Friday, April 20, 2007

Impeach Gonzales

The US Attorney General (AG), as head of the Justice Department, wields the enormous power of charging Americans with federal crimes. He can have his subordinates investigate you, haul you before a federal grand jury, and recommend that you be indicted. If the Grand Jury follows this recommendation (and most of them do), you will face public humiliation, big legal bills, and possible loss of your job ---even if you are not convicted. If you are convicted (and most indicted people are), you face years in prison, financial ruin, and loss of any professional license or public office you might hold.

For this reason, it is essential that the AG and his staff are fair to all suspects. Any use of the US criminal justice system for partisan advantage is a violation of the right of every American to "the equal protection of the laws" guaranteed in the Fourteenth Amendment and is therefore grounds for impeachment and removal from office.

We must consider the recent scandal about the firing of 8 (out of 93) US attorneys by AG Alberto Gonzales in light of this possible abuse of power. First, let us grant that the Justice Department has a proper role in advancing the political agenda of the President and his administration. For example, the decision to appeal (or not appeal) a ruling of a federal court will reflect the ideology of the President. Arguments raised before the courts on the possible unconstitutionality of a law or government action must also reflect administration policy. The election of a particular person to become President of the United States is tantamount to endorsement of that candidate's political philosophy by the people.

However, the US attorneys practice before the federal District Courts, where these issues are not considered. Their primary mission should be impartial and effective law enforcement .

We have been frequently reminded in the past few weeks that these attorneys "serve at the pleasure of the President", and so can be replaced at any time without cause. However, exercising this legitimate power in furtherance of a corrupt scheme is still grounds for impeachment, as in the Watergate Case. (1)

But has the Bush/Gonzales Justice Department abused its powers?

1. Since George W Bush became President, the Justice Department has investigated or indicted 298 Democrats and 67 Republicans.(2) Can you believe that there more than 4 corrupt Democrats for every corrupt Republican? That would be the only legitimate justification for the disparity.


2. New Mexico Republicans called US Atty. David Iglesias last Fall to urge him to indict Democrats for vote fraud. When he refused, the New Mexico GOP chairman complained to White House aide Karl Rove, who then complained to the Justice Department. Shortly afterward, Iglesias was placed on the list of prosecutors to be fired. (2)

3. Gonzales' chief staff urged that US attorneys be evaluated on whether they are "loyal Bushies."

Although these facts indicate political favoritism by the Bush/Gonzales Justice Department, none of them can be characterized as a "high crime" or misdemeanor, the criterion for impeachment. However, there is excellent evidence that Gonzales lied under oath to the Senate about his participation in making the list of US attorneys to be fired.

If President Bill Clinton deserved to be impeached for lying about sex, Gonzales certainly deserves the same for lying about political considerations in the administration of justice. Clinton's affair, as reprehensible as it was, in no way threatened the fair enforcement of federal laws. Gonzales lied about precisely that.

Since we know that House Republicans consider even one lie under oath justification for impeachment, they should be leading the clamor to impeach Gonzales for perjury. If they won't, let the Democrats do it. I believe that if the House Judiciary Committee approves impeachment of Gonzales, he will follow the example of ex-President Richard Nixon and resign before the full House even takes action on the charge

Perjury may not be the most serious allegation against Gonzales, but if it is the one can be proved, let's go with it.

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(1) After President Richard Nixon fired Special Prosecutor Archibald Cox (who had subpoenaed White House tapes) in October, 1973, the House Judiciary Committee began impeachment proceedings. After the Committee approved Articles of Impeachment in July, 1974, Nixon resigned.

(2) "The Flack Gap" by Jonathan Chait in the New Republic, April 23, 2007.

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Tuesday, April 17, 2007

Tommy and the Jews

"I"m in the private sector, and for the first time in my life I'm earning money. You know that's sort of part of the Jewish tradition, and I do not find anything wrong with that."
Former Wisconsin Governor Tommy Thompson, speaking to a meeting of the
Religious Action Center of Reform Judaism. (1)

" A life of wealth and honor...."
Jewish prayer for the coming month

Before the end of the meeting Thompson added ..."If anybody took what I said wrong, I apologize." Since what the former governor said was neither false nor negative, I see no reason to apologize, although the demands of "political correctness" have impelled quite a few people to do so recently.

Although some Jews find it embarrassing to note, it is a fact that Jews earn more and have more than other Americans. This is also true in other countries with a free-enterprise system in which Jews are able to compete on a fair basis. Any list of the most successful businesses in the Milwaukee area since World War II would have to include MGIC, Manpower, Jack Winter, Astronautics Corporation, Fleet Mortgage, Towne Realty, Robert A Polachek Realty (now CB Ellis), Guaranty Bank, Stein Optical, Master Lock, Miller Compressing and Sampson Enterprises. All of these firms were founded and run by Jews, a group that never exceeded 3 percent of the population. Jewish professionals, such as doctors, lawyers, and accountants have also been among the leaders in their fields in this metro area.

As Thompson correctly noted, Jewish success in business stems from the traditions of Judaism, which have always had a healthy, positive outlook on acquiring wealth, as cited in the Rosh Chodesh prayer above. The Talmud considers Abraham's wealth, which was passed on to Isaac and then Jacob, as a sign of G-d's favor. Vows of poverty, still used by some Catholic orders, have no place in Judaism. In fact, the Talmud terms poverty as not much better than death. If you want to send your children to Jewish schools, eat kosher, and live near a synagogue, you need quite a bit of money.

Tommy Thompson, now seeking the 2008 Republican nomination for President, was simply trying to link his new affluence with that of his audience of Reform Jews. He also referred to Israel Bonds as "Jewish Bonds" and spoke favorably of the Jewish Defense League (JDL). The ex-governor apparently did not know that many Jews are uncomfortable with references to Jewish wealth and that Reform Jews hate the JDL.

Was this a "Brainwash Moment" like the one that sank Michigan Governor George Romney's 1968 campaign for the GOP nomination? (2) Probably not, since Reform Jews (the most liberal demographic in the US) would not have backed Thompson anyway. He has certainly pleased members of Milwaukee's orthodox community(3), but they are not influential in the national Republican Party. As a modestly-funded ex-governor of a medium-sized state, whose career as Secretary of Health and Human Services was undistinguished (4), Tommy Thompson was never a major contender for the 2008 Republican nomination.

If, despite everything, Tommy Thompson does emerge as the GOP nominee next year, I will admit that I was wrong. But I will not apologize.

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(1) Milwaukee Journal Sentinel, April 17, 2007, page 3A.

(2) Gov. Romney's campaign tanked after he told TV reporters that he had been "brainwashed" by US generals in Vietnam. His son Mitt, now also seeking the 2008 nomination, has so far avoided the term "brainwash."

(3) Tommy Thompson signed the legislation creating Parental School Choice vouchers, which account for nearly half the income of the Yeshiva Elementary School in Milwaukee. In 1995 Rabbi Ben-Tzion Twerski prevailed upon the Governor to persuade Marty Stein (1937-2006) to accept the Congregation Beth Jehudah Avir Yaakov Award. Thompson also spoke at the Banquet honoring Stein and Pillar of Chesed honoree Cissy Glazer.

(4) Clueless during the 2001 anthrax crimes.

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