's headquarters, insisting on working from his home in New York over the objections of the Corporation's Board, that he had exhibited a lack of candor in providing material information to decision makers, and that he had engaged in other troubling and inappropriate conduct. Mr. Walpin had become unduly disruptive to agency operations, impairing his effectiveness and, for the reasons stated above, losing the confidence of the Board and the agency. It was for these reasons that Mr. Walpin was removed."

Maybe the Board will submit their report to Congress so we can get to the bottom of this. I certainly hope that Senator McCaskill, or better yet, Senator Grassley, asks for the report. Meanwhile, maybe, TPM can ask for it. Is it public?

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Probably not public, since it's a personnel thing. But that's just my guess.

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Mad as Hell:

The "bottom of this" is that Walpin served at the pleasure of the President. While his service may have pleased President Bush, it did NOT please President Obama.

Senator Grassley will never admit that a "full" explanation has been given to Congress and is perpetuating this nonsense beyond the point of insanity.

Although the Senate has the responsibility, authority, and ability to approve or disapprove presidential appointments, I have yet to hear that the Senate has the responsibility, authority, or ability to approve or disapprove the Presidents removal (firing) of anyone appointed by a President.

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first , the republican on the board agreed with firing this guy.

and it sounds like to me they are doing him a favor by not stating they think he has lost his mind.

my guess is the more he talks the more it will be evident.

the idea that obama would be so obvious in firing this man without reason is beyond posible.

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Let's see here.

He

had been "confused, disoriented, unable to answer questions and exhibited other behavior that led the Board to question his capacity to serve"

and

We further learned that [he] had been absent . . . ; that he had exhibited a lack of candor in providing material information to decision makers; and that he had engaged in other troubling and inappropriate conduct.

I think those are also all the reasons why McCain lost.

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Walpin will be able to use the fact that he has lost his mind as a defense when the full report of his misdeeds is released. The charge that he withheld exculpatory evidence could get him disbarred as well as fired.

I expect that, at some point, his media supporters will go silent and if the matter doesn't go away, the right wing choir will be singing, "Leave this poor feeble man alone!"

One way to look at this is that the White House is actually doing him a favor to give him this advance mental disability defense for when his misdeeds become fully public. However, the question still has to be answered as to why the Bush Administration gave this crazy old fanatic unprecedented police powers when they appointed him.

I hope we can get some fuller answers before Walpin says, "Never mind about all this, I'm tired." Maybe Senators Grassley and McCaskill should be calling for a public hearing about this.

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...the question still has to be answered as to why the Bush Administration gave this crazy old fanatic unprecedented police powers when they appointed him.

Why wouldn't they? They got the senile Ronald Reagan and the ignorant and disinterested George W. Bush both elected President, didn't they? Mental competence is no requirement to be a successful Republican politician if they can be trusted to say the right ideological statements. The only question they seem to ask is if he can be manipulated.

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Meanwhile the FBI is investigating Johnson's organization, http://www.sacbee.com/ourregion/story/1952940.html and, one of the columnists who is very supportive of Johnson says: http://www.sacbee.com/breton/story/1953069.html

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Walpin was appointed to his job by President Bush in 2007

Reason enough to kick his ass to the curb. Next.

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Rather than relying upon what the hyperventillating conflict mongers at Politico are saying, read the actual damn letter. Especially this part:

Upon our review, we also determined that the Acting United States Attorney for the Eastern District of California, a career prosecutor who was appointed to his post during the Bush Administration, had filed a complaint about Mr. Walpin's conduct with the oversight body for Inspectors General, including for failing to disclose exculpatory evidence.

This is serious misfeasance. Really serious. One need only reference the dismissal of the cases against Ted Stevens and his cohorts in Palinia and the world of trouble the the attorneys who were prosecuting those cases are in with Justice and the trial judge right now to see how serious it is.

As for the "confused, disoriented, unable to answer questions and exhibited other behaviors that led the Board to question his capacity to serve," my jaded lawyer mind--rightly or wrongly--interpreted that as a euphemism for "he gave the impression of a man who was lying his ass off, but with insufficient forethought and preparation to do it competently."

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Would you hire - or keep - an attorney who was "confused, disoriented, unable to answer questions"?

I sure wouldn't. Attorneys are hired primarily for their ability to think clearly and answer questions when they are asked.

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I wouldn't, but I hope others do or else I'm out on the street.

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Walpin might be partisan but not giving congress the 30 notice of Walpin's termination seems blockheaded & Bushlike.

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Did anyone cancel the resignation he submitted last January? Just asking.

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Bush appointed a 77 year old man to be Inspector General of a federal agency?

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Will it be enough? Enough for who? This White House does not owe Republicans any explanations. Surely not Crawls Assley!

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"The Frist Lady's role?"


NOOOOOOOO!!!! We got rid of diagnosis via video on the Senate floor; we don't need spouses of former GOP leadership playing a role in administration personnel decisions!

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