Now, again, life is made of grey areas. And our laws and regulations often take into account that even people of good faith may not be able to impartially investigate their own. That's why we had the Independent Counsel statute. The partisan affiliation of prosecutors and judges often hangs in the background of cases. And probably most Democrats and Republicans feel a bit better when a member of their party is brought down by a prosecutor of the same party because then you can assume -- whatever fairness or unfairness may have been involved -- that partisanship wasn't a factor.
So, all of this is to say that no system is perfect and partisan affiliation may distort the justice system at the margins.
But none of what we're seeing here is at the margins. What we seem to see are repeated cases in which US Attorneys were fired for not pursuing bogus prosecutions of persons of the opposite party. Or vice versa. There's little doubt that that is why McKay and Iglesias were fired and there's mounting evidence that this was the case in other firings as well. The idea that a senator calls a US Attorney at home just weeks before a federal elections and tries to jawbone him into indicting someone to help a friend get reelected is shocking. Think about it for a second. It's genuinely shocking. At a minimum one would imagine such bad acts take place with more indirection and deniability. And yet the Domenici-Iglesias call has now been relegated to the status of a footnote in the expanding scandal, notwithstanding the fact that there's now documentary evidence showing that Domenici's substantial calls to the White House and Justice Department played a direct role in getting Iglesias fired.
So what you have here is this basic line being breached. But not only that. What is equally threatening is the systematic nature of the offense. This isn't one US Attorney out to get Democrats or one rogue senator trying to monkey around with the justice system. The same thing happened in Washington state and New Mexico -- with the same sort of complaints being received and acted upon at the White House and the Department of Justice. Indeed, there appears to have been a whole process in place to root out prosecutors who wouldn't prostitute their offices for partisan goals.
We all understand that politics and the law aren't two hermetically sealed domains. And we understand that partisanship may come into play at the margins. But we expect it to be the exception to the rule and a rare one. But here it appears to have become the rule rather than the exception, a systematic effort at the highest levels to hijack the Justice Department and use it to advance the interest of one party over the other by use of selective prosecution.
(Emphasis mine) To read the rest of Marshall's post, click on the title.