NPR: Official: Justice Dept. Crisis May Help Next AG

Official: Justice Dept. Crisis May Help Next AG

Now that retired Judge Michael Mukasey's nomination has made it out of the Senate Judiciary Committee, it seems a sure thing that he will be confirmed by the full Senate as attorney general. (Then again, his recommendation by the committee seemed like it would be smooth sailing at first — but that got a little complicated.) While Mukasey's opinion on waterboarding remains a hot topic of conversation, if he takes over as attorney general, the biggest challenge he'll face at first will be turning around a Justice Department in crisis.

And that situation may be his ace in the hole when it comes to making a difference quickly, says Philip Heymann, a former assistant attorney general in the Carter administration and deputy attorney general in the Clinton era. Heymann, who teaches at Harvard Law School, told me that top organizational experts now believe that it's easier to turn around an organization quickly when it's in crisis.

"He has an advantage, rather than a disadvantage," Heymann said. "Everyone in the department will want him to succeed, and so they'll work harder to make that happen."

The department has been roiled by allegations that decisions, including the one to fire several U.S. attorneys, were motivated by partisan politics. Heymann recommends that Mukasey move "pretty quickly" to address those issues if confirmed. He suggests that Mukasey announce that White House officials and congressmen will no longer be able to contact Justice Department employees who make decisions about prosecutions and personnel. (Mukasey has already indicated that he plans to authorize only a few top Justice officials to take calls from political figures.)

"If elected or non-elected officials have something they want to convey, they can speak to the attorney general or one of his two assistants. And a record should be made of the conversation, as was the case in some previous administrations. Then Mukasey and his assistants can decide what they want to do with that information," Heymann said.

Channeling politicians' comments through the top ranks reduces the influence on the rest of the staff, and keeping records promotes transparency, Heymann says.

3:40 PM ET | 11- 7-2007 | permalink

Comments

Anyone proposing that Michael Mukasey
is going to do anything at the Justice
Department other than rubber-stamp
"OK by me!" on anything handed down by
Emperor Cheney is either a liar or
delusional.
When the Bush administration is over,
the Justice Department will be left
in the same condition as the other
departments reporting to the executive
branch, a corrupt shambles.

Sent by Dave Randolph | 4:42 PM ET | 11-09-2007

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