Federal prosecutors serve at the whim of the Executive branch of government. They are appointed by the Executive branch, confirmed by the Senate, and are managed by the president’s staff. They are quite literally political employees. They are political employees with a supposed non-partisan skill, but political employees nonetheless.

This is a short post because I can’t fathom why all the fuss. Attorney General Alberto Gonzales oversaw an organization that fired some employees who were “under-performing” in their jobs. That under-performance might very well be related to their political beliefs as measured by the cases they prosecuted.

Federal prosecutors have wide discretion over what cases they bring to court. Their own political motivations will always factor into their allotment of time and energy into the fulfillment of their duties. And it is the administration’s DUTY to remove prosecutors who are not fulfilling their duties in a manner that the Executive branch deems appropriate to the national interest.

And so what? The system is there for a reason. It is simply another check and balance that prosecutors can be removed for any reason that the executive branch deems fit. That is our system. If you don’t like the politicization of the federal judiciary, put the power of nomination or management somewhere else. That will surely not be Congress, which is far more political than the executive branch.

So go right ahead. Pretend that you are shock shock shocked to find politicization in this establishment, and then get over it. You won’t be able to offer a better solution, since the system we have now serves the nation’s interest very well.

[tags]alberto+gonzales, prosecutors, federal, fired, judiciary[/tags]