baitstealer
11-03-2010, 05:48 PM
How about this for mis-use of justice? Then they just sweep it under the carpet
November 2, 2010
Senator presses for explanations on NOAA 'reassignments' (http://www.gloucestertimes.com/topstories/x603543554/Senator-presses-for-explanations-on-NOAA-reassignments)
By Richard Gaines Staff Writer (http://www.gloucestertimes.com) The Gloucester Daily Times (http://www.gloucestertimes.com) Wed Nov 03, 2010, 12:12 AM EDT
Asserting the authority of a congressional committee, U.S. Sen. Olympia Snowe, R-Maine, has demanded a "privileged" explanation from the executive branch for the rationale behind the decision to reassign rather than punish top federal fisheries law enforcement officers found to have abused their authority in actions against fishermen.
A Maine Republican, who is the ranking member of the Senate Oceans, Atmosphere, Fisheries and Coast Guard subcommittee, Snowe invoked what she described as the "statutory authority" of a congressional committee with jurisdiction over an executive agency to require an explanation for the agency's actions in privileged communication to the committee.
Those targeted actions are decisions made earlier this year reassign rather than discipline Dale J. Jones, the former longtime chief of law enforcement for the National Oceanic and Atmospheric Administration, and Charles Juliand, the former longtime senior attorney in the Gloucester Office of General Counsel for Enforcement and Litigation.
Both officials were featured in criticisms of NOAA law enforcement actions by the Commerce Department inspector general, who painted a picture of of the agency's systematic abuse of authority in case-making against fishermen.
"NOAA has a responsibility to explain its decision to retain these individuals on the federal payroll in spite of clear, confirmed violations of public trust as detailed in reports released by the Inspector General and in testimony by the Inspector General before various Congressional Committees," Snowe wrote to Locke.
"While the law prevents NOAA from releasing much of this information to the general public, the agency must, by law, provide its rationale to a Congressional Committee with jurisdiction over its activities," the letter continued.
Snowe's letter was sent to Commerce Secretary Gary Locke last Friday.
"We are preparing a response to Sen. Snowe's request," Locke's spokeswoman, Shannon Gilson, said Tuesday night. "We take all allegations of employee misconduct very seriously, and we thoroughly investigate the circumstances to determine what action should be taken."
"Upon receipt of the Department's response," Snowe's letter continued, "I pledge I will do my utmost to ensure that justice is done and those responsible for the litany of horrific abuses of power and draconian enforcement tactics uncovered by the Inspector General face appropriate consequences."
Last week, Sens. John Kerry and Scott Brown — together with Congressmen Barney Frank and Bill Delahunt, all of Massachusetts — also requested an explanation for the decisions to reassign Jones and Juliand.
Jones was reassigned as a fisheries analyst and Juliand from law enforcement to the Gulf of Mexico for cases emanating from the BP Horizon oil spill.
Echoing the theme of her questioning of Jane Lubchenco, at her confirmation hearing in January 2009 as NOAA administrator, Snowe told Locke that "systematic mismanagement of law enforcement operations has adversely affected NOAA's ability to regulate fisheries by driving a wedge between regulators and industry members."
When Lubchenco came before the Senate Committee on Commerce Science and Transportation, Snowe invited Lubchenco, an academic scientist and officer in the Environmental Defense Fund, to comment on Snowe's observation that the relationship between regulators and regulated in fishing had become extremely "polarized."
"It appears to be a seriously dysfunctional relationship," Lubchenco responded. She pledged to begin rebuilding the trust, but instead has proven to be a polarizing figure through her push — backed by the Environmental Defense Fund — to convert the nation's fisheries into commodity markets based on fishermen's "catch shares" that can be bought, sold or traded among fishermen, fishing businesses — our outside investors.
In recent months, as the IG removed the veil from the law enforcement system at NOAA, Lubchenco has been seen less and Locke has stepped up to conduct productive discussions with the congressional advocates of the industry.
November 2, 2010
Senator presses for explanations on NOAA 'reassignments' (http://www.gloucestertimes.com/topstories/x603543554/Senator-presses-for-explanations-on-NOAA-reassignments)
By Richard Gaines Staff Writer (http://www.gloucestertimes.com) The Gloucester Daily Times (http://www.gloucestertimes.com) Wed Nov 03, 2010, 12:12 AM EDT
Asserting the authority of a congressional committee, U.S. Sen. Olympia Snowe, R-Maine, has demanded a "privileged" explanation from the executive branch for the rationale behind the decision to reassign rather than punish top federal fisheries law enforcement officers found to have abused their authority in actions against fishermen.
A Maine Republican, who is the ranking member of the Senate Oceans, Atmosphere, Fisheries and Coast Guard subcommittee, Snowe invoked what she described as the "statutory authority" of a congressional committee with jurisdiction over an executive agency to require an explanation for the agency's actions in privileged communication to the committee.
Those targeted actions are decisions made earlier this year reassign rather than discipline Dale J. Jones, the former longtime chief of law enforcement for the National Oceanic and Atmospheric Administration, and Charles Juliand, the former longtime senior attorney in the Gloucester Office of General Counsel for Enforcement and Litigation.
Both officials were featured in criticisms of NOAA law enforcement actions by the Commerce Department inspector general, who painted a picture of of the agency's systematic abuse of authority in case-making against fishermen.
"NOAA has a responsibility to explain its decision to retain these individuals on the federal payroll in spite of clear, confirmed violations of public trust as detailed in reports released by the Inspector General and in testimony by the Inspector General before various Congressional Committees," Snowe wrote to Locke.
"While the law prevents NOAA from releasing much of this information to the general public, the agency must, by law, provide its rationale to a Congressional Committee with jurisdiction over its activities," the letter continued.
Snowe's letter was sent to Commerce Secretary Gary Locke last Friday.
"We are preparing a response to Sen. Snowe's request," Locke's spokeswoman, Shannon Gilson, said Tuesday night. "We take all allegations of employee misconduct very seriously, and we thoroughly investigate the circumstances to determine what action should be taken."
"Upon receipt of the Department's response," Snowe's letter continued, "I pledge I will do my utmost to ensure that justice is done and those responsible for the litany of horrific abuses of power and draconian enforcement tactics uncovered by the Inspector General face appropriate consequences."
Last week, Sens. John Kerry and Scott Brown — together with Congressmen Barney Frank and Bill Delahunt, all of Massachusetts — also requested an explanation for the decisions to reassign Jones and Juliand.
Jones was reassigned as a fisheries analyst and Juliand from law enforcement to the Gulf of Mexico for cases emanating from the BP Horizon oil spill.
Echoing the theme of her questioning of Jane Lubchenco, at her confirmation hearing in January 2009 as NOAA administrator, Snowe told Locke that "systematic mismanagement of law enforcement operations has adversely affected NOAA's ability to regulate fisheries by driving a wedge between regulators and industry members."
When Lubchenco came before the Senate Committee on Commerce Science and Transportation, Snowe invited Lubchenco, an academic scientist and officer in the Environmental Defense Fund, to comment on Snowe's observation that the relationship between regulators and regulated in fishing had become extremely "polarized."
"It appears to be a seriously dysfunctional relationship," Lubchenco responded. She pledged to begin rebuilding the trust, but instead has proven to be a polarizing figure through her push — backed by the Environmental Defense Fund — to convert the nation's fisheries into commodity markets based on fishermen's "catch shares" that can be bought, sold or traded among fishermen, fishing businesses — our outside investors.
In recent months, as the IG removed the veil from the law enforcement system at NOAA, Lubchenco has been seen less and Locke has stepped up to conduct productive discussions with the congressional advocates of the industry.