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PRESIDENTIAL APPOINTEES IN TROUBLE Presidential Appointees - whether that the very top of the pile, or at the very bottom - act very much like people in general - and get themselves in trouble - or find themselves in a legal disaster because they trusted their boss - or THE Boss - i.e. the President - or because they are trapped in changes of circumstance around them. This page is largely a diary of the more obvious problems - the ones that show up in the Press or that get National attention. Ahead of that are a number of observations that are important to those thinking of Presidential Appointee government service. Miers and Bolton in the Soup: The Bush "screw the law" attitude appears to be leading to a contempt of Congress citation from the House today - would mean that that new AG, Mukasey, would have a chance to prove he will enforce the law and submit the issue to a federal Grand Jury. Both refused to testify and refused to present documents. This shows that the system does work when it gets right down to it, and this should slow down the mouthy attitude of the White House which has consistently told the Congress to stuff it over the last 7 years. 11-16-07 White House Officials subpoenas ordered: A federal Judge authorized subpoenas to testify today to sixteen senior Bush appointees. This order is sure to be appealed by the White House on the issues of Executive Privilege, and the standard "risk to National Security" approach always used by the administration. A reasonable guess is that the WH will lose this one because the material requested is not close enough to the White House operations - but it will take awhile to work through the judicial system, and it will clearly go to the Supreme Court eventually. It is improbable that there will be any expedited orders to shorten the process. 11 2 07 Nord in Trouble: The acting Chair of the Consumer Product Safety Commission, Nancy Nord, is under serious fire for the general ineffectiveness of the CPSC during the Bush Administration - the lead in toys problem - too many free trips on the nickel of supervised business firms. Somebody has to take the fall for the public and political anger at the failures of the commission, and she is going to be the one to go down. 11 2 07.. Updated Sunday, November 22, 2009 04:05 PM .
Gonzales' Lawyer: The President's former Attorney General hired the best of the best when it comes to criminal lawyers - too bad he couldn't have done the same when putting his own staff together. The word today is that the former AG is getting ready to defend himself in criminal court when the criminal division of the Justice Department nails him for criminal misconduct while serving the President. The street talk among lawyer insiders in DC is that it is payback time - that pro lawyers in the department are still embarrassed by his operations for the President and the hurt he applied to the respected United States Attorney ranks when replacing some with political hacks he and the President (Rove) liked better. Payback times are tough times! 10-10-07 Gonzales Resignation: The Justice Department has started an investigation into Gonzales conduct both as Attorney General and as an employee of the White House. Whatever the result the retiring AG is disgraced at best, and in serious trouble at worst. The appointment clearly was given to a man without the experience and skills to be AG. This is a reflection of the immaturity of the President's understanding of the Presidential responsibility, and a sign of how little the President genuinely respects his retiring his Attorney General. September 3 2007. The Attorney General has resigned under pressure of both government and public pressure. President Bush has accepted his departure. The President has faced endless problems with his appointments - people he has known a long time in Texas who lacked both the talent and particularly, the experience to fill jobs like the top Justice Department job. It takes and strong and smart personality in a President to appoint people smarter than he is - Bush rarely did that if he could avoid it. This is the problem with electing inexperienced and under qualified Presidents. August 27 2007. Wolfie in Trouble: The Wolfowitz appointment and his subsequent corrupt conduct at the World Bank plagues the Bush Administration which consistently refuses to remove Presidential Appointees who get themselves into serious political trouble. Certainly there are some political fights that deserve a fight, but questionable and provable negatives issues about overpaid lovers are difficult to defend. Presidential stubbornness for stubbornness sake is incomprehensible in terms of successful politics or good government. There is serious tragedy involved in the Wolfowitz saga - the man has a history of involvement in competent and skillful matters - whether or not agreeable to any one of us in terms of policy - but somewhere he lost his reality traction enough to use his position to muscle big money for his current squeeze. While he is riding the White Horse of stopping international political corruption at the World Bank - he does not acknowledge his own corruption. Part of the duty of the President is to manage his people - lead them - even to help them save themselves from their own error - but George Bush is lost in the charade of his Presidency - he was never really elected, and he has never really gotten beyond some sort of comic book Presidential character in his imagination - at great loss and great risk to our People and to many people of the World. 4-25-07 Wolfowitz Money Muscle: The President appointed Paul Wolfowitz to be President of the World Bank about two years ago. It was a controversial appointment because of Wolfowitz' involvement in the Iraq War. Now, two years later, it is clear that he muscled the World Bank and State Department into a combined, complex and possibly illegal pay deal for his girlfriend that boiled down to something over $250,000.00 per year - more than the US Secretary of State earns. World Bank employees have reported that Wolfowitz also demanded huge pay increases for the cronies he brought with him to the World Bank from the Defense Department. Eventually, all this will cost Wolfowitz his job and the US plenty of embarrassment. The issue is bigger, however, and it relates to how we consider the position of high end Presidential appointees in terms of power, perks, and dollar compensation. This has a huge impact on the availability of talented people to serve the People as Executive appointees. 4-18-07 Really Sticky Times for Justice Appointees: A Department of Justice Appointee announced today she will not testify before Congress - under any condition - including under subpoena - and will exert the Fifth Amendment protection against self-incrimination if forced to appear. She and her attorneys fear criminal charges! AJ Gonzales ought to be polishing up his resume if this mess has gotten this far and he is not taking steps explain it. Lots and lots of trouble in the offing - almost surely - not to speak of a ton of trouble for the President - if you were in Washington DC tonight - the White House and the Department of Justice would appear to be on opposite sides of the world! 3-27-07 Bad Times for Appointees: The Army, Attorney General's Operation, and Libby situation are strong examples about how unpleasant life can get for Appointees in Trouble. It appears that it is going to get worse, particularly in the AG questions. One clear lesson for appointees is to watch your mouth and conduct in areas where you suspect there is any impropriety at all. Assistant Attorney General Bill Mercer - who was a US Attorney I know a little bit - is far too smart a guy to have said and done what he is accused of saying and doing. I assume the press is generally right in its reporting, and Mercer wasn't expecting everybody around him to reveal everything he had said. It astonishes me that over the last twenty-five years appointees and staff near the President, as in this case, have documented their stupid statements on e-mail, which they have to know is archived, and is always eventually available to everybody. It is a time for appointees to study the problems in these three situations - plenty of warnings and lessons here. 3-13-07 Army Secretary Francis J. Harvey bit the dust this week over the treatment of soldiers at Army medical facilities - fired by Secretary of Defense Gates along with high ranking Generals who directly commanded the hospitals. It is a political issue, of course, but an accountability statement by Gates. This is a confirmable appointment without a nominee as of 3/3/07. An interim Secretary has been appointed. 4-10-07 Consumer Product Safety Commission: President Bush nominated Michael Baroody, Executive Vice President and senior lobbyist of National Association of Manufactures to be Chairman - 3/2/07- raising hackles among Consumer Rights groups. Expected to to be Confirmed - relatively routinely by Senate. April 10 2007 . Some "For What it's Worth" Observations 1. Executive Appointments at all levels - from Secretary of State to the local person dealing at the County level across the Country on matters of Agriculture, Interior Department projects, etc - are going to be in serious federal trouble if they choose to violate the law - even a little bit. Just being appointed makes the standard higher - the scrutiny higher - and the trouble greater if you get caught. 2. All Administrations and all Parties have people who get into difficulty with the Law. There is no doubt that the Watergate issues in the Nixon (R) administration were the the Granddaddy of all White House scandals, but the Clinton (D) sex scandal also resulted in Impeachment. Scandal and illegality by appointees is not Party specific - it is politician specific when people get into public and powerful positions. 3. Many, many appointees bring their troubles with them, hidden away in their tax files, in undiscovered crimes, and very often, deep in their sexual conduct - currently or in the past - with much of that hidden in their minds. These sorts of things often do not show up in credit checks, FBI checks or interviews, or background checks in person with neighbors and friends - but become national glaring disasters when they become known during the course of Presidential service. If it is there - it almost a sure bet that the press will find it or hear about it - or an old enemy or jealous friend will "snitch it off" for the fun of it, or as a payback. If there are skeletons in your closet - or worse - in your mind - bail out before you get into a Presidential or White House appointment - it will be a huge personal disaster and the White House will let you go down in flames - big time - hardly recognizing they ever knew you existed. You can bet, and believe it, that the Justice Department will prosecute forcefully (and lawfully) - the press will nail your disgraced hide on the nearest tree - and your Christmas Card list will drop to zero! Disgrace- even unproven - is disastrous to your family and friends. Please read "Clean up your Act"! 4. If you get in trouble - be ready to pay your own accounting and legal fees. They are going to be horrific in size. Usually you are on your own if you are accused of wrongdoing. If it is something that comes up in the course of your public duties, and you were operating within the law and within the policy of the government, you are probably protected by government attorneys - but don't assume that - check if you have any questions about your conduct or policy operations before you act. Remember that both Nixon and Clinton paid their own attorney fees (or raised them from their friends and supporters) - but the government didn't pay for them. 5. Tell the TRUTH when asked by an investigating authority like the FBI, a US Attorney, or a Grand Jury. Get legal advice before you speak if you feel you need to, but if you lie - you are TOAST! (Witness the Libby situation.) The 5th Constitutional Amendment which, in part, protects you from self-incrimination - is a better idea than not telling the truth. 6. Remember - no matter how close you are to your Supervisor - colleagues - the President - your spouse - your kids, or your Mother - historically - they may love you - but they usually won't fib for you! 7. Federal Appointments - even modest ones - are in the "big leagues" of politics - if appointed, it is a serious part of government, and the People have a right to expect you to do your best. Our philosophy here is that you have to remember that you work for the People ultimately - and your task is to carry out the lawful policies and directions of the President and those who lawfully represent him. That makes for great service to the People and for the President - and a good experience for you. Appointees in Trouble The following materials are put in here because they are good case studies of how political appointees get themselves in trouble and for that matter - out of trouble. They are presented for the same purpose that lawyers study the law through case examples - looking at the facts and circumstances around real life situations. If you have comments about any of this and want to add them to our remarks - forward them to Director@Presidential-Appointments.com and we will add them to these comments without editing, providing they are not obscene, illegal, nor offensive beyond reason. The Libby Case 03-11-07 - At the end of last week, Libby was convicted of four of five felony charges. He will be sentenced in June, 2007. 02-07-07 - The various press people called to testify seem to have shifted the evidence of Libby's perjury heavily against him. It will be interesting to see what happens when Rove testifies, and Vice President Cheney, Libby's old boss, ends up in front of the Court. The case appears hugely important for Libby, but sort of typical of the Bush administration's confrontation with use of the truth. The case is getting more than the usual dose of press because so much of the press itself is in the evidence and individual reporters are being called to confirm allegations of his lies. We'll see - and suggest you casually watch this one - or read up on it later if you are in a historical position of this one later. 01-29-07 As the Vice President's former assistant, "Scooter" Libby, continues through his trial for fibbing to the FBI and a Grand Jury, conflicts of policy and politics between the White House and the VP's staff are becoming interesting and public. Usually these sorts of cases between former colleagues and friends who are trying to hang a criminal exercise on one another end up being ground up in the legal process, or national security classifications or protective politics - but not this one. They are right down and dirty on this one - real facts are actually coming to light - from real perpetrators. The old insiders like Cheney, "Scooter", Rove, and some others are screwing over each other in public. Nice! But the best of examples of public government! 01-29-07 - Fleisher Fun - Ari Fleischer, Former Press Secretary to President Bush - and it is a Presidential Appointment - testified against Libby today. What is interesting about Ari's situation is the possibility that his job was used as a way to manipulate Iraqi War setup information. In short - Ari is clearly a clever guy - but may well be a victim of the President's guile when he gave out information which was either false or classified. Lying is one thing among politicians - if to the People - but it gets messy - and criminal - if to the FBI or other federal or state investigators. PERJURY AND OBSTRUCTION: Libby, et al: On Libby - a Presidential Appointee: The Libby situation is an attack on each of us as citizens, as well as the system of laws by which we all are bound – it represents a philosophy of government – of tyranny - which as recurred through all of known history – individuals willing to destroy their fellow citizens to enhance their own power. Criminal force has been in the nature of executive appointments as far back as we have history - it is not partisan - it is universal - an operating style of appointees. When it breaks out into the public - judgments are consistently tough and thorough - forcing those appointee's principals to back up and heel. Huge numbers of US appointees are solid honorable people who serve the People with important contributions. Those who lack the constitutional integrity to operate within the law are flawed with loyalty to their senior politicians rather than to the law which represents the civilized rules of representative government. So far, even when the full power of the White House is brought to bear, the power of prosecutorial law has prevailed - the nation in its core is resilient. Libby is already paying personally in a serious way - surely with his cohorts doing everything to disassociate from him, knowing that if he talks to save himself, the administration will be embarrassed. If Libby does not perceive himself as used like a $3 whore by the Vice President and the White House - he will pay long and dearly not as a martyr, but as a fool who failed to act ON BEHALF OF THE PEOPLE. .
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