Scooter Libby is not going to jail. Democrats are going crazy, and Republicans (or at least many of them) are jumping for joy. It seems like we have been there before, though sometimes the party positions have been reversed. (See, for example, Jimmy Carter pardoning Vietnam War draft dodgers, George H. W. Bush pardoning Caspar Weinberger, and Bill Clinton pardoning everybody and his brother in his last hours in office {it was actually only 146 pardons and 38 commutations, but it really did include his brother}.)
In any case, the protests and approvals are so predictable and one-sided they are not worth dealing with. It would be nice if more of our politicians could be a little more principled and even-handed, but I suppose that is too much to ask for. In any case, the whole Libby case, and other situations that have come up recently, raise a different question that does need real consideration. (While I will use Bush Administration as my example, I am sure Democrats could provide examples from the Clinton Administration or before that raise the same point.)
The question is this: Given what can happen to a person in Washington, both financially and personally, why would anyone want to work in Washington? It seems that at least since Watergate, and even more so recently, there has been a tendency to "criminalize" political differences and demonize political opponents. It is not just a matter of disagreeing with somebody. If they disagree with you, they must, especially if they are in power, be doing something illegal.
Many people will say who cares? There are plenty of people who want to work in Washington. Look at all the people running for President. If some people do not want to serve, they are plenty of others who do. It’s no big deal.
But it does matter, and it is a big deal. Of course there are plenty of people who want to come to Washington and be in government. But are they the people we want to be in government? Are they really the best people to represent us and govern us?
Two hundred thirty years ago the best people in America were in government. Washington. Adams. Franklin. Jefferson. And more. And we needed every bit of their greatness to win our independence.
During the Civil War, we needed greatness again, and there were men such as Lincoln and Grant to help secure, politically and militarily, what our Founding Fathers had won "four score and seven years" before.
But why would today’s Washington and Jefferson and Lincoln be willing to serve? Special prosecutors are appointed to seemingly investigate and prosecute without regard to proportion and justice. (Democrats see Kenneth Starr. Republicans see Patrick Fitzgerald.)
And if it is not a special prosecutor, it is Congressional "investigations". Hearings are held not to try to find out what is happening and to legislate improvements but to embarrass the Administration (whichever one it is) and score political points.
In the investigation of the firings of the eight U.S. Attorneys by Democrats in the Senate, the Justice Department’s liaison with the White House, Monica Goodling, refused to testify, invoking her Fifth Amendment right against self-incrimination. Senator Leahy (D, Vermont) of course said that her decision meant she must have something wrong. Her lawyer, however, appropriately replied that
"the Fifth Amendment protects innocent persons who might otherwise be ensnared by ambiguous circumstances, as much as it protects those who many have done something wrong." *
Both the House and Senate Judiciary Committees have issued subpoenas to, among others, Sara Taylor, former deputy assistant to the President. Because of the obvious executive privilege problems, this will be a major battle between Congress and the President (which may be all the Democrats are really looking for since I doubt they would have been issuing such subpoenas to a Democratic president). In the meantime, Ms. Taylor, who is no longer in government, has to hire lawyer to protect herself.
While that may sound like just a risk of working in Washington, I am not so sure it ought to be. Washington attorneys are not cheap, and having to spend tens of thousands of dollars, if not more, to defend oneself, when the whole purpose is little more than just political point-scoring, is unacceptable.
But even more than the financial risk is the risk to one’s reputation. When Ray Donovan, Secretary of Labor under President Reagan, was acquitted, along with all of the other defendants, after a five-year investigation by his special prosecutor, he asked, "Which office do I go to, to get my reputation back?" The fact is you can’t get it back. It is gone forever.
With reputations and finances at risk in the blood sport that politics in Washington has become, how do we attract the good people we need? Or will we be left with just the kind of people who enjoy such things?
------------------------
* John Fund, "The Libby Precedent," The Wall Street Journal, March 28, 2007.
Comments