Informed Speculation

It’s an early test of whether we will see new leadership or the same ol’ interest-group beholden Democratic Party:

With majority status in the “people’s house” comes a share in responsibility for the security of the Republic. This is why we are so concerned about a shadow which darkens presumptive Speaker Pelosi’s triumphant morning, a shadow which will only grow longer if she allows it to begin appearing prominently in the media coverage of the global war on terrorism, metastasizing into her first “intelligence failure” even before she takes the gavel from outgoing Speaker Hastert. That is the shadow of Alcee Lamar Hastings, the reelected Democratic Representative from Florida’s 23^rd District.

Mr. Hastings was, in the outgoing 109^th Congress, the second-ranked Democrat on the House Permanent Select Committee on Intelligence. But the Washington Post’s Charles Babington first reported more than a year ago, in a story that has never been denied (indeed, it has been confirmed in the congressman’s hometown newspaper, the Miami Herald) that Ms. Pelosi plans to replace the committee’s current ranking Democrat, California Representative Jane Harman, with Mr. Hastings who would be installed as committee chairman when the 110^th Congress begins. The move would be a payback to the Congressional Black Caucus, to whose support Pelosi owes her election as Minority Leader and whose members she angered by picking Ms. Harman to be ranking member over Georgia Rep. Sanford Bishop in 2003. The incoming Speaker must also mollify the Black Caucus for having pushed Louisiana Rep. William Jefferson (he of the frozen cash) off the Ways and Means Committee.

We have difficulty accepting that Mr. Hastings has been allowed by Ms. Pelosi to venture anywhere near national security matters, much less onto a field as vital as the Intelligence Committee, which exercises oversight of organizations ranging from Central Intelligence Agency to the U.S. Marine Corps Intelligence Department, including the Defense Intelligence Agency and the National Security Agency. That Mr. Hastings is employed by the United States of America, and is not a guest a federal penitentiary, is itself cause for wonder.

Mr. Hastings’s own website says this about his pre-Congressional background: “Known to many as ‘Judge,’ Congressman Hastings has distinguished himself as an attorney, civil rights activist, judge, and now Member of Congress. Appointed by President Carter in 1979, he became the first African-American Federal Judge in the state of Florida, and served in that position for ten years.”

What this autobiography omits are the reasons Hastings’ judicial tenure, normally a life appointment, was cut short after only a decade. Barely two years into office, “Judge” Hastings accepted a $150,000 bribe in exchange for giving a lenient sentence to two swindlers, then lied in subsequent sworn testimony about the incident. The case involved two brothers, Frank and Thomas Romano, who had been convicted in 1980 on 21 counts of racketeering. Together with attorney William Borders Jr., Hastings, who presided over the Romanos’ case, hatched a plot to solicit a bribe from the brothers. In exchange for a $150,000 cash payment to him, Hastings would return some $845,000 of their $1.2 million in seized assets after they served their three-year jail terms.

Taped conversations between Hastings and Borders confirmed that the judge was a party to the plot. Hastings was also criminally prosecuted for bribery, but his accomplice Borders went to prison rather than testify against him. Hastings was acquitted thanks to Borders’ silence. [Borders was then pardoned by President Clinton, confirming the wisdom of his refusal to testify. In a remarkable display of chutzpah, Borders then applied for reinstatement to the District of Columbia Bar, claiming that Clinton's federal pardon eliminated his local disbarment. The U.S. Court of Appeals for the D.C. Circuit did not agree, and the U.S. Supreme Court refused to hear his appeal. To former D.C. delegate Walter Fauntroy, Borders' case had a spiritual quality to it. "Being pardoned by the president is like being pardoned by Jesus," Fauntroy sermonized. Thankfully, the Supremes evidently disagreed with this "theology."]

“Be assured that I’m going to be a judge for life,” Mr. Hastings told reporters in 1983 after his acquittal. But the arguments that swayed a Miami jury did not sway the Congress. The Democrat-controlled House of Representatives impeached Hastings for bribery and perjury by a lopsided vote of 413 to 3. Then the Democrat-controlled Senate convicted him on eight articles of impeachment by well over the required two-thirds majority in 1989. Thus Mr. Hastings became only the sixth judge in the history of our Republic (and only the third in the 20^th Century) to be removed by Congress. He was, and is, an utter disgrace to the nation and to the legal profession. Among those voting to impeach him were Ms. Pelosi herself, Maryland Rep. Steny Hoyer, the Democratic whip who is likely to become the new House majority leader, and Mr. Hastings’ fellow African-American Congressman, Michigan’s John Conyers, who took pains to deny that race had anything to do with the removal of the bribe-taking jurist.

And yet this man is in line to head the Intelligence Committee over the serious and competent Jane Harman…as the result of an explicitly racial quid-pro-quo…that’s not going to cut it, Speaker Pelosi.

You’ve been give a position of great leadership…fill it like a great leader…