Sunday, February 22, 2009

Remember the Drama Over Those Missing White House Emails?

On another blog, someone questioned my liberal credentials because I methodically point out the blatant inconsistencies in the LOUDNESS of liberal criticism of Bush's policies compared with liberal silence or defensiveness when Obama replicates these same practices. But with new material emerging on a daily basis, I find it hard to let go of this role.

Bush's lack of transparency made him less than human to many liberals. [Editor's Note: For the literalists, that was sarcasm.] One issue that provoked liberal outcry during his administration centered around the loss of millions of White House emails. Although the Bush administration reported that it recovered and made public many of the emails, two advocacy groups that have sued the government say that the White House has not done enough. Recently, however, the Department of Justice decided to maintain Bush's position that the court should dismiss the lawsuits.

The Department of Justice wants to win cases. It represents the government. It is not "evil" for lawyers to argue for the dismissal of lawsuits against their clients. Lawyers have a natural and fixed desire -- and an ethical obligation -- to provide zealous advocacy for their clients. Accordingly, I do not disagree with the DOJ taking a firm stand defending the White House against the email litigation.

Nevertheless, if McCain had continued along this path, we would have heard numerous cries that he was "more of the same." Now, we only hear scattered criticism. What justifies the divergent reactions?


Decidere said...

Well, I think what we were hoping for is the White House to revise its stance about protecting those "lost" emails and instruct the DoJ to negotiate accordingly on the suit. Maybe I'm confused, but I didn't think the DoJ was the White House's personal lawyer (once upon a time) - I think the White House has a White House Counsel instead to defend the White House, even though Gonzales managed to blur the AG & Counsel jobs together.

The DoJ actually should be investigating the White House for not upholding the law.

msakel said...

Why on earth would ANYONE ever question Hutchinson's "liberal creds"? Surely they haven't read ANY of Darren's writings. Although, it's an indisputable fact that when a writer walks down the path opposite to that followed by the brat and beer hoi polloi, he gets to displease the fanatics. Perhaps they could spare a second or two to glance at the name of
this blog: DISSENTING JUSTICE! Or perhaps they haven't been cured yet of their Obamyopia (?)...

dualdiagnosis said...

Bush's lack of transparency made him less than human to many liberals.

I don't know why you backed off of that, at the very least they dehumanized him and the administration.

It is amazing and quite entertaining to watch many on the left struck dumb by Obama's actions, many of them identical to Chimpy McHallibushitler.

Legal-Right said...

Hutchinson: I'll vouch for your liberal creds... not that it would mean all that much coming from me.

Decidere: I believe the AG position was originally created as the legal adviser for the President and Congress. And it would appear that the Supreme Court's refusal to get involved with answering "Political Questions," fueled the creation of the DOJ. When the DOJ was created, the position of Solicitor General was also created and his purpose is to represent the government in litigation. The DOJs evolution into the President's law firm is not so surprising to me as it is a part of the executive branch and the AG is named by the acting president. But, that doesn't make it right, does it?

Decidere said...

Wikipedia time:

The United States Solicitor General is the person appointed to argue for the Government of the United States in front of the Supreme Court of the United States whenever the government is party to a case. Currently, the Acting Solicitor General is long-time deputy Edwin Kneedler. Elena Kagan is President Barack Obama's designate to fill the position permanently, the first woman to hold the office.

The Solicitor General advocates a legal position based upon the President's political position. In addition to actually arguing before the Court, the Solicitor General's office files amicus curiae briefs in virtually every case of significance to the federal government, regardless of whether the government is directly involved.

The Counsel's role is to advise the President on all legal issues concerning the President and the White House.

In the Federal Government of the United States, the Attorney General is a member of the Cabinet and as head of the Department of Justice is the top law enforcement officer and lawyer for the government. The attorney general may need to be distinguished from the Solicitor General, a high Justice Department official with the responsibility of representing the government in the Supreme Court. In cases of exceptional importance, however, the Attorney General may choose to represent the government himself or herself in the Supreme Court.

I wonder when someone represents the people of the United States.

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