George W. Bush

New GAO Report Exposes More About Politicization of Department of Justice Under Bush

With a new Government Accountability Office report on the activities of the Civil Rights Division of the Department of Justice between 2001-2007, we are learning even more about a department that had been politicized to a dangerous degree under the Bush Administration. Instead of representing the best interests of the American people, the DOJ had been turned into a political machine. The report, obtained by The New York Times, found:

When compared with the Clinton administration, its findings show a significant drop in the enforcement of several major antidiscrimination and voting rights laws. For example, lawsuits brought by the division to enforce laws prohibiting race or sex discrimination in employment fell from about 11 per year under President Bill Clinton to about 6 per year under President George W. Bush.

The report also found that recommendations of career DOJ lawyers to pursue voter intimidation and other cases were inexplicably rejected, with the supervisors leaving no information explaining why the cases had been closed.

The office also found that case files often had no information explaining why supervisors had decided to close cases, sometimes against the recommendation of career officials. In a companion report, it also found that six years of internal audits about the division’s case-tracking system were missing.

People For the American Way followed the politicization of the DOJ during the Bush Administration, calling for the resignation of then-Attorney General Alberto Gonzales and others who played a part in the department’s politicization. We reported on the U.S. attorneys scandal, in which career attorneys at the department were instructed to follow the lead of the White House, not the rule of law, to smear Democratic candidates, protect GOP candidates, and suppress voter turnout through overzealous pursuit of baseless voter fraud claims. We responded to the Inspector General’s report which confirmed the inappropriate actions surrounding their firing.

PFAW

What Do the Results of this Year’s Gubernatorial Races Tell Us About 2010?

With right wing candidates winning both Virginia and New Jersey's gubernatorial elections, the Far Right is gleefully portraying these victories as a national repudiation of President Obama - and a foreshadowing of crushing defeats for progressives in 2010.

But it doesn't take a rocket scientist to see that's nonsense.

Go back eight years, to when George W. Bush was in his first year of office like Obama is today. In November of 2001, Democratic gubernatorial candidates in both Virginia and New Jersey handily won their elections, shifting party control of the governor's mansion in both states. What did this tell us about GOP weakness in the next year's midterms?

Not much.

The same month that Democrats won in Virginia and New Jersey, Bush was at the height of his popularity, scoring approval ratings in the mid-to-high 80s. And in the 2002 midterms, he parlayed that popularity into stunning successes for the Republicans in both the Senate and the House.

So what do the results of this year's races tell us about 2010?

Not much.

PFAW

The Audacity of Blackmail

According to the Daily Beast, the GOP is threatening to filibuster President Obama’s legal nominees if he moves to release the infamous “torture memos” that came out of the John Yoo-era Office of Legal Counsel:

A reliable Justice Department source advises me that Senate Republicans are planning to “go nuclear” over the nominations of Dawn Johnsen as chief of the Office of Legal Counsel in the Department of Justice and Yale Law School Dean Harold Koh as State Department legal counsel if the torture documents are made public. The source says these threats are the principal reason for the Obama administration’s abrupt pullback last week from a commitment to release some of the documents. A Republican Senate source confirms the strategy. It now appears that Republicans are seeking an Obama commitment to safeguard the Bush administration’s darkest secrets in exchange for letting these nominations go forward.

It was bad enough that George W. Bush spent the last eight years politicizing the Department of Justice and degrading the rule of law. Now, instead of working with the new administration to clean up the DOJ, Republican Senators are apparently doubling down and desperately attempting to cover up the Bush Administration’s misdeeds and their own complicity.

As several of the Democrats on the Senate Judiciary Committee said during the Committee’s vote on Dawn Johnsen’s nomination: bring it on. If the GOP wants a public debate about what’s been going in on the Justice Department, that’s the kind of debate the American people will understand.

In the mean time, now would be a good time to remind every member of the U.S. Senate, Democrat and Republican alike, that it’s time to confirm Dawn Johnsen and clean up the DOJ.

PFAW

Do elephants really never forget?

From today's Politico:

McConnell said that Coleman’s team seems to have been laying the groundwork for a federal appeals challenge by citing the 2000 Supreme Court case in Bush v. Gore, which ended the Florida recount. McConnell argued that the equal protection clause of the Constitution ensures that each county should use similar standards in counting its ballots, which the Coleman campaign asserts was not done in Minnesota.

"We all remember Bush v. Gore," McConnell said.

I am not sure Senator McConnell remembers.

It's interesting that McConnell is willing to let an election -- which has already had a recount -- hang in the air for two months. After all, less than a month after the 2000 election, McConnell was already demanding that Al Gore concede to George W. Bush. McConnell's comments to the Lexington Herald-Leader on Nov. 27, 2000:

We've had a count, we've had a recount, we've had a recount of the recount. It's been three weeks since the election and it's time for Gore to be a statesman and give it up.

But do not worry, others have not forgotten, Senator McConnell.

PFAW

NYT: Who's Filibustering Now?

Great editorial in New York Times this morning recognizing the hypocrisy of Senate Republicans threatening to filibuster President Obama's judicial nominees well before any are named and urging Senator Leahy to let the blue slip process -- under which senators get a way to block judicial nominees from their home state -- die quietly. The editorial very eloquently echoes some of the most important points People For the American Way has been making for weeks, and it is definitely worth reading.

When President George W. Bush was stocking the federal courts with conservative ideologues, Senate Republicans threatened to change the august body's rules if any Democrat dared to try to block his choices, even the least-competent, most-radical ones. Filibustering the president's nominees, they said, would be an outrageous abuse of senatorial privilege.

Now that President Obama is preparing to fill vacancies on federal benches, Republican senators have fired off an intemperate letter threatening -- you got it -- filibusters if Mr. Obama's nominees are not to their liking. Mr. Obama should not let the Republicans' saber-rattling interfere with how he chooses judges.

Read the whole article.

PFAW

A Taste for Contact: McCain's Debating Style

The first debate between McCain and Obama is this Friday—unless McCain’s call to postpone it is successful, that is.  In preparation, the New York Times has put together analyses of the debating styles of both candidates.

 Notably, they spotlight McCain’s taste for contact:

What lasts from a review of Mr. McCain’s national debates — 21 this primary season and more than seven in 2000 that included George W. Bush — is that he relishes direct confrontation. He presents himself as the authority on the broad themes of war and peace, life and death. And depending on his level of contempt for his opponent, he can drip with condescension, even as he sits calmly with his hands folded in front of him, smiling.

No doubt, McCain does not try to hide how he feels about his opponents.  It did not take a studied political observer to pick up on McCain’s distaste for Romney, for Paul, for Keyes, or for Bush, especially during the South Carolina debacle.

PFAW

More on the Human Toll

Earlier this week, People For the American Way Foundation released its Human Toll report with eye-opening stories of American men, women and children whose cases have come before judges nominated by George W. Bush and confirmed by the Senate. It puts a human face on the dangers posed by the political ideology of Bush judges. They are not alone in coming to this conclusion.  Check out this op ed in the Seattle Post-Intelligencer. And check out as well this piece in the Legal Times on the recent Brookings Institution study indicating that under a McCain presidency, Republicans could increase their current 15 percent majority on federal courts of appeals by another 18 percent.  Thanks to my colleague Glenn Sugameli at Earthjustice for bringing these items to my attention.

PFAW

The Human Toll

Today, People For the American Way Foundation* put out a report titled The Human Toll: How Individual Americans Have Fared at the Hands of Bush Judges.  It’s essentially a review of the stories of individual Americans who have found themselves in front of judges put on the bench by George W. Bush.  In many cases, the result isn’t pretty.

With that in mind, let me point out an important fact: John McCain has supported every single one of George Bush’s judicial nominees.

So, for that matter, have most of the incumbent GOP Senators up for reelection this year.  John Sununu (NH), Elizabeth Dole (NC), Ted Stevens (AK), Gordon Smith (OR), Norm Coleman (MN), James Inhofe (OK), and John Cornyn (TX) are probably the ones in the closest races.

You might want to keep that in mind while you read the report.  It’s a pretty interesting read, if I do say so myself.

* - (Which is affiliated with People For the American Way in ways too complicated to get into here.)

PFAW

Ledbetter v. Goodyear and Fair Pay, One Year Later

As a Senator, John McCain has helped George W. Bush pack the federal courts with right wing judges, judges who serve for life and who will extend the legacy of President Bush for decades to come. In fact, it seems that Senator McCain has never met a bad Bush judicial nominee he didn’t like, including John Roberts and Samuel Alito. With McCain’s help, Roberts is now the Chief Justice of the United States, and Alito is right by his side on the Supreme Court.

And with McCain continuing to heap praise on Roberts and Alito, it’s only fitting, as we approach the first anniversary of one of the most harmful rulings in which Roberts and Alito have participated, to take a look at the damage done in that one decision alone.

PFAW

Been Stuck on a Plane With Overflowing Toilets Lately?

Well, thanks to a ruling yesterday by a trio of judges put on the federal bench by President George W. Bush, New York State's efforts to give a modicum of human dignity to airline passengers stuck in planes for hours on the ground may now be for naught.

PFAW

Court to Consider Constitutionality of Indiana's Voter ID Law

This week, the Supreme Court added 17 more cases to the 26 it has already agreed to hear during its upcoming term, which starts on Monday, October 1. Among the newly-added cases is one that is likely to have far-reaching consequences on the abllity of many Americans to be able to go to the polls on election day and cast a vote. The case, Crawford v. Marion County Election Board, is a challenge to the constitutionality of Indiana's voter ID law, which requires voters to show a current, government-issued photo identification at the polls in order to be allowed to vote, allegedly to combat voter fraud.

PFAW