The Schloz can breathe a sigh of relief.
The Justice Department has decided to uphold the Bush administration's decision not to charge former Bush DOJ official Bradley Schlozman with perjury in connection with his testimony about politicized hiring at DOJ. The news was contained in a letter from Assistant Attorney General Ronald Weich to Sen. Chuck Schumer, which was obtained by TPMmuckraker.
See the letter here.
Weich wrote:
After careful examination of the evidence and the law, and upon consideration of other relevant prosecutorial factors, the Attorney General concluded that the United States Attorney's decision was reasonable and should be afforded due deference. The Attorney General thus has decided that the decision to decline prosecution of Mr. Schlozman should not be disturbed.
A report by the Justice Department's Office of Professional Responsibility found that Schlozman, who in 2006 served as acting head of the DOJ's Civil Rights division, had violated rules against politicized hiring, and had lied to Congress about it when questioned under oath by Schumer.
But in January 2009, before President Bush left office, the U.S. attorney's office for the District of Colmbia announced that Schlozman wouldn't face charges. Soon after taking office, Attorney General Eric Holder initiated a review of that decision.
In the letter to Schumer, Weich adds:
As the Attorney General testified at his confirmation hearing, he was disturbed and dismayed by the conduct of Mr. Schlozman as detailed by the Final Report issued by the Office of the Inspector General and the Office of Professional Responsibility...The Attorney General firmly believes that providing false statements to Congress cannot and should not be tolerated and should, where provable
beyond a reasonable doubt, be prosecuted.
And Weich concludes:
To be clear, nothing in the Attorney General's determination to sustain the United States Attorney's decision should be construed as an endorsement of Mr. Schlozman's improper hiring and personnel-related practices as described in the Final Report.
Schumer responded to the letter in a statement, declaring:
This is a very disappointing decision. Perjury is often a close call, but in this case it wasn't. Mr. Schlozman was way over the line.

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Dave Bowman
September 11, 2009 2:40 PM
It's official: Perjury isn't a crime.
Holder should be on tv, because he's just playing the part of AG. Looks great in a suit, though!
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trblmkr
September 12, 2009 2:40 PM in reply to Dave Bowman
"...and upon consideration of other relevant prosecutorial factors..."
Like putting manpower on the already-once-dropped-but-highlighted-ad-nauseum on Fox news "New Black Panther" voter intimidation case.
The squeaky wheel gets the grease, indeed!
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theWalrus
September 11, 2009 2:46 PM
Yep. It's now officially ok to lie to Congress. Then again, it's officially ok not to show up at all if you've been subpoenaed. This is very disturbing and smells really, really bad.
It also begs the question: why are there still so many [loyal] Bush DOJ appointees STILL in place at the Obama DOJ???
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Chabuka
September 11, 2009 2:51 PM
I am wondering out of all the choices for a real Attorney General.....why did Obama choose Holder....? Was it because of Holders previous work with in the Bush Administration....and what the hell is this obsessive love affair between the Obama Administration and the Cheney/Bush Administration....? (Makes you wonder.."two peas in the pod"?) No wonder "the people" don't trust government....no one in "Government" has been held accountable since Richard Nixon...but the God Damned police will crack heads and tax people to death for "dissent", even just peaceful assembly (our Constitutional "right")..what a country we have let these people create (for us)
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JNagarya
September 13, 2009 1:38 PM in reply to Chabuka
Bullshit on the anti-tax crap. You aren't taxed to death.
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theWalrus
September 11, 2009 2:54 PM
[Schloz's lawyer] Bill Jordan, said his client "is extremely pleased" by the attorney general's decision, and called the original allegations in the report "grossly inaccurate and biased."
Prediction:
Number of Bush officials who will be indicted by the "Obama" DOJ for any of the numerous crimes they committed: 0
Sick.
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ally
September 11, 2009 3:02 PM
So the Dems don't prosecute obvious perjury of Republicans.
The Dems don't Censure an overt and flagrant disrespect of the President by a Republican House member.
So basically the Dems roll-over-and-play-dead Every time Republicans abuse their positions. Oh and Harry Reid agrees with everything the Repugs say about Co-ops and against the PO.
So why have I worked my butt off to get the Dems elected?
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KeithL
September 11, 2009 3:08 PM
Of all of Obama's cabinet picks, with the possible exception of Hillary, Eric Holder was the most potentially important and determinative of all of Obama's chances to restore the rule of law to our culture.
With all of the obvious, venal, dishonest and despicable loyal bushies infesting the halls of Justice, Mr. Holder's greatest problem SHOULD have been who to target first. Despite a daunting plethora of scandalous, Constitutional crimes committed, often within his own, new department, Mr. Holder has apparently seen fit to PUNT at virtually every opportunity.
After Larry Summers and his Wonder Boy Timmy, Holder is the greatest disappointment in a veritable parade of Village holdovers and Clinton retreads. What the Hell is he doing to uphold the Constitution or dispense justice?
He does look good in a suit, though!
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Bushie
September 11, 2009 3:17 PM
The short of it; Schlozman's one of us, and we don't prosecute us these days.
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mcc
September 11, 2009 3:35 PM
Isn't this exactly the situation contempt of congress was created for?
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verite
September 11, 2009 3:51 PM
Join me in asking AG Holder if lying to congress is now an acceptable practice:
askDOJ@usdoj.gov
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diachronic
September 11, 2009 4:18 PM
Schumer of all people should know that the DOJ is a place where truth is negotiable and words like 'perjury' and torture' are no more than syllables. He was the one who brought in torture-loving AG Mukasey who made very clear in his confirmation hearings that his job would be to kick everything, potential war crimes, perjury, illegal firings and hirings, down the road to the next Administration.
Well, some things can't be deferred till it is more politically advantageous. Condone torture and perjury once, and you have condoned it forever.
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JEP07
September 11, 2009 5:02 PM
Didn't Schlotzman get a TV gig, playing a genie in a Cox Communications commercial? The voice sure sounds right... and the little genie looks just like him!
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TheOtherWA
September 11, 2009 5:10 PM
Well that's depressing news for a Friday afternoon. WTF is Holder thinking?
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JohnW1141
September 11, 2009 7:52 PM
The next time you hear Obama or Holder refer to the "rule of law" or, "we are a nation of laws" you can laugh along with me.
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Huckleberry Finn
September 11, 2009 10:43 PM
I wonder if DOJ struck a behind-the-scenes deal with Mr. BS and he may rat out or testify against other bigger fish in the USA Removal Investigation? Maybe they squeezed his nads and Squeaky Clean is gonna sing like a canary.
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JohnW1141
September 12, 2009 9:32 AM in reply to Huckleberry Finn
Huck,
could be, but from what I've seen with this Administration/Justice Dept., they just don't want
to prosecute anyone from the Bush administration.
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chard
September 12, 2009 12:29 PM in reply to JohnW1141
I'm thinking this Admin has a (quickly fading) notion that they'll get a second term, and hopes to hold off on prosecutions until they're home free and can't be accused of being partisan witch-hunters.
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JohnW1141
September 12, 2009 1:12 PM
chard,
they better be careful it doesn't backfire. They motivated people to elect Obama but once in office he's disappointing a lot of people, kind of dis-motivating (is that a word?)
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arggh
September 13, 2009 10:32 AM
Well, it's official. Schlozman didn't lie. Now I know that you folks don't want to believe it. But you're basically in denial.
Just to toot my own horn here. I have written what I think is the only serious analysis of why Schlozman's testimony is not perjury.
http://tpmmuckraker.talkingpointsmemo.com/2009/01/why_no_charges_for_schlozman.php#comment-3339604
And I predicted that Holder's DOJ would not prosecute Schlozman.
http://tpmmuckraker.talkingpointsmemo.com/2009/03/doj_were_reviewing_decision_not_to_prosecute_schlo.php#comment-3410632
So I'm sticking by my analysis. It is one thing to be a sleazy government official. It is another thing to lie under oath. Schlozman may have been a slimy political hack, but he told the truth to Congress. Or, at the very least, nobody could prove or was even willing to try to prove, that he lied.
But for everyone jumping up and down screaming about Schlozman-the-liar (that includes you Senator Schumer), nobody is willing to look at his actual testimony and explain where it is he committed the crime of perjury. That, to me, is just a bunch of blow-hards blowing hot air. If you think he committed perjury, then prove it. Obviously, six career prosecutors and a second independent DOJ review couldn't find enough meat there to proceed. If you can do better, then do it.
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JNagarya
September 13, 2009 1:45 PM in reply to arggh
"independent DOJ review"
Yeah: that's why Schlozman was there: to ensure that investigations were not independent.
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Richard L. Adlof
September 15, 2009 4:19 PM
Does Schlozman collect a pension from his service on the AG's Office? If he does, Congress can still impeach him and strip him of his pension.
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