There has been much huffing and puffing about the criticism of Justice Department lawyers who used to represent al-Qaeda defendants and now represent the U.S. in making terrorism policy and litigate on behalf of the U.S. government. Bill Kristol strikes back today. His retort is worth reading in full, but here’s a sample:
If you want to see some really high-class smoke being blown, it’s worth taking a look at the recent statement signed by a bunch of Republican lawyers defending liberal lawyers now working at the Justice Department who’d previously represented or advocated for terrorist detainees. Nameless straw men (including me) and women (Liz Cheney) are subject to name-calling — ‘shameful,’ ‘unjust,’ and ‘destructive’ appear in the first paragraph alone. In all three paragraphs of the lawyers’ letter, highfaluting generalities are generally and highfalutingly invoked. The self-esteem and self-importance of lawyers are much in evidence. The only thing missing is an actual argument.
The reason I suspect the letter is light in arguments is that there is nothing wrong with asking who is making the cockeyed policy. And there is reason to find out why are we coming up with an approach that looks as though it were straight from the ACLU handbook. A couple of points are worth noting. First, there is an issue of potential conflicts of interest. (You aren’t supposed to hop from one side to another regarding the same legal matter, and perhaps in related matters as well). And second, there is legitimate concern as to whether Eric Holder hired a bunch of lefty ideologues with extreme views when he was supposed to be hiring the best and brightest lawyers to advance, within the bounds of ethics, the interests of the U.S. government.
Interestingly, today Hans Von Spakovsky goes through the profiles of the lawyers who now popualate the Civil Rights Division. It’s amusing, if not horrifying, to see what kind of ideological extremists and, as he puts it, “hacks” have gotten jobs there. He sums up:
The new administration is free to select whomever it wants for political posts at the Justice Department — even lawyers who were involved in lawsuits that resulted in sanctions against the Department. But we all remember the Left’s relentless attacks upon the Bush Civil Rights Division for installing conservatives in leadership positions. We were subjected to endless blather about the Bush team’s arrogance for refusing to approve a handful of cases recommended by career staff, its chutzpah in allowing political appointees to manage certain litigation, and its sheer temerity for stripping some career section chiefs of their authority to exercise unfettered discretion in establishing the enforcement and policy agendas of the Division. The soaring rhetoric turned out to be just that, rhetoric.
Hypocrisy, actually.
In short, the Obami can hire anyone they want to the Justice Department. But then they should be prepared to defend their hires and get off their high horses. After screaming that George W. Bush “politicized” the Justice Department, they have a lot to answer for. But they prefer to just holler at their critics.
