Thursday, August 02, 2007
Editorial: Justice v. justice in Western Virginia?
The Roanoke-based U.S. attorney's story demonstrates the need to protect the duties of the office from raw politics.
From the RoundTable blog
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In John Brownlee's time thus far as U.S. attorney for Western Virginia, his investigation and prosecution of Purdue Pharma for overselling an addictive painkiller stands as his most noteworthy success.
His office wrested a guilty plea to one felony count from the company that makes OxyContin, plus the manufacturer's agreement to pay $634.5 million in fines. Three former Purdue Pharma executives pleaded guilty to misdemeanors.
The deal drew criticism from different quarters as either too light or too harsh. But Brownlee distinguished himself in pursuing a criminal case against a part of the powerful pharmaceutical industry for inappropriately marketing a legitimate painkiller that is easily abused -- sometimes to lethal effect.
It was a case that pitted a politically well-connected special interest against an interest in public safety -- just the sort of case that depends on a prosecutor's professional judgment, free of pressure from political appointees.
How dismaying, then, to find that a high-ranking Justice Department official contacted Brownlee and tried to pressure him to slow things down the night before his office and Purdue Pharma finalized the deal.
How disturbing to learn that, just days after he disregarded that call from Washington, Brownlee's name was added -- temporarily, it turned out -- to a department hit list of federal prosecutors to be fired.
The call had come from Michael Elston, who resigned in June after being caught up in the controversy over the Bush administration's political firings of nine U.S. attorneys last year. Elston had been the chief of staff to Deputy Attorney General Paul McNulty, who also has resigned, effective Friday.
Elston's lawyer says there was no connection between Brownlee's decision and the notice the prosecutor received -- after he was asked to back off but before the company entered its plea -- that he was on a list of U.S. attorneys to be considered for dismissal. Brownlee testified before the Senate Judiciary Committee Tuesday that he had no direct knowledge of a link.
But he was disturbed enough to contact Justice Department officials. He had every reason to expect the support of the department's career professionals. Brownlee said he had never had a negative performance review. And the department's criminal division had signed off on the Purdue Pharma plea agreement before Elston called.
U.S. attorneys are appointed by the president. Politics always plays a role in the selections. Playing politics with the duties of those thus chosen, though -- that is something different. The danger should be evident in Southwest Virginia, where OxyContin addiction has taken such a toll.
