Bolstering Trust in a Nation Governed by Law, Protected by Merit
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The prompt for this round of the FEDforum is ongoing operations. This week, hear from the National Association of Assistant U.S. Attorneys (NAAUSA).
In the decades since September 11, 2001, the criminal jurisdiction of the federal government has expanded to combat the transnational distribution of illicit drugs, domestic and foreign terrorism, illegal use of firearms and explosive devices, and complex financial crimes. As criminal enterprises grow in reach and intricacy, federal law enforcement has had to grow in skill and expertise to combat these crimes.
For many years, Assistant U.S. Attorneys (AUSAs)–our nation’s frontline federal prosecutors–served only as long as their politically appointed U.S. Attorney. This meant every four years AUSAs adopted caseloads of ongoing prosecution with which they had no expertise and personal knowledge. This disruption damaged the continuity of investigations and prosecutions, both civil and criminal.
In 1990, with the passage of the Civil Service Due Process Amendments, Congress provided Assistant U.S. Attorneys–our nation’s frontline federal prosecutors – merit protections. Immediately, the length of service by AUSAs increased. In 1992, AUSAs stayed in their U.S. Attorney Office for an average of seven years. By 2006, AUSAs averaged 11 years in their U.S. Attorney Office. By creating a strong career cadre of federal prosecutors with deep knowledge of the law and immunity from political retaliation, justice could be administered more effectively, efficiently, and equitably. Federal prosecutors and civil attorneys were no longer beholden to political will, but to the law. And this provided them the latitude to develop the expertise necessary to combat growing criminal enterprises.
The 1990 Amendments to the Civil Service Reform Act (CSRA) of 1978 (P.L. 93-454) made AUSAs are eligible for merit system protections. The CSRA establishes a system that protects the American people from governmental abuse by requiring government personnel be hired based on merit and establishing a system where attempts to improperly administer government services are rapidly addressed.
These protections ensure that only qualified AUSAs are assigned to handle federal criminal and civil cases. It further ensures that termination is limited to incompetence, not for refusing to fulfill political demands or other prohibited personnel practices. Investigations and prosecutions should never be influenced by politics. While politics may have a role in big picture policy setting and resource prioritization, it should never have a role on the front line.
In recent weeks, our nation has been racked by accusations of political interference in the investigation process. We have seen how these accusations can diminish trust in the justice system. However, if there is a legitimate claim of political interference, the American people can rest assured that a rigorous and well-enforced process within our federal government will handle these claims and protect whistleblowers who raise them. Front line federal employees are barred by law from acting based on politics and the government has an independent system, established in the CSRA, for investigating employees who violate the law.
That is why maintaining the merit system in the career workforce is so important: it safeguards the apolitical administration of federal laws and fosters trust between the people and their government that accusation of political interference will be handled appropriately. If a president can unilaterally reclassify employees out of the career, merit system and strip them of their protections, there is no longer a safeguard against political interference. A president could simply fire a prosecutor who refused to take a case and hire one that will act based on the president’s demands. Justice should not be administered in this manner. It contradicts our founding principle that we are a nation of laws, not people.
To maintain the current system of federal justice, the National Association of Assistant United States Attorneys (NAAUSA) supported the passage of the Preventing a Patronage System Act (H.R. 302) in the House of Representatives. H.R. 302 prevents the President from unilaterally transferring employees out of the merit system, thereby stripping employees of their merit protections.
Our justice system cannot function effectively when front line law enforcement is influenced by politics. The Preventing a Patronage System Act aims to protect the apolitical and expertise driven administration of justice, a cause taken up by AUSAs across the nation each day.
This column from the National Association of Assistant U.S. Attorneys (NAAUSA) is part of the FEDforum, an initiative to unite voices across the federal community. The FEDforum is a space for federal employee and law enforcement groups to share their organizations’ initiatives and activities with the FEDagent audience.
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