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Attorney General Michael Mukasey on Tuesday rejected the idea of criminally prosecuting former Justice Department employees who improperly used political litmus tests in hiring decisions, saying he had already taken strong internal steps in response to a “painful” episode.
“Where there is enough evidence to charge someone with a crime, we vigorously prosecute,” he said. “But not every wrong, or even every violation of the law, is a crime,” he said. As the inspector general’s report acknowledged, the hiring violations were such a case, because the wrongdoing violated federal civil service law, but not criminal law, he said.
“That does not mean, as some people have suggested, that those officials who were found by the joint reports to have committed misconduct have suffered no consequences,” Mr. Mukasey said. “Far from it. The officials most directly implicated in the misconduct left the Department to the accompaniment of substantial negative publicity.
“Their misconduct has now been laid bare by the Justice Department for all to see,” he continued. “As a general matter in such cases, where disciplinary referrals are appropriate, they are made. To put it in concrete terms, I doubt that anyone in this room would want to trade places with any of those people.”