The Washington Post blares a pseudo-scandalous headline: “Administration Wanted Loyalist As Justice Dept. Legal Adviser.” One can debate the contribution and wisdom of John Yoo and Jack L. Goldsmith, Justice Department lawyers who are the focus of the story, but somewhere in the Alberto Gonzales scandalmongering we — or the media — lost track of the ball. Some basics: the Justice Department is part of the Executive Branch, not some roving independent prosecutorial body responsible to no one. The President not only has the right but the obligation to pick who he wants in key roles.

All administrations pick their top cabinet officials and, yes, even their U.S. attorneys. They get evaluated on how well those picks perform and history will judge the contributions of both Goldsmith and Yoo. Democrats raised the notion that Gonzales’ replacement for Attorney General should somehow be “independent” and the media bought that hook, line, and sinker. What you do want is someone who will provide excellent independent judgment, which Judge Michael Mukasey has done in spades, but the idea that the White House shouldn’t have the final say in its own departments is beyond silly.

I am sure the media will get over the mock indignation instantaneously should Obama be elected. Then we’ll hear plenty about how important it is for the President to shape a loyal, unified, and ideologically compatible administration to carry out the President’s policies. Sort of like what the Constitution had in mind, huh?