Justice Bought and Sold

Dear Readers, Working for the Department of Justice (DOJ) is a feather in an attorney’s cap.  These positions are highly competitive and typically only the “best of the best” are hired.  Granted, some hires are greased by personal hires or personal criteria (like wanting to hire Veterans), but generally you have high achievers from highly rated law schools walking the halls of DOJ.

Periodically, the U.S. Attorney General, as a political appointee, is manifestly biased, although not always.  In recent memory, Robert F. Kennedy was his brother’s political confidante; the same might be said about Ed Meese for Ronald Reagan.  Bill Barr certainly handed Donald Trump flowery bouquets, until he found himself traversing a bridge too far.  On the other hand, Bill Clinton fumed endlessly about Janet Reno’s independence.

They have also become embroiled in political firestorms, if not sent to prison.  John Mitchell was caught smack dab in the middle of Watergate machinations.  Alberto Gonzales ruined a promising legal career (he was on the short list for a Supreme Court appointment) for over-stepping his authority over U.S. Attorney assignments.  Loretta Lynch torched hers, meeting with then ex-President Bill Clinton on a Phoenix airport tarmac.

Still, through the ins and outs of political drama at the top, the day-to-day work of our Justice Department was courageously carried out by dedicated and professional line personnel.  These are good smart people who toiled tirelessly regardless of the political directions from Washington.  Lady Justice wears a blindfold.

Recently, DOJ has been taking hits from both spectrums of our political camps.  This started in President Obama’s first term, over allegations that Eric Holder should be impeached because of a botched ATF investigation into gun smuggling at the Mexican border.  During President Trump’s first term, Democrats were appalled at Bill Barr covering for his boss before the release of Robert Mueller’s special prosecution report of Russian interference with the election.  Republicans went to great lengths to demonize and discredit him as a political hack; ironically, he’s a life-long Republican and a former Republican-appointed FBI Director.

The current atmosphere at DOJ is toxic.  Attorney General Pam Bondi and FBI Director Kash Patel are trying to assure that everyone in Justice shows devotion to President Trump.  This is disturbing; it erases the non-political nature of this institution.  

DOJ is a sprawling department. It keeps us safe from terrorism on American soil.  It fights the international drug cartels and stems child trafficking.  Moreover, it fights corruption, ensuring we all operate on a relatively level economic playing field, and champions those whose civil rights have been trampled.  These are tasks that local, and even state, agencies are ill-equipped to handle.  In the words of Colonel Nathan R. Jessup, “You need me on that wall. We use words like honor, code, loyalty. We use these words as the backbone of a life spent defending something.”

Politicizing DOJ destroys its foundation of faith and fairness.  Eric Adams, Mayor of New York, was elected as a Democrat.  President Biden’s DOJ investigated him for bribery and indicted him.  The Southern District of New York’s U.S. Attorney’s Office, headed by a President Trump-appointed acting U.S. Attorney, Danielle Sassoon, was poised to try him this month, until Washington Headquarters ordered her to dismiss the indictment.  

U.S. Deputy Attorney General Emil Bove, the 2^nd highest position in the Justice Department, issued the edict.  He argued that the criminal case interfered with President Trump’s immigration agenda.  And, by dismissing it without prejudice, the charges could be revived if Mayor Adams was non-compliant.

Except, he could not find anyone to carry out his order.  Ms. Bassoon resigned in protest, citing that Mayor Adams was caught red-handed and her “obligation to pursue justice impartially, without favor to the wealthy or those who occupy important public office, or harsher treatment for the less powerful.”  This was followed swiftly by her assistant’s resignation and John Keller, the acting head of the public corruption unit in Washington.

During Watergate, the infamous “Saturday Night Massacre” left Richard Nixon wandering empty offices trying to find someone to carry out his orders.  The same might be said for Mr. Bove.  No one would sign the dismissal motion.

This is an ugly stain to the impartiality of our criminal legal system.  We cannot fairly dispense justice, if fealty to the President earns you a “get out of jail free card.”  We are not Russia, where justice is bought and sold, we are America … or are we?

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.