Impeach Sam Alito

Well, that didn't take long.

Supreme Court Justice Samuel Alito hadn't even had his formal investiture ceremony when he announced the hiring of Adam Ciongoli as one his law clerks.

Adam Ciongoli will leave a top legal job at Time Warner in New York to clerk for Justice Alito through the end of the current Supreme Court term.

Why would a highly paid corporate lawyer in New York City move to Washington to take a job typically held by fresh-out-of-law-school rookies?

There's always a reason.

In this case, the reason may have something to do with Mr. Ciongoli's past employment and the Supreme Court's upcoming cases.

Mr. Ciongoli, described by the AP's Gina Holland as "a one-time confidant of former Attorney General John Ashcroft," worked in the Justice Department from 2001 to 2003 and was involved in the post-9/11 policies that are now under review by the Supreme Court. For instance, the justices are about to hear an appeal from terror suspect Jose Padilla, an American citizen who is challenging the president's power to have him picked up and held for an extended period without charges or access to an attorney.

There likely will be other questions before the Supreme Court involving challenges to the White House's various privilege claims and power grabs. And Mr. Ciongoli will be right there inside the building to give everybody in the administration a quiet heads-up on where they stand at all times. Think how much easier it will be for the solicitor general to tailor the White House briefs and oral arguments once they know exactly what the justices think about all the key issues.

Is it ethical for a former Justice Department lawyer to participate in the Supreme Court's review of the Justice Department's actions when he was employed there?

If these people worked on Wall Street, Eliot Spitzer would be all over them like a cheap suit.

What does it say about Justice Samuel Alito that he would permit a former Justice Department lawyer to come to work for him as a clerk under these circumstances?

Assuming he's not a fool, it says he believes so strongly in the importance of unrestrained executive power that he is willing to do whatever it takes to keep anyone from interfering with the president's decisions.

The thing is, he took an oath to uphold the Constitution. And the whole purpose of the Constitution is to restrain the power of the federal government generally and everyone who works in it specifically. There's no use parsing the document for ambiguous words and phrases that can be interpreted to permit unlimited power. The whole thing prohibits unlimited power.

This is true even in time of war. Perhaps especially in time of war. And speaking of war, the Constitution does not permit the president to decide when we are at war and when we are not. Congress is not a decorative accessory to be pushed aside when serious work needs to be done.

In fact, the Constitution gives Congress the power to impeach and remove the president, the vice president, all civil officers of the United States, federal judges, and the justices of the Supreme Court.

Why?

Because Congress directly represents the people of the United States, and this government exists by consent of the governed.

If Justice Alito has intentionally hired a Justice Department mole to clerk for him, if he intends to tilt the playing field in favor of limitless power for the executive branch, Congress could have a surprise for him.


Copyright 2006