ACSBlog: The Blog of the American Constitution Society

by Simon Heller, Legal Director, Alliance for Justice

Alliance for Justice recently released its nine month report on Michael Mukasey’s tenure as attorney general. In the report, we outlined his management of the Justice Department, including concerns over his close ties to the Bush administration. When Mr. Mukasey was confirmed by the Senate last December, many people hoped that he would usher in a new era at the Department, returning a sense of independence and respect for the rule of law. Unfortunately, the last nine months have done little to distinguish him from his immediate predecessors.

One of the main concerns with former Attorney General Alberto Gonzales was his close relationship to President Bush and his efforts to align the department’s nonpartisan functions with the administration’s political objectives. Complaints of rampant politicization eventually resulted in Mr. Gonzales’ resignation. But despite assurances that Mr. Mukasey would distance the department from the White House, he has continued Mr. Gonzales’ legacy of undermining the administration of justice by, for example, supporting the Bush administration's claims of unfettered executive power.

When Congress issued subpoenas for current and former White House aides in order to investigate the dismissal of US attorneys for allegedly political reasons, the Bush administration claimed executive privilege and snubbed attempts at congressional oversight. Although the responsibility for enforcing these subpoenas fell on the attorney general, Mr. Mukasey refused to act. When a federal judge, who incidentally was appointed by President Bush, rejected administration claims of privilege, Mr. Mukasey remained defiant and supported White House efforts to appeal.

Mr. Mukasey also has fought hard to immunize the Justice Department from any liability for its activities under former Attorney General Gonzales. Despite assurances that he would “clean up” Mr. Gonzales’ mess, Mr. Mukasey has done everything in his power to keep those responsible for politicization from being held accountable. He has been slow to address allegations of selective prosecution and has refused to prosecute former Justice Department employees who used political considerations in the hiring of career staff.

While he still has four months to clean up his act, there is no reason to believe that Mr. Mukasey will do anything other than continue to bolster the Bush administration and provide cover for its countless abuses of power. As with former Attorney Generals John Ashcroft and Alberto Gonzales, it seems that Mr. Mukasey has forgotten that his client is the American people.

More information about the politicization of justice can be found on Alliance for Justice’s blog Justice Watch.