Tag: politicization

More Politicization of the Department of Justice

At the last election, Democrats complained mightily of George Bush’s having politicized the Department of Justice: firing prosecutors, suborning legal memos justifying an expansion of executive power, etc., etc.  Well, it now seems at best that the pot was calling the kettle an abuser of power.

Early in the administration, when the DC Voting Rights Act last made the news cycle, it came out that newly confirmed AG Eric Holder sought a second opinion from the acting solicitor general when the Office of Legal Counsel affirmed its 45-year position that giving DC residents representation in Congress could not be done without amending the Constitution.  The bill is now stuck because of an amendment that was added to it relaxing the District’s strict – even after Heller – gun regulations, but this issue will resurface.

Now, in the most recent development in the “Is Hillary Clinton Constitutional?” saga the OLC reversed its own position from 1987 just in time for federal prosecutors to file a motion to dismiss a lawsuit challenging Clinton’s appointment that cites the new memo (see footnote 21).  Indeed, the motion was filed the same day Acting Assistant Attorney General David Barron – who had previously rebuffed Holder on the DC Voting Rights Act (though we still have to see what the next confirmed OLC head says, be that Dawn Johnsen or someone else) – signed the new OLC memo.

The issue is that Clinton’s appointment to the cabinet – as well as that of Interior Secretary Ken Salazar – violates the Emoluments (sometimes called Ineligibility) Clause of Article I, section 6 because both she and Salazar were sitting Senators when cabinet salaries were increased.  Congress later passed short laws reversing these raises for the duration of both officials’ tenures but, as I’ve argued previously – and as OLC head Chuck Cooper spelled out in the 1987 memo – there is no “net accounting” proviso which somehow erases the constitutional defect.  While the new memo relies heavily on historical practice – several presidents going back to William Howard Taft (most recently Bill Clinton in appointing Lloyd Bentsen to be Treasury Secretary) have proceeded in this manner – the fact that political branches have acted in a certain way doesn’t speak to the constitutionality of that action.

In short, again the Obama Justice Department has found a politically expedient way of dealing with pesky constitutional issues.  In this case, that way involved issuing a memo to buttress a motion being filed that very same day in federal court.

H/T: Tom Fitton of Judicial Watch, which is involved in the suit challenging Clinton’s appointment.

Mr. President, If You’re Involved It’s Already Politicized

Yesterday, President Obama coupled his lifting of an executive order banning federal funding for embryonic stem cell research with the signing of a memorandum directing “the White House Office of Science and Technology Policy to develop a strategy for restoring scientific integrity to government decision making.” In other words, at the very moment he was directly injecting politics into science by forcing taxpayers to fund research that many find immoral – and that could be funded privately – Obama declared that he wouldn’t politicize science.

Don’t insult our intelligence. When government pays for scientific work that science is politicized. Yes, it could be argued that government not funding something is also political, but which is inherently more politicized, government forcing people to fund research, or leaving it to private individuals to voluntarily support scientific endeavors they believe of value?

You don’t have to be a scientist to grasp the obvious answer to that one.  And as I’ve laid out very clearly regarding education, this kind of compelled support ultimately leads not only to ugly politicization, but social conflict and division.

Culture wars, anyone?

The rhetoric supporting federal funding of embryonic stem cell research – and lots of other science – may sound noble, but the means-ends calculations are anything but. They are divisive incursions on liberty, and make political conflict inevitable.