The Justice Department's collapse

1 November 2016   NormanL

 

Attorney General Loretta Lynch is (sort of) in the spotlight once again, this time for her
latest actions in the newly-invigorated investigation into Hillary Clinton's emails. The Wall Street Journal says Lynch has presided over a "meltdown (link is external)" at the Department of Justice. The damage may be extensive. And the blame? It belongs at the top:

All of this reveals a Justice Department and FBI in turmoil, with some agents in semi-open revolt against their political leadership. This is terrible for those institutions, for confidence in government, and for Mrs. Clinton’s ability to govern if she does win next Tuesday’s election. These events mean she could enter the Oval Office under criminal investigation, with her right-hand aide Huma Abedin suspected of concealing evidence, and Congress investigating these compromised investigations. 

The Clinton penchant for deception and secrecy bears much of the blame for this mess, but then so does the President who is currently responsible for the Justice Department. 

Mr. Obama sent his own bad political message when he twice suggested in interviews, in October 2015 and April 2016, that Mrs. Clinton’s unsecured email setup did not endanger national security and that she had no ill intent. The norm is for the chief U.S. law-enforcement officer not to comment on ongoing investigations, and Mr. Obama’s prejudgment of the legal questions may have seeped down to the rank and file.

In Mr. Obama’s April 2016 absolution of Mrs. Clinton, the President said repeatedly that “I guarantee that there is no political influence in any investigation conducted by the Justice Department, or the FBI, not just in this case, but in any case.” He added that “Guaranteed. Full stop. Nobody gets treated differently when it comes to the Justice Department, because nobody is above the law.” 

If Donald Trump (link is external) wins next Tuesday, one major reason will be that the meltdown at Justice has shown how manifestly false Mr. Obama’s statements were.

Mr. Obama's Department of Justice has been a sad case from the beginning of his presidency. That it has deteriorated even further -- to the point of "semi-open revolt," tells us that the leadership team he put in place at Justice, and the policies they pursued in his administration's name, have done great damage to a critical executive branch agency, and the rule of law.

It may take years to clean up the mess they leave behind. Should Hillary Clinton win next week, the mess may become permanent.