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Gov’t Report: Political Meddling Worsened Immigration Backlog
Today’s Justice Department report is clear and damning: A number of former department officials, including then-Attorney General Alberto Gonzales' chief of staff, "committed misconduct" and broke the law in using a political filter to fill non-political positions. Kyle Sampson, Gonzales' former right-hand man, and Monica Goodling, formerly the White House liaison at the department, get the brunt of the criticism, and though investigators are clear that the scope of the behavior was wide, they say the most serious impact was on the country's immigration courts.
The report is the second of an ongoing series by the Justice Department's inspector general and Office of Professional Responsibility in response to the U.S. Attorney firings scandal. Investigators interviewed more than 85 individuals and reviewed thousands of documents as part of the investigation.
Investigators found numerous examples of Goodling and others blocking the hiring of career prosecutors because the candidates appeared to be Democrats. Goodling and others also were found to have hired applicants for non-political positions based on the candidates' political bona fides.
The report is rich in the code used in e-mails by Goodling and others to connote those deserving of advancement: "on the team" was a favorite (e.g. "loyal to the team," "a true member of the team," "completely on the team"), but there's also simply "like you and me" or the more robust "rock-solid Americans."
Those on the wrong team usually got a simpler tag. "She’s a D," says one e-mail. Or in another: "she's a big D."
Beginning in 2004, according to the report, Sampson began treating the appointment of immigration judges, which are legally non-political employees, as political appointments. During that time, Sampson, Goodling and Goodling’s predecessor provided more than 40 recommendations for appointments as federal immigration judges. Prior to Sampson's revolution of the process, the Department's Executive Office for Immigration Review (EOIR) had primarily handled the hiring of judges.
Sampson told investigators that the new policy had been instituted on the advice of Department lawyers, but the report concludes that Sampson received no such advice. Goodling did not cooperate with the investigation, and her lawyer had no comment on the report.
Whereas before openings had been advertised in public announcements, all appointments from September 2004 through December 2006 came as a result of recommendations by the White House, Republican members of Congress or similarly trusted sources.
EOIR Deputy Director Kevin Ohlson warned Goodling repeatedly that the political vetting process had created a bottleneck, "a measurable impact," worsening the backlog of immigration cases in the courts. In one e-mail, he wrote, "I am concerned that at some point people on the Hill or in the media will start to ask why we have not been filling these [immigration judge] vacancies as part of the Administration's effort to ensure that illegal aliens who pose a danger to us are deported in an expeditious manner."
The report makes clear that the tightly controlled selection process resulted in judge vacancies remaining unfilled for long periods of time. Once the White House or others had offered up a possibility, EOIR was almost always quick to approve the selection. Twice judges were hired without even being interviewed. The first candidate Sampson suggested for a position as an immigration judge had been a friend of Karl Rove’s since childhood. The candidate was chosen over hundreds of other applicants.
There was, however, one example of a nominee being rejected by EOIR officials. In that case, they objected because of the candidate’s conduct during the interview: he’d "used profanity during the interview, acted abrasively, and when asked what his greatest weakness was, responded 'Blondes.'"
As a result of reforms instituted last year in the wake of the U.S. Attorney firings scandal, immigration judge appointments are once again handled by EOIR.
Breaking on the Web: July 28, P.M. Edition
- European Bank Helped U.S. Clients Hide Assets - Neil Roland, Financial Week
- FCC to Uphold Complaint Against Comcast - Peter Kaplan, Reuters
- Transparency Sought as Speculation Grows in Oil Market - David Cho, Washington Post
- Financial Industry’s Leaders Among Best Paid in D.C. Region - Thomas Heath, Washington Post
- Regulators Worry over Annuity Sales to Seniors - Thomas Goldsmith, Raleigh News & Observer
- Credit Crunch Saps Student Lender’s Money - Beth Healy, Boston Globe
- EPA Tells Staff Don’t Talk to Investigators, Reporters - Dina Cappiello, AP
- Funds for Highways Plummet as Drivers Cut Gas Use - Christopher Conkey, Wall Street Journal ($)
- Record Deficit Expected in 2009 - Richard Wolf, USA Today
- Govt. Report: Iraq Prison a $40 Million Failure - Brian Murphy & Pauline Jelinek, AP
- 22,000 Vets Call Suicide Line in Opening Year - Katharine Euphrat, AP
- Record Numbers Seek Asylum From Mexican Drug War Violence - Benito Aragon, New Mexico Independent
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Coming This Week…
Tuesday, July 29
9:30 a.m. -- Senate Permanent Subcommittee on Investigations holds a hearing on companies shirking payroll taxes. The hearing will discuss a coming GAO report on payroll abuse.
10 a.m. -- Senate Committee on Environment and Public Works holds a hearing on the EPA’s Clean Air Interstate Rule (PDF), an air pollution reduction program in 28 eastern states. Following the hearing, Sens. Barbara Boxer (D-CA) and Sheldon Whitehouse (D-RI) hold a press conference to address the committee’s investigation into politicization at EPA.
10 a.m. -- Senate Health, Education, Labor and Pensions holds a hearing on the federal Occupational Safety and Health Administration's response to industrial dust explosions.
1 p.m. -- The ACLU holds a call-in conference on what it describes as “the construction of a de facto domestic intelligence system.” The focus will be on so-called “fusion centers,” where state, local and federal law work together on anti-terrorism efforts. (Dial-in number: 1-800-816-4134. Access Code: 69922#)
2 p.m. -- House Financial Services holds a hearing on credit scoring models in the extension of credit to mortgage borrowers and credit card holders.
Wednesday, July 30
9 a.m. -- Senate Judiciary holds a hearing on politicized hiring practices at DoJ based on findings in a new report by DoJ’s Inspector General, who will testify to the committee.
10 a.m. -- House Oversight and Government Reform holds a hearing on deficient electrical facilities in Iraq. The electrical problems have killed at least 13 Americans.
10 a.m. -- House Homeland Security holds a subcommittee hearing on the future of al Qaeda, with testimony from authors Peter Bergen and Lawrence Wright.
Thursday, July 31
9:30 a.m. -- Senate Armed Services holds a hearing on North Korean diplomatic progress, with testimony from Ambassador Christopher Hill, among others.
10 a.m. -- House Energy and Commerce holds a hearing on lessons learned by the recent salmonella outbreak.
Justice Dept. Spreads Wide Net With Mortgage-Related Prosecutions
Nearly everyone agrees that something went very wrong with the mortgage industry. Mortgage lenders made extremely risky loans. Wall Street banks hyped securities that were backed by such loans. In the continuing wake of the crisis, the Justice Department has launched a range of investigations and prosecutions of behavior that might have gone beyond risky or irresponsible to criminal. Here’s a rundown of exactly what skullduggery the feds are looking for.
The investigations reflect the complex, interwoven nature of the meltdown itself. They range from mortgage fraud by small-time operators all the way to corporate fraud by companies that were once among the biggest mortgage lenders in the U.S. and securities fraud at major Wall Street banks.
The FBI has said that it currently is investigating 21 corporations involved in the subprime mortgage industry, companies that FBI Director Robert Mueller characterized as "generally relatively large." The investigations run the gamut, he's said, focusing on investment banks, hedge funds, brokerage houses, credit rating agencies and due diligence firms.
The FBI hasn't named the corporations, but reports have fingered a few. Last week, the Los Angeles Times reported that a federal grand jury had issued subpoenas to Countrywide, New Century and IndyMac, three of the country's largest subprime mortgage lenders.
The scope of that investigation is itself varied, according to the Times. Aspects reportedly include the V.I.P. loans that Countrywide CEO Angelo Mozilo provided to influential public officials, such as members of Congress, congressional staffers and a federal judge. Also of interest to investigators, reported the Times, is "whether securities investors were defrauded about the value of subprime mortgages they purchased, as well as other possible crimes such as insider trading by corporate officials." Representatives for Countrywide and IndyMac declined to comment on the subpoenas. A spokesman for New Century did not reply for a request for comment.
The Justice Department filed its first major indictment last month, accusing two Bear Stearns hedge fund managers of securities fraud for misleading investors. The funds, which invested heavily in mortgage-backed securities, collapsed last summer, resulting in approximately $1.4 billion in losses to investors. One manager was also indicted for unloading $2 million of his own shares in the fund while hiding his concerns from investors. Both managers have pleaded not guilty, and their lawyers argue the two are being made scapegoats for the market crisis.
Alongside such high-profile prosecutions, the Justice Department has also charged more than 400 defendants with mortgage fraud in the last several months as part of "Operation Malicious Mortgage." A recent guilty plea in New York is a typical example: Dominick Devito admitted to buying up millions in real estate with phony mortgage loan applications. The FBI says it has more than 1,400 open mortgage fraud cases.
Breaking on the Web: July 28, Noon Edition
- DOJ: Former Aide Broke Law in Hiring Scandal - Lara Jakes Jordan, AP
- Real Estate Developers Are Major Rangel Donors - Raymond Hernandez, New York Times
- OSHA Seeks $8.7 Million Fine from Sugar Company - Shaila Dewan, New York Times
- Govt. Report: Abandoned Mines Pose Threat - Vimal Patel, Los Angeles Times
- State Official Says Spying Probes are Unnecessary - Tom LoBianco, Washington Times
- Govt. Report Faults FDA over Unapproved Drug Uses - AP
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Mention of CIA Banned From Gitmo Trial
We're introducing a new feature, Morning Read. It's a pretty basic concept: We highlight one article every morning we think is worthy of extra attention. Enjoy.
Plans for a war crimes tribunal at Guantanamo Bay have long faced intense criticism, including from the tribunal's one-time chief prosecutor. The first trial started last week: Salim Ahmed Hamdan, a former driver for Osama bin Laden, has been charged with conspiracy and material support for terrorism.
So far there have been relatively few fireworks. A judge excluded any statements Hamdan made during interrogations at Bagram, where abuse of prisoners was reportedly routine. Hamdan also apparently became upset and walked out after video was shown of him being, as the Los Angeles Times put it, “trussed, hooded and badgered by armed and masked U.S. captors.”
Meanwhile, yesterday’s Los Angeles Times had a "reporter’s notebook” dispatch giving a peek behind the scenes. According to the Times' Carol Williams, no mention of the CIA will be allowed at the trial:
No records of the agency's interrogations of Salim Ahmed Hamdan can be subpoenaed, and no agent can be called to testify about what he or she learned from Osama bin Laden's former driver.
When defense attorney Harry H. Schneider Jr. attempted to demonstrate how many interrogations Hamdan had undergone in the months after his November 2001 arrest -- at least 40 -- he couldn't list the CIA along with more than a dozen other agencies including the Secret Service and what was then known as the Immigration and Naturalization Service.
The prohibition against naming the CIA came in a "protective order" issued by the court at the government's request. The tribunal's deputy chief prosecutor, Army Col. Bruce A. Pagel, couldn't say which agency sought the shield or what arguments were made to justify it.
We just traded e-mails with journalist Jonathan Mahler, a New York Times Magazine writer and author of the forthcoming book on Hamdan’s case, The Challenge. Mahler said he’s not aware of any direct proof that the CIA interrogated Hamdan -- with "enhanced interrogation techniques" or otherwise -- but there was "a big date gap in the catalog of his interrogations."
It wouldn't be very surprising if the CIA did in fact give its own very secret treatment to Hamdan. As the Washington Post first reported, the CIA long maintained a "prison within a prison" at Guantanamo Bay.
The secret facility, "one military official" told the Post, was "off-limits to nearly everyone on the base." The CIA also declined to discuss it with the Post.
Breaking on the Web: July 28, A.M. Edition
- Critics Say Housing Bill Won’t Perform Miracles - Lori Montgomery and Paul Kane, Washington Post
- SEC Intensifies Effort to Rein in Short Selling - Jenny Strasburg, Kara Scannell & Randall Smith , Wall Street Journal ($)
- Worried Banks Reduce Business Loans - Peter Goodman, New York Times
- Lobbyist Money Flows into Judicial Races - Tim Jones, Chicago Tribune
- Democracy Group Gives Donors, Access to McCain - Mike McIntire, New York Times
- Oil Money Pours in After McCain’s Reversal on Drilling - Matthew Most, Washington Post
- McCain and Dems Rack up Lobbyist Donations - Robert Pear and Ron Dixon, New York Times
- Contractor Made Little Progress on Iraq Projects - Dana Hedgpeth & Amit R. Paley, Washington Post
- U.S. Military Says Soldiers Fired on Iraqi Civilians - Richard A. Oppel, Jr., New York Times
- Rep. Probes Yankee Stadium’s Tax Exempt Bonds - Joan Gralla, Reuters
- U.S. Has Health Care Worker Shortage - Mary Engel, Los Angeles Times
- Relatives of Televangelist Prosper - Eric Gorski, AP
- After Raid, Immigrants at Meatpacking Plant Tell of Labor Violations - Julia Preston, New York Times
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