A Tenuous Hold on a Job

Jobs in the Justice Department are inherently political appointments, yet they should simultaneously be above politics and dedicated to enforcement of the laws. The concept is bedrock, blind justice is the standard; the rule of law, not of man.

Yet, it is traditional that upon a change of administration the members of the executive branch above a certain level are all subject to the pleasure of the new incumbent. Typically, all previous appointees will submit a letter of resignation. This allows the new administration to either accept or ignore the letter.

We might recall a couple of short years ago that the Bush administration was subjected to investigation, derision and challenges when they dismissed a number of US Attorneys. Yes, all parties agreed that those individuals serve "at the pleasure of" the President. Yes, they all agreed that he could act, but the opposition sought to make it an issue. In large, they succeeded. The fact that the previous President had dismissed the entire cadre of US Attorneys upon assuming the office, this situation was somehow "different."

Well, here's an interesting situation:

What Are The Odds?

Here's a pretty strong indication that the dismissed individual in New Mexico was derelict in his prosecution. Clear grounds for dismissal. Now, we've got the Governor of the state under scrutiny such that he withdraws from consideration for a cabinet post. That creates a situation in which an unbiased, objective, US Attorney would seem to be a requirement. The Wall Street Journal appears to think so.

And, we've got an unusual situation in place. While President Bush removed six US Attorneys, he didn't make the appointment in New Mexico. The replacement was selected by a panel of federal judges. That clearly removes the stigma of being a tool of the previous administration.

Throw in that the evidence indicates that the current incumbent is competent, clearly uninterested in publicity at the expense of justice, and is well respected by the legal community of the state. About the only folks that don't support him are the criminals and law-breakers who run afoul of his efficient prosecutions. Add the last issue of the current investigation of the governor which seems inevitably to be destined to be dragged into the federal court system and you've got a compelling case to keep Mr. Fouratt in office.

The decision of Mr. Obama in this matter will go largely unnoticed across the country (unless the WSJ follows up on this), but it will certainly be indicative of the attitude of the new administration. I'm going to watch this closely.