In early 2006, the Justice Department’s Office of Professional Responsibility (OPR) launched an investigation to examine whether information “obtained from the NSA program, as well as whether Justice lawyers complied with the ‘legal requirements’ that govern it.”
Just a few months later, the inquiry was shut down because Alberto Gonzales refused to grant security clearances to investigators. Gonzales later suggested to the Senate that Bush made the decision to block the investigation. “The President of the United States ultimately makes decisions about who ultimately is given access,” Gonzales said.
The National Journal’s Murray Waas reported that Bush shut down the investigation upon learning that Gonzales “would likely be a focus of the investigation.” OPR’s chief lawyer Marshall Jarrett reported that Bush’s actions were unprecedented:
“Since its creation some 31 years ago, OPR has conducted many highly sensitive investigations involving Executive Branch programs and has obtained access to information classified at the highest levels,” the office’s chief lawyer, H. Marshall Jarrett, wrote in a memorandum released yesterday. “In all those years, OPR has never been prevented from initiating or pursuing an investigation.”
Now, the AP reports that the Mukasey-led DoJ will reopen the inquiry:
“We recently received the necessary security clearances and are now able to proceed with our investigation,” H. Marshall Jarrett, counsel for the OPR, wrote to New York Rep. Maurice Hinchey. A copy of the letter, dated Tuesday, was obtained by The Associated Press.
According to the DoJ website, “The objective of OPR is to ensure that Department of Justice attorneys continue to perform their duties in accordance with the high professional standards expected of the Nation’s principal law enforcement agency.” High professional standards were once a threat to the Gonzales-led DoJ. Hopefully, that tide is turning.
UPDATE: In a response to an inquiry from Sen. Dick Durbin (D-IL), Mukasey suggested that the decision to re-start the OPR inquiry had already been made prior to his confirmation. On Oct. 25, Durbin (D-IL) submitted this written question for Mukasey:
If you are confirmed, will you pledge to review this issue and to make a recommendation to the President regarding whether the OPR investigation of the Justice Department’s role in the NSA program should be allowed to proceed?
On Oct. 30, Mukasey answered, “It is my understanding this issue has already been decided. I have committed, however, to reviewing the over-all circumstances of this matter.” (p.126)

Huh. I’ll believe it when I see it. Until then, I’m not holding my breath.
November 13th, 2007 at 4:54 pmSoon to be closed again, as quickly as you can say “Executive Privelege” and “state secrets”.
November 13th, 2007 at 4:56 pmAnybody think all this legal maneuvering was to buy time to hide the bodies?
November 13th, 2007 at 4:57 pm“Life is like a jar of jalapenos.
What you do today, might burn your ass tomorrow.”
Anyone have a match?
November 13th, 2007 at 4:58 pmNow wouldn’t it be true justice if Mukasey duped Bush into thinking he would carry Bush’s water, tiptoed his way through confirmation hearings, and all along planned on bringing this administration to account?
OK, I know, but after seven years of nightmare, we all can have our own fantasies.
November 13th, 2007 at 4:58 pmRe #5
That would be great, I’d like to see Jerry Garcia, Gram Parsons and Johnny Cash do a worldwide tour as the “Travelling Troubadours”…Any bets on which one will happen first?
November 13th, 2007 at 5:02 pmAnybody think all this legal maneuvering was to buy time to hide the bodies?
Comment by missmolly — November 13, 2007 @ 4:57 pm
Indeed. The bodies have long since been decomposed into their basic elements. Emails, phone messages, all documents - gone. Bush knows it, Mukasey knows it. We know it.
November 13th, 2007 at 5:03 pmWhat is the angle here? I will bet my money that Mukasey’s role will be to have an investigation that has Bush coming out looking like a rose - pure theater to get Americans off Bush’s back and to cover Bush’s ass.
I don’t believe for one second the Mukasey is ‘independent’. He is just another character in the “Bush Production” that is this presidency from hell. It is all for show.
This will be just like Scooter’s so-called trial.
November 13th, 2007 at 5:04 pmMommy!, Bobwurst told me Santa’s not real! Make him shut up.
November 13th, 2007 at 5:09 pmGonzo should be locked up with no charges or legal representation and waterboarded daily at least until the investigation is complete. Then the waterboarding can be cut back to every other day until he tells everything that he claimed to not recall.
November 13th, 2007 at 5:16 pmEverything Bush does from here on out is geared toward staying ‘relevant’ - and out of jail - for the remainder of his term. His legacy is shot. His place in history is firmly decided. He has no idea what he has brough to this country. Just looking at the guy speak makes me want to shout “Why do you think they call it dope!” He is medicated for sure…
November 13th, 2007 at 5:19 pmYou beat me to it, left side Annie.
November 13th, 2007 at 5:28 pmI, too, will believe it when I see it.
Then again, if I see it, will I be viewing a whitewash of a crime?
Like everything of the past 7 years, you can’t believe what you see and hear from this administration. Everything must be viewed with skepticism.
I agree. We can look forward to the Spector shuffle before it’s shut down again. Now you see it — now you don’t.
November 13th, 2007 at 5:30 pmThen the waterboarding can be cut back to every other day until he tells everything that he claimed to not recall.
Comment by Bob — November 13, 2007 @ 5:16 pm
No need. That chicken sh!t would spill his guts at the mere mention of waterboarding.
“Mommy! Mommy! I want my Mommy!”
November 13th, 2007 at 5:30 pmSomething tells me we’ll see a layer of white paint over a layer of white paint over a layer of …..
November 13th, 2007 at 5:44 pmWith the Bush Administration’s record of spectacular incompetence and arrogance, it is possible that they did not cover their tracks with this domestic spying effort. Perhaps the digital evidence exists, waiting to see the light of day during the coming politically charged run up to the 2008 election.
November 13th, 2007 at 5:46 pmDigital proof that Bush spied on American citizens PRIOR to Sept. 11 2001 ,if it exists, would be very hard for MUkasey and the justice Dept. to ignore.
GW666 started illegally spying on Americans, Journalist, Political opponents, and critics 10 DAYS after stealing the White House, then said that they don’t spy without warrants, then admits to warrantless wire tapping. They have admitted it and yet there they are, still occupying the WH. If they haven’t been Impeached and Imprisoned by now what makes anyone think that they will ever be?
Buck Fush
November 13th, 2007 at 5:55 pmThis is a bit too lame for me. “. . . reviewing the over-all circumstances of this matter.” Allows for too many outs. This is bush/cheney talk for “sure we’ll look at it, but I’m sure the security of the USA demanded actions outside the law, so we’ll let them skate on this one.”
November 13th, 2007 at 5:59 pmWhat a ridiculous cop-out answer from Mukasey. “It’s someone else’s turd to deal with, not mine, but I’ll stand next to it with a shovel and a bag and look like I’m doing something important.” I’m about ready to go set a flaming pile of dog poo at Feinstein’s door up in the city, for voting for this knuckle-head.
November 13th, 2007 at 6:02 pmCaption -
GW666, “Smile big you little toadie.”
Gonzo, [big sh!t eating grin]
Buck Fush
November 13th, 2007 at 6:05 pm“It is my understanding this issue has already been decided. I have committed, however, to reviewing the over-all circumstances of this matter.â€
What is the “this issue” he is referring to??? If this issue is to reopen the investigation….then according to the AP…Mukasey was correct. The OPR investigation has been reopened….supposedly.
November 13th, 2007 at 6:06 pmIf this issue is ” has the law been broken” and it has already been decided…then it makes no sense to investigate.
DOJ Muck-Muck in charge of the investigation?? Is this some kind of sick joke or what??
November 13th, 2007 at 6:32 pmAll I can say is that there’s going to be a hot time in the old town when the Chump is out of office and not obstructing justice. The investigations, hearings, and lawsuits should keep him before juries for the rest of his days on earth.
November 13th, 2007 at 6:33 pmYea, #24, and if Gonza hasn’t been disbarred by then he can defend the wanna-be cowboy. Unless Not-so-curious were to realize what a bad idea that would be: he’d get the chair fer sher.
November 13th, 2007 at 6:44 pmMore useless GW Botch smoke and mirrors!!!
Mukasey is a facist!!!
November 13th, 2007 at 7:10 pmThe investigations, hearings, and lawsuits should keep him before juries for the rest of his days on earth.
Comment by Veritas — November 13, 2007 @ 6:33 pm
And don’t forget his eternity in Hell…
November 13th, 2007 at 10:53 pmThat is still one of the most disturbing pictures I have ever seen.
November 14th, 2007 at 9:38 amThis reopened investigation will find that no one did anything improper and they all will live happily ever after. I mean come on, does anyone really think that this administration would ever let the truth come out about illegal activity by them or Gonzo. But they really don’t have to worry because the democrats are soooo weak, but get drunk when they drink the kool aid.
November 14th, 2007 at 12:20 pmDO WE HAVE ANY HOPE IN TAKING THIS SERIOUSLY?!!??? A POLITICIZED DEPARTMENT INVESTIGATING THE CROOKS THAT PLACED THEM THERE…
November 14th, 2007 at 1:56 pmIts pretty obvious what this is all about. Millions are pissed that Mukasey was confirmed. They’re pissed at Bush for nominating another ass-kisser and their pissed at the Dems for confirming him.
So the Republicans are doing a bit of “managing and controlling the public mind” (the sick science of political propoganda). With this story they hope to temper the public outrage by painting Mukasey as an independent crime fighting do-gooder. And they know society will take a collective sigh of relief and their anger will lessen slightly.
Of course nothing will ever be done and soon the public will forget this story entirely (thanks to a compliant media that’ll never mention it again).
November 14th, 2007 at 8:15 pm