Commentary Magazine


Topic: Mary Patrice Brown

Re: Yoo and Bybee Cleared

More reviews are coming in for the work of the OPR lawyers who doggedly pursued John Yoo and Jay Bybee for two years. A 14-page letter dated January 19, 2009  is available, authored by Former Attorney General Michael Mukasey and his deputy Mark Filip and setting forth many of the identical criticisms that caused David Margolis to reject, finally, OPR’s work.

I also heard from Professor Ron Rotunda, an expert in constitutional law and legal ethics, with whom the Justice Department consulted during the OPR investigation. He was blunt: “I saw the ethics charges that the OPR staff made.  The materials are now publicly available. I think it is the OPR staff who should be investigated, for their shoddy, leak-prone, result-oriented, and — dare we say it — incompetent investigation.”

This unmasking of OPR’s incompetence and bias is not only important in so far as it completely vindicates Yoo and Bybee, though it certainly does that. It is also important because OPR remains a critical entity within the Justice Department. It is this group — whose unprofessionalism and bias have now been amply demonstrated at Yoo and Bybee’s expense – which, for example, is charged with investigation of the New Black Panther Party scandal. Do we suppose they will perform any more credibly in that inquiry? And recall as well that the head of OPR, Mary Patrice Brown, is reportedly under consideration for appointment to the federal bench. Well, I, for one, would much enjoy that confirmation hearing.

But more seriously, Attorney General Eric Holder has an obligation now to clean house and deal with those who leaked during the investigation in violation of their professional obligations. OPR has been entirely discredited and the stench will not dissipate until Holder takes appropriate action to — what is the phrase? — ah, yes, depoliticize and restore the credibility of his Department.

More reviews are coming in for the work of the OPR lawyers who doggedly pursued John Yoo and Jay Bybee for two years. A 14-page letter dated January 19, 2009  is available, authored by Former Attorney General Michael Mukasey and his deputy Mark Filip and setting forth many of the identical criticisms that caused David Margolis to reject, finally, OPR’s work.

I also heard from Professor Ron Rotunda, an expert in constitutional law and legal ethics, with whom the Justice Department consulted during the OPR investigation. He was blunt: “I saw the ethics charges that the OPR staff made.  The materials are now publicly available. I think it is the OPR staff who should be investigated, for their shoddy, leak-prone, result-oriented, and — dare we say it — incompetent investigation.”

This unmasking of OPR’s incompetence and bias is not only important in so far as it completely vindicates Yoo and Bybee, though it certainly does that. It is also important because OPR remains a critical entity within the Justice Department. It is this group — whose unprofessionalism and bias have now been amply demonstrated at Yoo and Bybee’s expense – which, for example, is charged with investigation of the New Black Panther Party scandal. Do we suppose they will perform any more credibly in that inquiry? And recall as well that the head of OPR, Mary Patrice Brown, is reportedly under consideration for appointment to the federal bench. Well, I, for one, would much enjoy that confirmation hearing.

But more seriously, Attorney General Eric Holder has an obligation now to clean house and deal with those who leaked during the investigation in violation of their professional obligations. OPR has been entirely discredited and the stench will not dissipate until Holder takes appropriate action to — what is the phrase? — ah, yes, depoliticize and restore the credibility of his Department.

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New Black Panther Case Investigator Getting a Lifetime Judgeship?

This report would ordinarily not be of much interest:

The White House and the Justice Department are vetting the head of the Office of Professional Responsibility, Mary Patrice Brown, for a federal judgeship, according to two people familiar with the matter.

Brown, a well-regarded career prosecutor, is expected to secure a nomination to the U.S. District Court for the District of Columbia, assuming she clears her FBI background check and American Bar Association review, the people said.

But OPR is now handling, with no deliberate speed and no transparency, the internal investigation of the dismissal of the New Black Panther Party case. (Really, is it possible that after months of investigation, not a single member of the trial team has been interviewed by OPR?)

And do we think Brown is acting with full independence and a devil-may-care attitude as to where the facts may lead? Or is she, now that a lifetime appointment to the court is pending, treading ever so carefully and slooowly? Well, one thing is certain: if she is nominated for a federal courtship, senators can finally quiz her on what political interference by Obami appointees in the work of career prosecutors may have been uncovered and why the OPR is slow-walking its way through an internal investigation that remains hidden from all outside scrutiny. That should make for an interesting confirmation hearing.

This report would ordinarily not be of much interest:

The White House and the Justice Department are vetting the head of the Office of Professional Responsibility, Mary Patrice Brown, for a federal judgeship, according to two people familiar with the matter.

Brown, a well-regarded career prosecutor, is expected to secure a nomination to the U.S. District Court for the District of Columbia, assuming she clears her FBI background check and American Bar Association review, the people said.

But OPR is now handling, with no deliberate speed and no transparency, the internal investigation of the dismissal of the New Black Panther Party case. (Really, is it possible that after months of investigation, not a single member of the trial team has been interviewed by OPR?)

And do we think Brown is acting with full independence and a devil-may-care attitude as to where the facts may lead? Or is she, now that a lifetime appointment to the court is pending, treading ever so carefully and slooowly? Well, one thing is certain: if she is nominated for a federal courtship, senators can finally quiz her on what political interference by Obami appointees in the work of career prosecutors may have been uncovered and why the OPR is slow-walking its way through an internal investigation that remains hidden from all outside scrutiny. That should make for an interesting confirmation hearing.

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