Wednesday, June 25, 2008

Ideology and the Justice Department

From the New York Times comes a report detailing attempts by the Bush Administration to inject ideological considerations into hiring practices in the Justice Department:

Justice Department officials illegally used “political or ideological” factors in elite recruiting programs in recent years, tapping law school graduates with Federalist Society membership or other conservative credentials over more qualified candidates with liberal-sounding résumés, an internal report found Tuesday.

The report, prepared by the Justice Department’s own inspector general and its ethics office, portrays a clumsy effort by senior Justice Department screeners to weed out candidates for career positions whom they considered “leftists,” using Internet search engines to look for incriminating information or evidence of possible liberal bias.

One rejected candidate from Harvard Law School worked for
Planned Parenthood. Another wrote opinion pieces critical of the USA Patriot Act and the nomination of Samuel A. Alito Jr. to the Supreme Court. A third applicant worked for Senator Hillary Rodham Clinton and posted an unflattering cartoon of President Bush on his MySpace page.

The current Attorney General promises to stop the practice. The article also states what exactly is wrong with the practice.

Attorney General Michael B. Mukasey said Tuesday that using politics in hiring career lawyers was “impermissible and unacceptable” and that the department had taken steps to fix the problems. The report recommended further tightening of internal policies, which Mr. Mukasey said he would welcome.

Ideological and political factors can be used in hiring political appointees, but it is illegal to do so under federal civil service law and Justice Department guidelines in hiring career lawyers. Victims can sue, but offenders cannot generally be prosecuted under criminal law.