rssDOJ Doesn’t Let ‘War on Terror’ Whistleblowers Comment on Professionalism Reports
Wednesday, May 06, 2009 at 5:42 pm
- 14 Comments
Interesting fact about the soon-to-be-declassified report from the Justice Department’s Office of Professional Responsibility on the propriety of the Bush-era torture advocates at the department: while the office has gone out of its way to accommodate former Office of Legal Counsel officials John Yoo, Jay Bybee and Steven Bradbury, a rule-of-law whistleblower who nearly had her career destroyed by OPR never got remotely the same courtesy.
As Daphne’s been writing, OPR has been rather solicitous of the Bush administration lawyers who provided legal cover for the CIA’s “enhanced interrogation” program. They got to see the draft, comment on it, and then the office took their perspectives into account. That’s in keeping with standard practice to permit OPR targets a right of due response, the department explained. “In the past,” wrote Assistant Attorney General Ronald Welch to Sen. Richard Durbin (D-Ill.) on May 4, “former Department officials who were subjects of OPR investigations typically have been permitted to appeal adverse OPR rulings to the Deputy Attorney General’s Office.” In keeping with that spirit, Welch continued, former Attorney General Michael Mukasey, his deputy and the OPR chief agreed to “afford the subjects the chance to respond to the report prior to any release.” Such a move, they reasoned, was “fair and reasonably correlates with the process usually applicable to OPR investigations relating to former employees.”
Tell it to Jesselyn Radack. Radack was an early casualty of the Bush Justice Department. In 2001, as a department lawyer in the Professional Responsibility Advisory Office, she advised the FBI that it couldn’t interrogate John Walker Lindh, the so-called American Taliban captured in Afghanistan, without affording him counsel. It happened anyway. Here’s what happened next, according to Jane Mayer in the March 10, 2003 New Yorker:
[Radack] received a “blistering” performance review. It never mentioned her advice in the Lindh matter, but it severely questioned her legal judgment. She was advised to get a new job; otherwise, the performance review would be placed in her permanent file. Radack, who had received a merit bonus the year before, quickly found a job with a private law firm.
Worse, Radack learned that the department made an incomplete filing to the judge in the Lindh case, who had requested the department’s full record of internal discussions on the interrogations. Radack’s attempts to correct the record by providing the judge with the complete discussion ended up getting printed in Newsweek. Then Radack learned, as she recounted this morning in a Daily Kos diary, that OPR had opened a case file on her.
Far from allowing her a chance to contribute to OPR’s investigation, the office didn’t even solicit her perspective before sending a letter to the Maryland Bar informing it of “possible professional misconduct” on Radack’s behalf. “[W]e take allegations of misconduct by Department personnel very seriously,” OPR Acting Counsel Judith Wish wrote to the Attorney Grievance Commission of Maryland in a letter the commission received on November 5, 2003 that Radack forwarded to me. But OPR hadn’t even reached a conclusion about Radack before going after her license to practice law. “Once our investigation … is complete … we will share the results of our investigation with you should you request you do so,” Wish wrote. Radack forwarded the letter to me this afternoon. Responded Radack’s lawyer on November 25, 2003 in a letter to wish, “We find your admission that OPR has yet to conduct any interviews into these allegations startling.”
Radack says she never got the chance to contribute to OPR’s investigation or appeal its ruling. She was suspended from practicing with her law firm until, eventually, the Maryland Bar Association cleared her name. All this for trying to ensure the Justice Department didn’t mislead a judge about the ways in which it handled the due-process rights of a U.S. citizen. Meanwhile, the attorney general will personally intercede with OPR to ensure that lawyers who provided legal cover for the CIA to engage in practices that the United States had previously prosecuted individuals for committing.
Here’s how Radack summed up the double standard in her dKos diary:
The bottom line is that I am the only Justice Department attorney to be referred to bar disciplinary authorities for advice I gave in a torture case—and my advice was to permit a U.S. citizen his rights.
If OPR wants to live up to its lofty mission of ensuring “that Department of Justice attorneys perform their duties in accordance with the high professional standards expected of the Nation’s principal law enforcement agency,” it can start with itself.
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14 Comments
Comment posted May 7, 2009 @ 8:47 am
Any similarities to GAP Lawyers, Tom Devine, NWC Lawyer, Stephen Kohn, DOJ former Ethics (of what )Attorney, Jesselyn Radack, Beth Slavet = end result, ignore, use, abuse and/or retailiate against the Whistleblowers and remove his posts, without appropriate or reasonable explanation, change venue and assign to non-Attorney that does not allow for any disscussion or asssistance to have re-posted, Awards and Rewards for the seemingly hoodwinking corrupt Whistleblower Advocates Grassely, Kennedy, Slavet, Kaplan and many others and with a hidden agenda(s) for a long and properous career(s) hoodwinking and retaliating towards Whistleblowers?
Gap, NWC and others, the lowest form of corruption, hoodwinking Whistleblowers, et all?
Recently noted that OPR did not uphold its expected responsibilities towards a major issue which I do not recollect at this time, possibly TARP and seeminglt the past 8 years, also. There was no advocay with expected filings and/or amicus or other expected filings on behalf of Radack client that I know of?
Comment posted May 7, 2009 @ 8:50 am
There appears to be a serious errors and/or mistakes in the Newsletter in reference to Whistleblower Legislation, US Senator Susan Collins and within the Stimilus Bill mention. As the 'Whistleblower' subject is hopefully within a timely time frame, please allow me to publically mention the error.
Please note that in contradiction that all Security isssues where thoroughly fully vetted, again and again and a successfully upheld from Mr. Tom Devine, Government Accountability Project and Mr. Stephen M. Kohn, National Whistleblower Center (too mention a few) from all of the Bush Administration Department of Justice attacks on these exact issues and everyone else, including Senators Chairpersons Collins/Lieberman, Homeland Security Committee on Good Government and Ethics. Also, you may recall that this exact WPA S1358 or 85 was Testified at their same exact Chaired Committee on Good Government and Ethics with the full 'All Circuit Review' on 11/2003 and incidentally as my name and case file #02-3254 where entered into the Senatorial record.
Also, amoung many concerns, is that it would be seemingly impossible that US President Obama and US Senator Susan Collins could not have been aware of this exact issue and for over 6 years.
Comment posted May 7, 2009 @ 8:56 am
Will the intended Rove hearing appearance interfere with any of his attendance if invited to the White House, Judicial or Legislative neverending social festivities, celebrations, gatherings, functions, promotions ecetra or the Rep. John Conyers, US Congressional Judicary Committee, Presidential Powers and Its Limitations''Impeachment Hearings' and the many US Congressional Rove Subpoenas and Congressional Contempt Subpoenas and Rove's busy schedule at FOX News and the Wall Street Journal, that 'We the People' know about?
Partially in and additional explanation of any perceived exasperations frustrations continue as President Obama time is well documented and presumed,
1) recently mentioned on TPM Muckracker that President Obama is 'pouring over documents' would seemingly have Mr. Rove in handcuffs today and marched to the attention of 'We the People' Us Congressional Judicary Committee, John Conyers, Chairman and all other Congressional//Senatorial Committees that hold his Supboenas and contempt Subpoenas.
2) President Obama//Holder Administration have previously and that is well documented and testified to as such, including numerous Federal Courts previously since his Inauguration, testified that President Obama policies in reference to State Secrets are and at least Identical to the former BUSH ADIMISTRATION.
These are only a few examples of seemingly many additional concerns that allow for frustration(s) and exasperation(s).
TESTIMONY: State Secrets have been 'Fully Vetted' by the President Obama//Holder Administration!!
Inference, seemingly is Executive, Legislative and Judicial.
Comment posted May 7, 2009 @ 9:06 am
Linked from POGO, Project on Government Oversight. 4 of 4 blog comment replies. What is your contact address information that is missing from your Journalistic and Business Website?
Comment posted May 7, 2009 @ 9:53 am
Additionally, To my recollection former Secretary of State, Condelessa Rice, in appx. 2003, Testified, not under oath, addmitted to lying!! somehow apologized and seemingly vowed and/or implied to never repeat the same lies and as reported in the Media was that very same afternoon went to Ohio and was telling the exact same lies.
Re-arranged the deck chairs with the seemingly 'Same Pack of Lies' from the
Bush//Obama Administration to the
Obama//Bush Administration?
Comment posted May 7, 2009 @ 10:53 am
If this is of assistance towards the full and complete opening, re-opening, Amicus and/or the expected proper forthright procedure and for all, thereof , towards the 'Federal Employee Whistleblower Protection Enhancement Restoration Act' that mentioned is;
'Certainly the Stimilus Bill should have retained the Platts/ Van Hollins Obama 'Federal Employee Whistleblower Protection Enhancement Restoration Act' that was removed at the last minute Secret Conference by US Senator Susan Collins and US President Barack Obama.'.
Dear Ms. Radack, 4/30/2009
I have received your e-mail that that may have a view that is somewhat unexpected saddened and dismayed. 1) Please note GAP and NWC Whistleblower Support network that are basically without merit and empty if not out right lies, 2) Please recall your former? Client as you state, Lindh and the recipient of the GAP Ridenhour Award, who proudly states and claims his 30 year tenure and the head of the US Death Penalty Department that was and is used as a real threat against your client and is also an illegal application against your client and as a gag order, 3) Please note GAP, NWC and POGO continued support for many prominent US Legislatures and many 20 and 30 years employees have done more against 'Whistleblowers' and the Law and if not outright traitors to 'Whistleblowers' and our US Constitutional, Bill of rights Democracy ecetra and in their Jobs and receive the Highest 'Whistleblower' Awards, with seemingly unending Support, communication, praise and
all other accommodations including employment and/or other paid work and/or legal support work and many and real, proper and forthright 'Whistleblowers' presumably like me receive abuse, continually ignored, dismissed!!!!!!!!! lied to and pushed off the bus so to speak and hopefully not under the bus. 4) many other allegations of well known and possibly and/or presumably and/or complicit seemingly dangerous 'Ignoring the Whistleblowers' upon request!!!!!!!!!
My apologies for this quickly, frustrated, impromptu, exasperated reply. Also my apologies for any insensitivity's, should you perceive any. Also, I hope you recall it is not my intent to offend anyone and I hope you are not offended.
I will not include you in any future, if any, courtesy e-mails unless you request and with Mr. Devine knowledge and permission. I will bcc tomd and Mr. Kohn a a copy of this e-mail.
Comment posted May 7, 2009 @ 10:59 am
Additional modification, clarification and affirmation………..Bill of Rights, Democracy and our 'Declaration of Independence with Life, Liberty and the Pursuit of Hapiness for all' ecetra and in their……………………………
Comment posted May 31, 2009 @ 9:51 am
Obama's Appointee Lawyers will Not Prosecute Bush's Appointee Lawyers Unless We Make Them
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Comment posted June 4, 2009 @ 8:36 am
Just another example of the dual standard applied throughout the Justice systems in America, both state and federal. This was not invented by the Bush Administration, as it has existed for decades if not centuries, however, the Bushies have developed this dual legal standard to a high art, and if it is not corrected, there will be no Justice in America
Comment posted June 4, 2009 @ 3:36 pm
Just another example of the dual standard applied throughout the Justice systems in America, both state and federal. This was not invented by the Bush Administration, as it has existed for decades if not centuries, however, the Bushies have developed this dual legal standard to a high art, and if it is not corrected, there will be no Justice in America
Comment posted July 29, 2010 @ 1:27 am
I will not include you in any future, if any, courtesy e-mails unless you request and with Mr. Devine knowledge and permission. I will bcc tomd and Mr. Kohn a a copy of this e-mail.
Comment posted July 29, 2010 @ 1:27 am
I will not include you in any future, if any, courtesy e-mails unless you request and with Mr. Devine knowledge and permission. I will bcc tomd and Mr. Kohn a a copy of this e-mail.
Comment posted September 1, 2010 @ 6:14 am
as it has existed for decades if not centuries, however, the Bushies have developed this dual legal standard to a high art, and if it is not corrected, there will be no Justice in America
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