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July 30, 2008
Justice Department: inside the scandal
Posted: 08:47 AM ET
Former Justice Department White House liaison Monica Goodling and Kyle Sampson, former chief of staff to Attorney General Alberto Gonzales, testify on Capitol Hill, March 2007.
Former Justice Department White House liaison Monica Goodling and Kyle Sampson, former chief of staff to Attorney General Alberto Gonzales, testify on Capitol Hill, March 2007.

Bud Cummins
Former U.S. Attorney for the Eastern District of Arkansas, 2001-2006

For years, there have been allegations that the Department of Justice had made hiring decisions to fit a political agenda — which is illegal. Finally, this week comes confirmation from the department’s internal watchdog that several DOJ managers had done so. No surprise, really. But the story of how and why they were able to do it is remarkable.

When I made career hiring decisions as a U.S. attorney, I figured that the best way to make the president who appointed me look good was to hire the best people available. Apparently, the targets of this investigation showed favoritism to conservatives. They should have known better.

Certain to disappoint partisan opponents, there is no evidence that the practice was part of a larger conspiracy emanating from the president, Karl Rove, or the attorney general. I expect similar conclusions in the highly anticipated report on U.S. attorney firings.

The story is simple. Several political operatives worked hard on the campaign trail and then hung around long enough to be rewarded with jobs for which they were not ready. They lacked the experience, judgment and temperament for the positions they attained and the decisions that went with them. They were unsupervised by grown-ups. They screwed up.

I have always rejected the larger conspiracy theories holding that President Bush, or Karl Rove, or Attorney General Gonzales hatched some plan to affect specific cases or categories of cases around the country. There is little or no evidence that such a plan existed or that they were aware of any infractions at the time they were committed.

There were no legitimate “performance issues” justifying the various U.S. attorney firings. The U.S. attorneys who were fired served the president very well and were then slandered by his administration. And, as this week’s OIG/OPR report describes, very qualified candidates for career positions at the department were improperly rejected because in someone’s view they voted wrong.

I don’t think President Bush would have sanctioned any of these acts had he known the truth, but he could have been more decisive once the facts came out. False allegations of “performance issues” against seven of my colleagues have never been retracted and no apologies have been offered.

In short, Kyle Sampson, Monica Goodling, and others created a royal mess. In trying to protect themselves, they allowed their bosses to make numerous public statements that were simply untrue. General Gonzales appeared clueless, making him look more culpable than he probably was. The White House continued to support him long past the point of reason. Anyone with crisis management experience must have winced watching the “management” of these controversies by the administration.

Don’t be so naïve that you think other administrations have been totally neutral in hiring. DOJ was certainly not overloaded with conservative attorneys in 2000. You could forgive Sampson, et al. for perceiving an imbalance. But the events described in the report are clearly out of bounds. They should have never happened and now we know that the people that committed improper acts probably should have never been put in those jobs to begin with. Lesson learned.

Perhaps the larger lessons are these:

First, the best political operatives don’t necessarily make the best administrators. It takes a different skill set to win an election than it does to properly run a government. Future presidents might want to think twice before rewarding highly partisan political operatives in this way.

Second, when you find yourself in a Washington controversy (or any controversy for that matter), either tell the truth or shut up. All other choices end in disaster and embarrassment, and in this case, the lost credibility of the Department of Justice. That is sad because the department has otherwise produced a fine record of achievement during this administration.

Editor’s Note: Mr. Cummins is now working in private practice and on several business ventures in Arkansas.

24 Comments
Filed under: Bud Cummins •  Keeping Them Honest •  T1
24 Comments
deborah, OH   July 30th, 2008 9:05 am ET

It’s amazing how power can corrupt people, & make them stupid.
People who don’t know what they are doing in a job, are just kidding themselves, when they think they can get away with it.
Now, if this could only lead to Mr. Rove…

Greg   July 30th, 2008 9:51 am ET

Oh what short memories you all have, when Bill Clinton came into office he fired all U.S. attorneys and filled all the positions with his cronies. The U.S. attorney positions are political appointment positions. Be a man or a woman and stop whining about getting axed!! You too were once appointed for the position, you did not earn it. ONCE AND FOR ALL,THESE ARE APPOINTED POSITIONS BY WHOEVER IS THE PRESIDENT’S JUSTICE DEPARTMENT. So if U.S. attorneys get fired in 4 or 8 years, it should be no surprise!

Teresa, OH   July 30th, 2008 10:04 am ET

RE: “That is sad because the department has otherwise produced a fine record of achievement during this administration.” say what?

If we would all step back and think about hiring “practices” in any field, we would realize that hiring “practices” arent really based on any concrete rules. It almost makes sense that one would hire people to carry out their “agenda”. In a sick way, it makes sense.

How many people get jobs because of a friend or relative or your family name? How many get jobs to fill in minority quotas? Why are their more waitresses and not waiters? There are all kinds of hiring “practices”. Be honest: how did you get YOUR last job?

And the last paragaph up yonder: “Second, when you find yourself in a Washington controversy (or any controversy for that matter), either tell the truth or shut up” What the hell kind of mentality is that? Shutting up is to promote lies by OMISSION.

Cindy   July 30th, 2008 10:52 am ET

UMM…don’t all presidents stack the deck in their favor so to speak? So what’s the big deal now!?

Cindy…Ga.

Annie Kate   July 30th, 2008 10:55 am ET

The Bush administration seems to have a habit of putting people in jobs for which they are not suited. The country has suffered as a consequence. I just hope that whoever gets elected next for President is better - but I’m not going to hold my breath.

Annie Kate
Birmingham AL

Tom   July 30th, 2008 11:02 am ET

While it may be true that the precedence for appointing like-minded or even simply like-voting individuals to these attorney positions exists, it does not change the fact that such hiring is objectively wrong. It is the purpose of the DOJ to serve as a check on the government as well as to provide proper judicial and administrative care. Such a statement may sound naive and certainly it is unlikely that these hiring practices are unlikely to change with whoever is elected this fall, but it is nevertheless a point that should NOT be simply chalked up to common political practice. Ignoring a fundamentally ill-conceived practice makes all of us just as culpable as those doing the hiring.

Larry   July 30th, 2008 11:20 am ET

Barack will have his alumni from harvard knocking at his door: McCain, well we know he’ll be back in the senate so there’s no point in going there.

Labatt   July 30th, 2008 11:23 am ET

You really think no one at the top was involved? We are finding out that Karl Rove was probably responsible for a politically motivated prosecution of a former Alabama governor and you don’t think he would have his hand in this honey pot too? I worked for conservative knuckleheads during the republican revolution and the old guard has been laying the groundwork for this sort of thing for years and years. Just take a look at an organization like the Leadership Institute in Arlington. Partisanship is one thing, and I think the top echelon of the executive should be filled with like-minded (but not stupid) people. What the Bush administration has done in every level of government is install ideologues and/or big business advocates.

Heather,Ca,US   July 30th, 2008 12:06 pm ET

You are absolutely right! I couldn’t agree more!

seah ohio   July 30th, 2008 12:40 pm ET

This is nothing compare to what it will be like with Obama as a President.

You will have a President who is not prepared, experienced or ready for the Job.

who’s claim to fame is talking people into things.

The facts remain, He still stutters, stammers and draws a blank stare when ask basic Questions on topics he should be fully versed on.

This story will pale into nothing in comparison.

Jim   July 30th, 2008 12:58 pm ET

We have the government that we deserve. What fools this democracy must be made of given the soiled fabric of the elected.

Alex   July 30th, 2008 1:18 pm ET

This deal has Karl Rove written all over it. It is also a typical example of how previously good people became corrupted by “power.” Whats worse is all these folks obviously drank from the same cup because when it came to make the “right” or honest decision, they got stupid real quick!

Kirby in New mexico   July 30th, 2008 2:00 pm ET

Let’s face it the G.O.P. (Greedy old party)is on its way out.It will follow the dinasaur as things which have become extinct. The democratic party will be following close behind.Working people in this country are becoming increasingly restless.And politics as usualis on its way out the door. The rich elitists who have run this great nation into the ground,are on thier way out. And we the working men and women of this country along with the poor are about to bring this to fruition. Mr. Politician look what you have done. You have morally and financially bankrupt this great nation. All with misinformation ,greed and lies. You have turned a once proud justice system into a laughing stock. But you know what, We are simply not going to take the deterioration of our lives and liberties any longer. You have made it such a farce, even our votes and the process there of are in question. I have a feeling we are about to arise in a big way , A way that will make the unrest of the 60’s look like childs play. So here is the word for the rich and politically elite …….BEWARE As for you the American worker . Stand up and let your voices be heard. We simply can not afford not to. We are not sheep we are Proud Americans.

JC- Los Angeles   July 30th, 2008 2:16 pm ET

As you mention, the story is simple; political operatives “hung around long enough to be rewarded with jobs for which they were not ready. They lacked experience, judgement and temperment…..”

This is a metaphor for the past eight years; it comes down to a lack of oversight at all levels and absoluteley no accountability whatsoever.

Monica Goodling and Kyle Sampson are just the latest in a long time of unqualified “yes men and women” that have failed upward into prestigious positions while the truly qualified are left to fend (and defend) themselves.

Let’s take a look at the hacks the American people have had to tolerate due to no oversight, imcompetance or malfeasance:

Bush, Cheney, Rumsfeld, Rice, Greenspan, Brownie, Wolfowitz, Gonzales, Rove, Ebbers, Lay, Rigas, Mozillo, O’Neil, Cayne, Prince, Kozlowski, Goodling, Sampson, Duke Cunningham, Delay, Condit, Spitzer and McGreevey; I’m sure I could go on.

If nothing else, I’m hopeful laws will pass that hold a lack of oversight punishable by law; don’t we deserve better?

Larry   July 30th, 2008 2:42 pm ET

Soon as Bush is gone then the democrats will control the executive branch, the congress and the the house; all will be utopian by the end of jan/2009.

Roberta Gallant   July 30th, 2008 3:45 pm ET

Karl Rove is nothing but a crook and a liar! Mr. Rove should now
to to prisn for his scandle and conspiracy. He deserves some at-prison time now. This persons is no good to work in Washington, D.C. Do you agree with me?

Jack   July 30th, 2008 4:54 pm ET

To Seah of ohio,
After 8 years of this administration and thats the best you could come up with?. REALLY!!. BLESS YOUR HEART!.

Sharon D, Indianapolis, IN   July 30th, 2008 5:50 pm ET

Political favoritism has been the downfall of the Bush Administration. Giving inexperienced “cronies” jobs are not the staple for good government building.

I hope the next president surrounds himself with qualified individuals that are able to perform their duties for the American people not just for the party, social network or payback of campaign favors.

Chris (El Segundo, CA)   July 30th, 2008 6:25 pm ET

I don’t think any of the federal prosecutors had an issue with being replaced at any time. That concept is baked into the job. They know that. The issue seems to be reputation. Its one thing to be replaced as part of a time-honored cyclical process, its completely another issue to be replaced and it tied to performance when that clearly was not the issue. Check their conviction records. They all performed exceptionally. That is why this is so stupid. They should have just been replaced with a hand shake and a “thank you for your service” rather than tried to boot them for performance issues they had no evidence of poor performance, and the facts were to the contrary.

I applaud them for not taking it in the shorts and quietly going away. They have their reputations to think about. None of them are retiring tomorrow. Your reputation is all they have and they, especially Mr. Cummins, chose to stand in there and fight the machine. He did a hell of a job and helped turn this half-assed administration on its ear for a few months. Bud Cummins is my new hero. Nice going Bud!

joe   July 30th, 2008 6:54 pm ET

what’s wrong with you people?!!! If you don’t see what’ s wrong with hiring and positioning individuals who are inexpereinced there’s something real wrong with our sociey.

Look at Katrina, look at Iraq, the list can go on and on; all of these events could have been averted or lessen if idiots who have no business in office weren’t hired.

We’re in this mess because of poor leadership, political favors, and not looking at alternatives

Ron Berkeley,Ca.   July 30th, 2008 7:33 pm ET

Monica Goodling,Kyle Sampson ,Alberto Gonzales and others,should return before congress to explain the criminal actions they involved themselves in. The justice department is supposed to be the most impartial of agencies in our government. Our Government, Not, the Republican government. This time no taking the Fifth. Oh, I forgot about Mr. Karl Rove, and Dick Cheney.

Ron Berkeley,Ca.   July 30th, 2008 7:50 pm ET

Bud Cummins apparently did not watch C-Span,as I did during the hearings of those crooks. I would really like to get some straight talk from these people like Cummins,and others who claim to know who did or did not have involvment in this dispiccable ,criminal mess. As for Dick Cheney,Karl Rove,and others, I say, no more Blinders.

Octave Hycinth. Sr   July 31st, 2008 12:11 am ET

This Justice Department is just a small part of the problem, the problem is that Bush decided to move from a democrat system and governed as a Dictator. He hired Professionals to do their jobs, but once they started working with the book he think they were too smart so he put the Welds to fit and the fitter to weld. If you don’t know what you are doing you , you don’t know. I remember when Powell got the Secretary Of State job he said the first thing he is going to do is to talk with North Korea before the day end Bush Spokesman came out and said we are not going to do that. Seven years later he did just that, the only difference it was too lat, they had nuclear bomb by then. Bush and Cheney made it clear to the people they hired to adviser them that they should keep their opinions if they were not inline with their. I will say this that the Democrats don’t have the guts to do their job, but the good Lord is waiting for them with lots of guts. No tank you.

Octave Hyacinth. Sr
Long Beach, CA

Clayton, Ar.   July 31st, 2008 3:42 am ET

We american citizens are living in an america that has been rotting from political waste and refuse dumped on us by a government that has truely forgotten what the real meaning of the word “Patriotism” is. A word that I came to revere as a child while learning the great history of our nation, and how it became great. The foundation of this nation was not built by a government. It was built by patriots, americans! Led by fellow americans who clearly decided that to stay the course, allowing a government, distanced more by its’ own selfish agenda than the miles of ocean between them, was, well, for the american colonist, it staying the course was like wallowing in a political waste and refuse dump of a govrnment that had forgotten them. Sounds familliar, huh? We as americans today, have much in common with the colonist that founded this nation, We also have to make some equally hard choices as they did, do we stay the course? A course that follows a government as distant and self serving as the colonist faced. Do we as did the colonist, believe in a cause, and each other, and stand together to say NO MORE. We must stand up as americans, AS PATRIOTS, and take back our country, our rights and liberties lost by allowing the government to sign into law, something they cleverly called the “Patriot Act” . Think about it. That is quite ironic isn’t it? The word “Patriot” as I came to know it stood for those who fought for our rights and liberties in the founding of this nation and of those who have fought since to protect them. How could we disgrace a word so truely meaningful and representative of democracy of freedom and our nation by using it to name a law that strips certain rights and liberties from its’ citizens. It would have been more approriate to have named it the “Paranoid Government Act”. Call it what it is, not the “Patriot Act” you gotta be kidding me, did the Department of Education begin failing years earlier than we thought. That would help explain the obvious ignorance on behalf of millions of people who really think that is patriotic, and was good. Wake up People, Wake up and see what is really happening to your country, your HOME. Together we really can make a difference, we can be true Patriots, not the ones that like to call themselves that while continuing the slow methodic removal of our freedoms, and disgracing what America has always stood for.

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