Newsmax-May 31, 2000

Justice Department's Corruption


By Paul Craig Roberts

If you were a U.S. attorney general confronting possibly the
biggest presidential scandal in American history and the FBI
director strongly advised you to recuse yourself from the
investigation because of a conflict of interest, would you ever
forget such a tense and dramatic moment?

 On May 19, Attorney General Janet Reno said, "I don't have a
recollection" of FBI Director Louis J. Freeh advising her, face
to face, to recuse herself from the Clinton-Gore-Chinese campaign
finance scandal.

 The collective amnesia of the Clinton administration is a
wondrous thing. It makes you wonder how these people find their
way to work in the morning. Also suffering from memory loss is
Lee Radek. Radek spearheads Reno's cover-up of the scandal. Radek
doesn't recall telling two senior FBI officials that he was
"under a lot of pressure" to cover up the scandal, because Reno's
job "hangs in the balance."

 But FBI Deputy Director William J. Esposito and Assistant
Director Neil J. Gallagher haven't lost their memory. Both
confirm that Radek made the statements that he doesn't recall.

 Radek's memory has failed him altogether. He can't recall why he
assigned the important investigation of the role played by
Chinese government money in the 1996 U.S. presidential election
to an unqualified and inexperienced prosecutor, who promptly
disorganized the investigation.

 Neither can Radek explain why he issued a "cease and desist"
order to the U.S. attorney in Los Angeles, who was nailing down
Vice President Gore's role in the illegal fund raising.

 Nor can Radek give a reason for his order blocking FBI agents
from seizing evidence of the scandal before it could be
destroyed.

 There is no doubt whatsoever that the DOJ has been obstructing
justice. In fact, the situation is so serious and so explosive
that the DOJ has called on the departmental loyalty of former
Republican Justice Department officials to quiet the waters and
keep the cover-up from being investigated by a subsequent
administration.

 "People might lose confidence in the government," they implore,
as if anyone has a drop of confidence in the DOJ.

 In a recent speech at Hillsdale College, U.S. Rep. Bob Barr,
R-Ga., a former U.S. attorney, blames the politicization of the
DOJ on Bill Clinton.

 As Latin Americans are fond of saying, "When corruption begins
at the top, everything falls into decay."

 Conservatives used to emphasize the importance of Supreme Court
appointments as the reason for voting Republican. Today, they
emphasize cleaning up the Department of Justice. In the June 5
issue of National Review, Byron York says that everyone believes
that the biggest task of the next administration is cleaning out
the DOJ.

 Griffin Bell, who was attorney general in the Carter
administration, says "it would be better to have a Republican"
win the next presidential election. "Then, you can just change
everybody."

 If only it were that simple. Unfortunately, the corruption in
the DOJ goes deeper than personnel. The very concept of law that
protects us from tyranny has been lost. No longer the people's
shield, law has become a weapon in the hands of government.

 As Lawrence M. Stratton and I show in our just published book,
"The Tyranny of Good Intentions," each of the legal principles
that protect us from arbitrary and abusive government power has
been eroded by ambitious prosecutors, inattentive judges and
juries, and legal theories inimical to our legal heritage.

 William Blackstone called these protective principles "the
Rights of Englishmen." They are the attorney-client privilege,
due process, habeas corpus, equal standing in law with no group
having status-based privileges, and the prohibitions against
retroactive law, crimes without intent, self-incrimination and
bills of attainder.

 It was not the corrupt Clinton administration that undermined
these rights. The attorney-client privilege was undermined by
Assistant Attorney General Stuart M. Gerson in a Republican
administration, when he justified an asset freeze to coerce the
blue-chip Wall Street law firm Kaye, Scholer, Fierman, Hays &
Handler to pay a $41 million fine for refusing to snitch on a
client. It was not the corrupt Clinton administration that
criminalized the Exxon Valdez accident, or brought a bill of
attainder against Charles Keating, or created retroactive
liability with Superfund or vitiated the 1964 Civil Rights Act by
imposing illegal racial quotas.

 It was not the Clinton administration that initiated the vile
practices of confiscating people's assets without indicting and
convicting them of a crime and paying criminals to concoct
testimony against people targeted by prosecutors.

 It wasn't Clinton who resurrected torture and self-incrimination
with coerced plea bargains.

 The corruption of DOJ personnel is a reflection of the
corruption of law.

 The Justice Department cannot be restored until the law is.



COPYRIGHT 2000 CREATORS SYNDICATE INC.


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