Injustice

Justice Department's Independence 'Shattered,' Says Former DOJ Attorney

by Tony Mauro
Legal Times via TPM

Since the day he arrived at the Department of Justice in February 2005, Attorney General Alberto Gonzales has "shattered" the department's tradition of independence and politicized its operation more than any other attorney general in more than 30 years.

So says Daniel Metcalfe, a senior attorney at the department who retired in January, before the current controversy over the firing of U.S. Attorneys erupted. He views the episode as an "awful embarrassment" that has only worsened already-low morale at the department, especially among career attorneys.

Metcalfe, 55, served most recently as director of the Office of Information and Privacy. He co-founded the office in 1981 with Richard Huff. But his career at the department began in 1971. He started as an intern, working at the department full-time while attending law school at George Washington University. Later, he worked as a trial attorney in DOJ's Civil Division before founding OIP.

At that office, Metcalfe oversaw Freedom of Information Act policy throughout the executive branch. He gained a reputation as a principled official who would adhere to the policies of whichever administration he served, but not at the expense of following the letter and spirit of FOIA. "Dan earned great respect for the policies he helped form, even though they sometimes put him at odds with access advocates," says Paul McMasters, the recently retired First Amendment ombudsman at the Freedom Forum. Metcalfe plans to begin teaching law in coming months.

In interviews in person and by e-mail with Legal Times Supreme Court correspondent Tony Mauro, Metcalfe recently detailed his views about Gonzales and the politicization of the department, as well as information policy. The transcript follows.