Death of American Virtue - Ken Gormley [536]
Moreover, Harris concluded: Additionally, to the extent Robert Ray tried to paint a picture in his own report that OIC was off the hook because a young DOJ attorney, Josh Hochberg, had “approved” of OIC’s decisions, Harris viewed this as a “cheap shot.” Hochberg had been sent over as a liaison to report the facts back to his office. “He was not over there to advise the independent counsel, and in fact, they would have been offended had he tried to advise independent counsel.… Bennett said exactly that to me, and Starr said it to me” (Jo Ann Harris, interview by author).
“Very badly”: Jo Ann Harris, interview by author.
Starr’s prosecutors had not committed: Ibid.
“poor judgment”: The identity of that lawyer was never made public. For that reason, and because most OIC lawyers had left the Justice Department, leaving only one lawyer subject to its regulations, the author has chosen not to disclose that individual’s name.
Harris’s report also: Jo Ann Harris to author, 8 July 2006; Jo Ann Harris, interview by author.
Ray had accepted: Robert Ray, interview by author; Mike Emmick, interview by author.
“That’s where his analysis stopped”: Jo Ann Harris to author, 26 July 2006, and 8 Sept. 2006.
Harris was doubly: Harris understood that Robert Ray felt there was a certain element of “unfairness” in singling out one OIC prosecutor for his or her exercise of poor judgment when the whole office was to blame. For that reason, Harris herself had not recommended any sanctions for that individual, because of his or her “long and distinguished history with the Department of Justice.”
difficult for Harris: Harris had written a long letter to the court objecting to Robert Ray’s characterization of her report in his own voluminous final report. Ordinarily, any party was given a chance to “comment” and respond to errors and mischaracterizations of that sort. However, the three-judge court had rejected her request to publish even this abbreviated comment. This was the only time that Harris felt she had been muzzled in her long career of government service (Jo Ann Harris, interview by author). Not even Monica Lewinsky was allowed to obtain a copy of the Harris findings, to allow her lawyers to comment on OIC’s final report, as permitted by the independent counsel statute.
Robert Ray understood: Robert Ray, follow-up interview by author, 13 Mar. 2009. Ray did not specifically recall agreeing with Harris that the report would be released in its entirety. Rather, his best recollection was that the outcome of the report—and his decision to reverse Harris’s second finding relating to “poor judgment”—would be made public. Harris, however, recalled that she did extensive research to determine the proper protocol for handling OPR reports and concluded that a detailed summary of the report was permitted to be released by the Justice Department. Her understanding was that such a summary of her report would be released. She prepared this summary, but it, too, was placed under seal (Jo Ann Harris, follow-up interview by author, 19 Mar. 2009).
Henry Hyde, sitting back: Henry Hyde, interview by author.
“unwavering respect”: Resolution, Judicial Conference of the United States, 19 Sept. 2000, Henry Hyde papers.
The conservative intellectual leader: Henry J. Hyde, interview by author; David Schip pers, follow-up interview by author, March 20, 2009. The event in question was an intimate alumni gathering hosted by Amherst College, attended by (among others) David Eisenhower, grandson of former President Dwight D. Eisenhower and son-in-law of for mer President Richard M. Nixon. During the course of this gathering, Hyde’s chief counsel, David Schippers, described to Justice Scalia his plan, endorsed by Chairman Hyde, to issue subpoenas to Attorney General Janet Reno and other DOJ officials and to jail them if they failed to comply, pointing out that the matter would have then been ripe for the Supreme Court. Scalia commented: “David, we would have backed you” (Ibid.).