First the background — If you recall, Scott Bloch was part of the Bush DOJ as head of the Office of Special Council:
The 1978 Civil Service Reform Act created the Office of Special Counsel (OSC), an office mandated to protect whistleblowers from reprisal and prosecute managers for retaliation.
If you’re a Republican, that’s where you put the guy who hates whistleblowers. Enter Scott Bloch:
[Scott] Bloch has been a lightning rod for controversy since he took the position, his first major actions as head of the office were to choose as deputy a lawyer who had publicly taken a position against the “homosexual agenda,” and to hire young lawyers from Ave Maria School of Law, the conservative Catholic school founded by Domino’s Pizza billionaire Tom Monaghan.
On May 6, 2008 news agencies report that the Federal Bureau of Investigation was serving warrants on Special Counsel offices in Washington D.C. and in Texas, seized computers and searched Bloch’s home. It was alleged that when Bloch’s refusal to follow up on cases of discrimination based on sexual orientation was leaked to the press, he retaliated against career employees by creating a field office in Detroit. It was further alleged that he obstructed the investigation by removing material from his computer.
Scott Bloch pleaded guilty and is set to be sentenced on September 8, 2010.
That’s Scott Block. An anti-gay Republican who allegedly retaliated against the whistleblowers in his ownwhistleblower-protection office and got busted. (Sometimes it seems that Republicans aren’t just generally perverse, they’re exactly perverse; it’s that mathematical.)
So what does this have to do with Obama’s Justice Dept? I’ll keep it simple and give you mainly the links.
(1) Scott Bloch pled guilty on April 27 to one charge of contempt of Congress (for lying). This is a plea-bargain situation. Scott Bloch is already a convicted, guilty [CORRECTION: adjudged guilty pending sentencing] criminal.
Bloch’s sentencing is on hold in Washington federal district court as a magistrate judge tries to determine whether lying to Congress carries a one-month minimum mandatory jail term. …Prosecutors are not seeking a jail term for Bloch. …
If [Judge] Robinson rules there is a one-month mandatory minimum jail sentence, Bloch could move to withdraw his plea agreement before he is sentenced. There’s no guarantee that Robinson would allow it. [my emphasis]
(3) Last month, Judge Robinson ruled that Bloch has to serve a one-month minimum sentence.
(4) Justice Department prosecutors want to help him not go to jail:
Magistrate Judge Deborah Robinson last week ruled that the rarely charged crime carries a one-month mandatory minimum sentence. An attorney for Bloch, Winston partner William Sullivan Jr., and Assistant U.S. Attorney Glenn Leon argued together that Robinson had discretion to sentence Bloch to probation.
(5) Bloch’s sentencing is set for March 10, just days away.
So, Obama’s DOJ is acting in concert with the defense team of a Bush-era criminal, with a serious gay problem, to get him out of jail. bmaz, a practicing lawyer and writer at FDL, has the defining comment:
I have been in and around criminal defense law for nearly 25 years; you know how many times I have seen something like this? Never. In a couple of extreme cases, I have had the government “take no position”, but never actively help a defendant withdraw like they are with Bloch. Why? Because it is the government’s job to prosecute and incarcerate criminals; they simply just do NOT care if it turns out the criminal got a month in jail, whether the criminal was expecting it or not. But it is even worse than that, here the DOJ is actively, and somewhat disingenuously, helping Bloch manufacture a basis for the withdrawal.
And, absent some tangible and material just cause, withdrawal of a plea which has been formally accepted by the court is, under the Federal Rules of Criminal Procedure, Rule 11, prohibited[.]
Click through; bmaz has more, and more again. Lord knows how this will play out. March 10 will tell whether even 30 days is too much time for a convicted [CORRECTION: adjudged] Bush criminal to serve.
My defining comment: This seems to define the Obama Justice Department as entirely captive to the revolutionary force that faces us all — in the same way that the Republican party is captive, the Third Way Dems are captive, the Southern Baptist Convention is captive, and the courts, including the Supreme Court, are becoming captive.
There seems no other conclusion. Either Attorney General Eric Holder is fully on board with the defense of criminal activity when performed by Movement Conservatives — or the Department of Justice is so filled with Conservative Embeds (for example, Nora Dennehy) as to be unmanageable without a thorough house-cleaning. Either way, the Conservatives are running the Department.
And Obama does not clean house. That makes it his mess.