November 13, 2008

WP:

As a transition team for the Obama administration begins work on a Justice Department overhaul, the key question is where to begin.

Political considerations affected every crevice of the department during the Bush years, from the summer intern hiring program to the dispensing of legal advice about detainee interrogations, according to reports by the inspector general and testimony from bipartisan former DOJ officials at congressional hearings. [...]

David Ogden, a chief of the department's civil division in the Clinton years, will lead the transition effort. Thomas J. Perrelli, who was a counselor to Attorney General Janet Reno and a classmate of Obama's at Harvard Law School, will serve as a deputy.

Within the Justice Department, career employee Lee Lofthus and political appointee Brian A. Benczkowski have been preparing binders for the transition team that contain sensitive information about ongoing investigations, positions the department has taken in forthcoming legal disputes and more run-of-the-mill data.

Early signals about Obama's view on presidential powers could come in several ongoing court cases that turn on executive privilege, including a House lawsuit against former White House counsel Harriet E. Miers and Chief of Staff Joshua B. Bolten that rests with an appeals court in the District. The Obama team could decide to dial back its use of the privilege in that case, and in Freedom of Information Act lawsuits filed by the ACLU, which seeks information on detainee issues in New York federal courts.

Moreover, by summer, key provisions of intelligence law are set to expire, including a controversial measure that gives the government more power to seize information from libraries under the USA Patriot Act. Civil libertarians say they will watch how Obama handles such issues and what he does even earlier, to review new guidelines for FBI agents conducting national security investigations that will take hold Dec. 1.

Personnel issues will pose another challenge, given the inspector general's findings in three blistering reports that said hiring by Bush Justice Department officials routinely flouted civil service laws.

Posted by Laura at November 13, 2008 11:00 AM