Good Luck! I'll bet you get 0 of 5 by the end of this term.

Indeed, a tough row to hoe for the next AG.

I cannot resist misgivings as to Mukasey's character. His refusal to call a spade a spade and disavow torture will taint any perception I have of him. Only his future actions will prove whether or not he is worthy of the office he now holds.

Personally, I think item #3 is the most important one, but I would prefer that it stop at "be decisive and independent." The Attorney General of the United States represents the United States and it's people. The Attorney General should never again be a simpleton lackey who runs interference for the White House and justifies illegal actions by the White House.

The Attorney General of the Unites States should never place loyalty to the White House above all other considerations. That would be the job of the White House Counsel, possibly, but even any attorney in that position should have some sense of ethics, justice, and the law.

The Attorney General's loyalty should be to the people, to the Constitution and to this country. Not for a president, not for a vice-president, and most certainly not for a political party.

If OSC attorneys faithfully implement 5 USC 1214 to protect feds from "prohibited personnel practices" since 1989, DOJ cannot be politicized as it has been since 2001.

***********************************

November 11, 2007

Attorney General Michael Mukasey
US Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530

Re: Systemic and Persistent Lawbreaking By Attorneys at US Office of Special Counsel (OSC) Enables Much Malfeasance at Department of Justice

Dear Attorney General Mukasey,

Among your various statutory obligations, you are responsible to "prevent prohibited personnel practices (PPP's)" at DOJ, per 5 USC 2302(c). But you cannot adequately do that unless the attorneys at US Office of Special Counsel (OSC) (about 50% of OSC's 110 employees are attorneys) scrupulously implement the law they were hired to implement - 5 USC 1214 - to protect almost all federal employees in almost all agencies - including DOJ attorneys - from PPP's, particularly whistleblower reprisal.

The "merit principles" of the federal civil service and their antithesis - PPP's - are listed at 5 USC 2301 and 2302. OSC is the primary bulwark for upholding and defending the merit principles of the federal civil service by protecting, per 5 USC 1214, the federal employees who seek its protection from possible agency PPP's.

Many of the allegations of malfeasance in DOJ involve violations of the merit principles and/or PPP's. Had OSC and its attorneys complied with its and their lawful duty to faithfully discharge 5 USC 1214 since 1989, then DOJ, as other agencies, would be much more resistant to improper politicization as their career employees would more confident of their ability to do their duties, consistent with the merit principles of the federal civil service, without fear or favor.

In my presence, in 1993, then Secretary of Energy Hazel O'Leary made a pledge of "zero tolerance for reprisal" in the Department of Energy (DOE). I was foolhardy enough to act on her pledge by complying with my positive legal and professional duty, as a licensed professional engineer (PE), employed as a nuclear safety engineer in DOE, to "blow whistles," when necessary to protect public health and safety in connection with my professional duties. I and my family are still paying the price because she made a promise she could not keep (just as her successors generally have). This is because OSC attorneys fail to faithfully implement the law - 5 USC 1214 - they were hired to implement meaning agency heads cannot adequately comply with 5 USC 2302(c) to "prevent PPP's" in their agencies..

I'm a nuclear safety engineer, I endeavor to make objective claims based in facts and laws. Here are some falsifiable claims about OSC's systemic and persistent lawbreaking since 1989:

1. It has failed to comply with its fundamental obligation to protect 10,000 or more feds who have sought its protection from possible agency PPP's since 1989 by failing to make and appropriately report its statutory required PPP determination "whether there are reasonable grounds to believe a PPP has occurred, exists, or is to be taken." Additionally, since the 1994 Amendments to the 1989 Whistleblower Protection Act it has failed to comply with the requirements of the "termination statement" of the notes of 5 USC 1214.

2. It has failed to comply with its fundamental obligation to implement the Hatch Act by failing, in for every Hatch Act investigation it has conducted since 1989, to determine "if there is reasonable cause to believe" a Hatch Act violation occurred and, if so, to report it per 5 USC 1214(e), 1218, and 1219(a)(3).

3. It has failed to comply with its singular responsibility to implement Federal Freedom of Information Act (FOIA) law at 5 USC 552 by failing, in the more than 40 investigations of possible agency FOIA malfeasance, triggered by finding made by Federal Judges per 552(a)(4)(F), to determine "if there is reasonable cause to believe" a violation of FOIA law, regulation, or rule occurred and, if so, to report it per 5 USC 1214(e), 1218, and 1219(a)(3).

You, as Attorney General, have access to information about OSC's compliance with 5 USC 1214(d) that I do not have, but I suspect that OSC has failed to make a single report to DOJ, per 5 USC 1214(d), of its determination that there is "reasonable cause to believe" that a criminal violation occurred related to any of the 8000 or so field investigations it has conducted since 1989.

OSC's failure to comply with 5 USC 1214 to protect federal employees from PPP's does not happen in a vacuum. Specifically, the US Merit Systems Protection Board (MSPB) is responsible, per 5 USC 1204(a)(3) and (e)(3), to conduct oversight of OSC (and other agencies, but OSC is the key agency) necessary to determine and report "whether the public interest in a public interest in a civil service free of PPP's is being adequately protected," but it has failed to do the necessary oversight of OSC or make this report since 1989. As another falsifiable claim, I contend that if MSPB Chairman Neil McPhie were asked to report "whether the public interest in a civil service free of PPP's is being adequately protected," he would state that he is unable to make such a report on behalf of MSPB, but that if one were to read all of MSPB's related special studies, then they would have a more informed opinion.

You are now the Nation's Chief Law Enforcement Officer. As such, the adequacy of the scope and implementation of legal ethics, particularly for government attorneys who are charged, as OSC attorneys are, to implement specific laws, should merit your attention. As I understand their position, the OSC attorneys responsible to implement 5 USC 1214, appear to claim that their duty to do so is secondary to their duty, as attorneys, to be a zealous advocate for their "client," OSC. As I understand it, they claim legal ethics prohibits them from "blowing whistles" about lawbreaking in OSC (unless they are its direct victim) and requires them to use their legal skill to prevent any other exposure of it. So if a DOJ employee files a PPP complaint with OSC, then while the assigned OSC attorney has a duty to the DOJ employee to protect him per 5 USC 1214, the OSC attorney has a higher duty to OSC, his client, to prevent any disclosure of his or OSC's failure to do so. (In contrast, engineering ethics is explicit that the engineer's primary professional duty is to protect public health and safety, not the interests of engineer's employer, when the employer's failure to follow law or regulation puts the public (including other employees) health and safety at risk.)

I respectfully suggest you consider the following to better ensure your ability to comply with 5 USC 2302(c) to "prevent PPP's" in DOJ:

1) Have the Office of Legal Counsel review OSC's compliance with its statutory duties, per 5 USC 1214, in making and appropriately reporting its PPP determinations "whether there are reasonable grounds to believe a PPP has occurred, exists, or is to be taken."

2) Have the Office of Legal Counsel review MSPB's compliance with its duties, per 5 USC 1204, to conduct oversight of OSC's compliance with 5 USC 1214 and to report its results.

3) Consider how inadequacies in the current scope and implementation of legal ethics may permit government attorneys at OSC, who were specifically hired to implement specific laws, to justify their not doing so and their actively trying to prevent its exposure in the name of legal ethics.

Respectfully,

Joe Carson, PE
10953 Twin Harbour Drive
Knoxville, TN 37934
865-300-5831
jpcarson@tds.net

copy: Other stakeholders to DOJ attorneys and other employees being able to do their duty consistent with the merit principles of the civil service without fear or favor.

What Oscar said! Mukasey revealed his true colours when he refused to say "Smother-bagging (which is what Bukko calls it -- "waterboarding" sounds too nice) is torture." That's a clear sign that he will do whatever the Cheney administration tells him to.

Andrew, your list is admirable but impossible. It's like people who wanted George Bush to dump Dick Cheney as his VP for the 2004 ticket. "The decider" cannot eliminate the man who tells him what to decide. Expecting Mukasey to reverse the actions of the Bush Crime Family who chose him is like asking someone to amputate their own right arm -- while holding the bone saw in their right hand!

"Here they go again". Before US Attorney General Mukasey has had an opportunity to become fully briefed from within and without the Department of Justice, the "keepers of all knowledge" publicly descend upon him with comments, proposals, and critiques. FOR THE SAKE OF THE DOJ AND THE NATION, GIVE THE MAN A BREATHER! You are not dealing with a political hack! You are shooting at an experienced, respected attorney and United States Judge. One respected by the Prosecutorial Bar, the Defense Bar and, as Chief Judge, by his fellow jurists of the Southern District of New York, if not "across the spectrum". General Mukasey's fairness, honesty, and integrity have been openly demonstrated multiple times on the Federal bench in the public arena. An incoming President, Governor or Mayor is granted a respite following inauguration before the critics launch their attacks, justifiably or not. An incoming Attorney General should receive no less.
Brig. Gen. Arthur Gerwin, USAF (Ret'd)
Chairman and President
Respect for Law Alliance, Inc.

Lets call a spade a spade. The Democrats were ready to reject any AG President Bush would have nominated exept for the fact that Mukasey is Jewish. This and this alone is why Chuck Schumer, who has always been against everything President Bush has proposed or wanted to do, and Diane Feinstein voted for him.
Is there a word for the opposite of anti-Semitism?

If even half of the DoJ postings have been accurate, the replacement of political hacks with professionals should be easily the Number One priority.

He probably doesn't have enough time to weed them all out, but at least he could appoint subordinates heading various offices who could work on it. And the civil rights division is one place to start.

Frankly, I think it'll take several years to restore professionalism to DoJ, much like other departments in the Federal government.

And he needs to work on making transparent the U.S. attorney "replacement" process, even if it leads to indictment of his hapless predecessor.

If Mukasey gets even one of your five goals in his 14 months he'll be doing well. Excellent goals, all of them, and all doomed to futility by the ongoing Cheney/Bush commitment to non-transparency in government.

Put be down as another cynic, predicting 0 for 5.

Gen Gerwin writes
"Before US Attorney General Mukasey has had an opportunity to become fully briefed from within and without the Department of Justice, the "keepers of all knowledge" publicly descend upon him with comments, proposals, and critiques."

With all due respect, General, perhaps your ire is misplaced. That, or your organization, Respect for Law Alliance, Inc., is misnamed. Or have you not noticed that the people posting here are demanding that AG Mukasey not only respect but also follow & enforce the law?

Well, the General is right, of course. We need to give the new AG his "honeymoon."

Part of that is right; he can't exactly go in with guns blazing. He does need to evaluate the personnel in the department, and that takes time, although I hope he's been doing his homework in the meantime.

Find a few trusted professional advisers within the department and build from there.

Geologist discovers link to the next 911 in global warning policy

www.H2onE2.com Glacial Respiration, Conceptual Ring of Ice, The End of Linear Western Religion
A Geological Exploration of an E2 Earthen Planet And the H2 Human Species
Author: B Billy Marse, Professional Geologist

Brief Description:
www.H2onE2.com is an exploration of the universe, geology, climate, biology, humans, psychology, folklore and ancient structures to uncover the beginning and disclose the end of linear western religion. The true DaVinci Code behind the bible is not a supreme spiritual power but a scientific record of climate change described as Glacial Respiration. The Greek philosophers originated the practice of communicating a hidden idea or message in the short story format, as a metaphor. In the bible, metaphors conceal historic climate change within the fanciful stories. The theory of Glacial Respiration explains the myth behind the Holy Grail, structures such as the Great Pyramids, Stonehenge, Easter Island and is the knowledge that was collected in the Jewish Ark of the Covenant.

The environmental changes of Glacial Respiration determine all biological evolution and can explain why higher forms of intelligent humans developed. Further, Glacial Respiration releases the secret hidden by the Knights Templars, Masonic Order and all religions. Uncovers an advanced Blue-Blooded semi-industrial Atlantian Civilization that was built and destroyed many times over for the last million years. The book ends with an explanation of how linear western religion will be physically ended and describes the construction of the doomsday device capable of fulfilling its own self defining prophesy, "Revelations". H2onE2 is a mind-expanding experience that stimulates the soul, instinct, intellect and is an almanac to the past, present and future of humanity. Rise, awaken and evolve into H3 human consciousness.

The discovery:
As a Professional Geologist, I attempted to link the Dust Bowl/Great Depression to a pre-glacial condition or mechanism and ended up writing the book H2onE2. I felt that there was a strong connection between the Dust Bowl and transition back into Glacial Winter. I did notice that my professors scientifically crumbled every time I mentioned the relationship. I could not go back in time or locate indisputable proof. The proof came from understanding all educational disciplines including history and theology. I soon discovered that all religious text both eastern and western continually described significant climate change conditions relating to Glacial Respiration. For years I fought off mixing science and religion until I discovered that the origins of all religions were founded or created to help humans psychologically survive the harsh earthen environment. Without reason I soon accepted that the world's complicated religions were the same. This came true and I continued to write and discover. Everything came into place as though I was unlocking a 10,000-year-old puzzle. I also realized this puzzle was opened before I discovered it, by someone else, some other group. If so, further understanding of this knowledge might be extracted from significant historical events. Lastly, this is the vital information needed to make future predictions.
g4tg4tg

If you want to reduce violent crime in America, the first thing to do is to decriminalize the use of street drugs and to allow their sale under strictly regulated conditions. The second thing to do is to prohibit the ownership of all handguns. The third thing to do is for government to invest heavily in the infrastructure in our cities and rural areas. The rate of violent crime would drop rapidly and almost immediately.

I wonder why drugs are always used a directional "TANGENT" whenever light on certain aspects of this government's law enforcement has to be mis-directed. Just like the white powder that comes from ajax and comet cans to clean the toilet, so do drugs [other white powders] to clean up the govenment's uncleaned TOILET.

#2, 4, and 5 are the biggest ones to me because 1 and 3 are products of this administration and this immediate time. They can be corrected over time by a new administration but the othe three will have far more lasting impact. I worry especially if courts, and juries, begin to accept 'political bias' as a defense or grounds for overturning cases brought by federal prosecutors. Can you imagine the impact of someone going free from a crime they committed because they could show that they were a member of a certain political party?

"General Mukasey's fairness, honesty, and integrity have been openly demonstrated multiple times on the Federal bench in the public arena." B. Gen. Gerwin

General Mukasey's most recent appearance in the public arena demonstrated a problem with his integrity. His refusal to say whether or not he considered waterboarding to be torture showed a problem with it.

Why? Because for 30+ years as a prosecutor and judge he had to make up-and-down decisions on fact situations put before him. Nobody that I've seen ever accused him of being a waffler.

So, how do we explain his Senate appearances and non-answers. The only reason that I can see is that he is already compromised by a White House that is deathly afraid of the extreme tactics used by our "Intelligence" troops and agent contractors as being considered torture.

If Judge Mukasey had unfettered integrity a la Gen. Gerwin's post, he would have given one answer or the other.

A "Yes" would have caused all sorts of trouble for this Administration. But, if he is a man of integrity, he would have answered the question and then withdrawn his nomination having spoken honorably.

A "No" might might have left us wondering if that was what he really believed or if he was already in the Administration's pocket. But, at least he would have shown moral courage and provided an answer.

His non-answer makes it look as if he probably believes that water-boarding is torture, but the White House told him not to say that publicy.

A. G.'s Mukasey's integrity took a huge hit by failing to answer one way or the other.

Every controversal decision he makes will be subject to question now. Is the decision truly his opinion as the Attorney General, or is it simply what the White House wanted?

Why is "white-collar" crime not being mentioned here? Why does the DOJ fail to even keep statistics on corporate crime? In terms of dollars, 90% of all crime is corporate crime. Thanks to Ken Lay for funding Bush's campaign; that should have told all what would happen. Street crime is for TV; real criminals steal whole banks. Mukasey will be sure and protect them so they can fund other Republican office seekers.

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