The law versus politics

Re “The president’s right to fire,” Opinion, March 31

For those of us who teach constitutional law, the Bush administration is truly the gift that keeps on giving. The mid-term firings of various U.S. attorneys provide just the latest case study, and Douglas W. Kmiec’s explication of the unique position of the Department of Justice in the realm of presidential appointments was good as far as it went. But in his attempt to focus on the political question of whether Atty. Gen. Alberto R. Gonzales possesses “trust and integrity,” Kmiec gives just a nod toward the real issue -- whether Gonzales or his staff engaged in criminal conduct. While Kmiec is correct that the law may not be able to guarantee that “the nation’s lawyer” will act with trust and integrity, the law is much better equipped to ascertain whether public officials have engaged in criminal conduct. The power of this truth is undeniably on display at all levels of this unfolding drama.

DONNA C. SCHUELE

Woodland Hills

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Under Kmiec’s standard, the president can adopt a policy of prioritizing law enforcement in cases in which his partisan political aims are promoted, as long as a result in individual cases is not dictated. Voter-picture ID mandates are important in Democratic areas, and shorter voter waiting lines are more important in Republican areas. A U.S. attorney “not meeting expectations” can be fired without even being told why. To the contrary, the Constitution imposes on the president a duty to “take care that the laws be faithfully executed.” Eliminating all policy considerations from law enforcement is impossible, but pursuing a president’s partisan political advantage has no proper role.

JOHN C. NANGLE

West Hollywood

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Re “Gonzales’ hearing date is at issue,” April 2

White House Counselor Dan Bartlett’s statement that the Bush administration wants to “get to the facts” simply has no credibility. Unfortunately, this administration has never shown much respect for facts.

To cite just a few examples, since taking power, the Bush White House has insisted that administration officials had no role in the outing of Valerie Plame’s CIA identity, boasted that the Iraq war was a “mission accomplished,” assured the public that it was responding competently to Hurricane Katrina, manipulated scientific studies to sow doubts about global warming and, most recently, denied that the decision to fire eight U.S. attorneys was politically motivated and insisted that Gonzales had no prior knowledge of them.

Enough with what comic talk show host Stephen Colbert calls “truthiness.” It’s time the Bush administration finally gave real truth a chance.

STEPHEN A. SILVER

Walnut Creek, Calif.

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Given Gonzales’ record for candor and consistency in dealing with the firings of U.S. attorneys, it’s surely only a matter of time before he admits “misstates were made.”

MARK STEINBERG

Los Angeles