I received this today as commentary on the news report of the DOJ’s problems recently posted. -GFS
Last week's widely publicized report of
widespread prohibited personnel practices (PPP's)
in politicized hiring practices in Department of
Justice (DOJ) in 2002 and 2006 was silent to some key points including:
1) What steps will be taken to restore the
scores of victims - the highly qualified
applicants for career positions in Justice Dept.
who were "de-selected" for unlawful reasons?
2) Why did the agency which is supposed to be
primary bulwark for protecting federal employees
and applicants for federal employment from
PPP's - the US Office of Special Counsel (OSC) - fail so utterly?
3) Why were the "special studies" conducted by
the Merit Systems Protection Board (MSPB),
intended to determine if federal employees and
applicants for employment are adequately
protected from PPP's, fail to identify the widespread PPP's in DOJ?
I contend that OSC which should be, relatively
speaking, the most essential anti-corruption
agency in US Government, is likely a most corrupt
and corrupting one in our government. I contend
OSC's corruption and widespread corrupting
influence stems primarily from its now
30-year-old bizarre, self-nullifying,
misinterpretation of what is now 5 U.S.C.
§1214(e) - that its requirements to report OSC's
determinations of violations of "any"
non-criminal laws, rules, and regulations - does
not apply to the laws, rules, and regulations
under OSC's investigatory and enforcement jurisdiction.
As a result of its bizarre, self-nullifying
30-year old misinterpretation of this key law,
OSC has no objective nondiscretionary duty to the
federal employees who seek its protection from
PPP's. its key non-discretionary duty to those who seek its protection.
MSPB has played an essential role in OSC's
corruption and corrupting influence by its
30-year-old misinterpretation of 5 USC 1204(a)(3)
by which its "special studies" - intended to
determine if federal employees and applicants for
employment, in every federal agency, are being
adequately protected from PPP's - do not have to consider that topic.
Neither MSPB nor OSC have inspector generals, so
there is no internal check on their
misinterpretation of these key laws. However,
the DOJ Office of Legal Counsel ((OLC)is able to
review these interpretations, if directed by the
proper authority in DOJ to do so.
My recent, extensively documented, letter to
Attorney General Mukasey, requesting him to
direct OLC to conduct such a review, is posted online at:
If enough stakeholders to the federal civil
service and its merit system principles express
support for this request, I am confident that
these 30 year-old misinterpretations of law,
which has resulted in immense, possibly
irrecoverable, harm to our Country will be exposed and corrected.
Joe Carson, PE