Justice Department officials used political and ideological considerations to vet applicants for the department's honors and summer intern programs in 2002 and 2006, according to an internal investigation report released today.
Two members of the 2006 screening panel committed "misconduct" for taking the politics and ideology of applicants into account, in violation of department policy and federal law, a joint investigation by the Office of Inspector General and Office of Professional Responsibilty found.
The officials are Esther Slater McDonald, then counsel to the associate attorney general and an associate at Seyfarth Shaw, and Michael Elston, then chief of staff to deputy attorney general Paul McNulty and a partner at McGuireWoods.
Their actions "constituted misconduct and also violated the department’s policies and civil service law that prohibit discrimination in hiring based on political or ideological affiliations," the report states. But because McDonald and Elston no longer work for the department, they are no longer subject to discipline.
Beginning in 2002, under the direction of then-Attorney General John Ashcroft, the merit-based recruiting process controlled by career department employees was replaced by a hiring system dominated by political appointees.
After career employees voiced widespread concerns about the highly-competitive honors and summer law intern programs in 2007, the department removed the political screening in place and instituted changes.
"The department's screening committee inappropriately used political favors when considering the hiring of career attorneys, when merit should have been the sole criteria," said Inspector General Glenn Fine in a statement.
Similarly, H. Marshall Garrett -- head of OPR -- said, "This joint report exposes the wrongdoing that occurred and provides recommendations on how to prevent the improper infusion of partisan politics. . .in the future."
Attorney General Michael Mukasey said he welcomes the report and accepts its many recommendations:
"The consideration of political affiliations in the hiring of career Department employees is impermissible and unacceptable," Mukasey said. "The joint report issued today contains additional recommendations aimed at ensuring that political and ideological affiliations are not inappropriately used to evaluate candidates for these programs."
Today's report is the first among several highly-anticipated joint investigations that are examining the purge of nine U.S. attorneys in 2006, politicization at the Civil Rights Division, former Attorney General Alberto Gonzales' testimony and the role of former DOJ-White House liaison Monica Goodling.
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