Don't emulate French justice

It would shock my friends to know there is a case in which we should emulate the French: the food. It tastes great, and the French have low rates of obesity. We would do well to examine why. However, we should not, as the Democrats advocated this week in the wake of the U.S. attorney "scandal," emulate the French system of criminal justice. And yet, that is where this current brouhaha could take us by removing the presumption that presidents should be able to hire and fire prosecutors at will.

There is a technical and legal issue here worth mentioning. The Patriot Act changed the way acting U.S. attorneys are appointed. Previously, acting U.S. attorneys were appointed by district judges. Under the new rules, the attorney general appoints interim U.S. attorneys. The Patriot Act also allowed for replacement of U.S. attorneys on an "acting" basis; that is, without Senate confirmation. This was not controversial when the change was made because the prior practice had the judiciary acting in an executive capacity. The question, rightly asked, was: "Should judges appoint the very prosecutors who appear before them?"

But the real problem here appears to be the position of the Justice Department, articulated in an e-mail from Utahn Kyle Sampson, urging the attorney general to use the new powers in the Patriot Act. The response by Congress has been quick and clear: "If you abuse it, you lose it." Legislation to revert to the old practice has passed both Houses, and the president has indicated he will sign it.

I think the better process is for the president to appoint. But since a judge's appointee can be immediately dismissed, the system will have balance.

So, was something nefarious done? The plain answer is we don't know yet. The administration has given the Congress access to vast written communication and offered interviews with key players. For the Democrats to push for subpoenas is to prolong a painful process — one I am convinced is at odds with what the American people want.

Maybe the Democrats have secret information that they want to get out in the most public manner, and so they've raised the stakes. Americans should punish them if they flop.

This process also raises some new questions. Who owns an e-mail written by a White House official sent to another using a personal e-mail account? Should U.S. attorneys hold their jobs for life? Should we make it hard for any president to fire them? Do we want the president to have the best advice possible or chill frank counsel because of the threat that the advice could become public? Is it proper for U.S. attorneys, like David Iglesias, to violate the rules of his office, then attempt to comply through the media instead of directly informing his superiors?

The French have great food. But before we go emulating the French, remember that prosecutors are no more perfect than presidents. Lest we forget, the case against the Olympic organizers was dismissed by the judge at the end of the prosecution's case without the need for a defense. Prosecutors make mistakes. Let's make sure we at least have them going in the right direction.

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Republican Chris Cannon represents Utah's 3rd Congressional District. He is the brother of Deseret Morning News editor Joseph A. Cannon.