Doan's Lawyers Convince Bloch to Go Harsh

by emptywheel

This is interesting. I've been following the vagaries of Scott Bloch, particularly the way he stripped the last draft his OSC's report on Lurita Doan's violation of the Hatch Act of the recommendation she should be fired, and the way he suggested that a Rove-Jennings political presentation only counts as a Hatch Act violation if someone is as stupid as Lurita Doan to explicitly call for suggestions on how to "help our candidates."

Well, after much haranguing from Doan's lawyers, it looks like Bloch decided, in the end, to throw George Bush's book at her. In a letter to Bush, Bloch suggests that Doan be disciplined most harshly, though it's unclear whether he resuscitated the language of termination that was in the second-to-last draft of the report itself.

In a sternly written letter dated last Friday and obtained by CongressDaily, Special Counsel Scott Bloch advised the president that Doan should “be disciplined to the fullest extent for her serious violation of the Hatch Act.”

Under administrative statute, the “fullest extent” for a political appointee such as Doan is termination.

“Despite engaging in the most pernicious of political activity prohibited by the Hatch Act, Administrator Doan has shown no remorse and lacks an appreciation for the seriousness of her violation,” Bloch wrote Bush, referring to the law barring executive branch employees from engaging in partisan political activity.

Because Doan is a political appointee and serves at the pleasure of the president, it is up to Bush to decide how to respond to Bloch’s recommendation, including ignoring it altogether. Bloch’s letter did not include a request for additional information or a formal response. The White House did not respond to calls for comment at presstime.

I especially like how this letter, like the last two drafts of the report, was somehow liberated, in this case to CongressDaily. Which would suggest to me that Bloch believes Bush is going to need some pressure to make the precedent-setting (in the case of, say, Rove or Schlozman who also committed Hatch Act violations) decision to fire her.

Comments

[freepatriot]

shorter bloch:

she's a loyal bushista soldier

“Despite engaging in the most pernicious of political activity prohibited by the Hatch Act, administrator doan has shown no remorse and lacks an appreciation for the seriousness of her violation,”

replace "administrator doan" with abu gonzo, scooter libby, paul wolfowitz, richard pearle, ari fleisher, cathy martin, lawyer goodling, brad schlozman, or any other name from a list of thousands, and you have the defining statement of the bush administration

no remorse

no sense of shame

and people wonder why I say religion is a scam

think of all the talabangelical Americans who think these crooks are "decent christians"

what a bunch of fucking suckers

[zhiv]

Reading today I'm remembering how back in what Bush-Cheney-Rove must be referring to now as the good old days, they would go 100 miles out of the way never to admit a mistake, make an apology, accept any kind of responsibility for fallibility, let alone wrongdoing or sheer mendacity. At this point, with Rumsfeld gone, Libby convicted, simply evil Ashcroft replaced by lying toady evil on the ropes Gonzo and a skeleton DoJ--hey, where's that pick for McNulty's job and a confirmation hearing? any day now, right? If Gonzo is so eager to sprint to the finish of Bush's term, he might want to suggest a name for his #2--, does the bravado, bluff and stonewall strategy still apply? Maybe, with the help of Fielding's new cadre of lawyers. But maybe not.

Rove made a comment to the faithful about 100 days after 11/07/06 that "it seems like 100 years, doesn't it?" Doan should be an interesting test case.

[Woodhall Hollow]

I can hear Donita now, yelling, "Momma, it's not right!"

[Woodhall Hollow]

I meant to spell it Doanita. ;-(

[William Ockham]

Any word on whether Doan will be showing up at Waxman's hearing tomorrow?

[oldtree]

much like insurance companies as an analogy to this administration, scum just don't understand that laws apply to them. It must be something watching all the incompetent boobs that now populate the civil service. small wonder the people that do the work are retiring. how would you like to have an idiot for the boss like my employees?

[eh]

wait, is this designed to short-circuit any criminal penalties for Hatch Act violations?

[Elliott]

my take on Bloch is that he'll do the right thing -- for Bloch, not necessarily for BushCo or for We the People.

[pseudonymous in nc]

wait, is this designed to short-circuit any criminal penalties for Hatch Act violations

I believe the maximum penalty is, in essence, 'you're fired'. But how that works with a presidential appointee who won't go, and the preznit won't fire, I dunno.

[windje]

I've got just one question.

If DOJ is doing so great under Alberto Gonzales' leadership, then why is the President hesitating for even one minute in carrying out DOJ's recommendation to shitcan Doan?

[Markinsanfran]

"disciplined to the fullest extent"? How about waterboarding?