I received this today as commentary on the news report of the DOJ’s problems recently posted.  -GFS

 

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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:

 

<http://whsknox.blogs.com/osc/2008/06/attorney-gene-1.html&gt;.

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.

 

Respectfully,

 

Joe Carson, PE

Knoxville, TN

 

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