Justice Department's Independence 'Shattered,' Says Former DOJ Attorney

[babylonsister]

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Justice Department's Independence 'Shattered,' Says Former DOJ Attorney

Tony Mauro
Legal Times
April 16, 2007


Since the day he arrived at the Department of Justice in February 2005, Attorney General Alberto Gonzales has "shattered" the department's tradition of independence and politicized its operation more than any other attorney general in more than 30 years.

So says Daniel Metcalfe, a senior attorney at the department who retired in January, before the current controversy over the firing of U.S. Attorneys erupted. He views the episode as an "awful embarrassment" that has only worsened already-low morale at the department, especially among career attorneys.

Metcalfe, 55, served most recently as director of the Office of Information and Privacy. He co-founded the office in 1981 with Richard Huff. But his career at the department began in 1971. He started as an intern, working at the department full-time while attending law school at George Washington University. Later, he worked as a trial attorney in DOJ's Civil Division before founding OIP.

At that office, Metcalfe oversaw Freedom of Information Act policy throughout the executive branch. He gained a reputation as a principled official who would adhere to the policies of whichever administration he served, but not at the expense of following the letter and spirit of FOIA. "Dan earned great respect for the policies he helped form, even though they sometimes put him at odds with access advocates," says Paul McMasters, the recently retired First Amendment ombudsman at the Freedom Forum. Metcalfe plans to begin teaching law in coming months.

In interviews in person and by e-mail with Legal Times Supreme Court correspondent Tony Mauro, Metcalfe recently detailed his views about Gonzales and the politicization of the department, as well as information policy. The transcript follows.

Q: How do you view the current controversy at the department? Is this a time, as a recent retiree, when you would be missing the "excitement" of being at the department right now?

A: I miss many things about the Justice Department after having been there for so many years, not the least of which are the challenges that came up almost daily. One of the wonderful things about the position I held is that every single day held the prospect of bringing some new issue, or new potentially sensitive record, to be analyzed and addressed. With very limited exception, everything that the federal government does is reduced to a record, and any record can suddenly be "placed on the hook," as it were.

So when I walked in each morning, I knew I could be dealing with a difficult legal issue in virtually any area of governmental activity -- and as much as I'll enjoy teaching law, it'll be hard to ever top that. But if what you mean by "excitement" is the recent U.S. Attorney imbroglio, which is such an awful embarrassment to the department as an institution, I don't miss such things at all.

As a matter of fact, knowing that the office I headed for 25 years has been drawn into that controversy by, among other things, playing so visible a role in political e-mail processing, I'm frankly glad that I avoided any prospect of moral discomfort involved. In short, I never had to decide whether to participate in such a highly questionable, obfuscation-laden enterprise because it belatedly erupted in 2007, not in 2006.

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[movonne]

1. I wonder if this administration was put in power to bring this country

down, if not they are doing this very well a little bit at a time..Our military, our justice dept, our stature around the world etc. Did they start out to give it to China???

[babylonsister]

2. Whatever their original motives, they've done a heckuva job. nt