This afternoon while browsing Goldy's blog, I read an interesting comment on a somewhat related theme:
I’m amazed that more people haven’t picked up on Bush’s attempt at firing the International Boundary Commissioner (even though he has not authority to do so). It’s like watching a train wreck within the Republican Party.
I love train wrecks. But usually only when they involve the current Republican Party.
This particular domestic disaster starts with an elderly wingnut couple with property on the U.S./Canadian Border in Blaine, WA.
This dispute started out small enough. Herbert and Shirley-Ann Leu, elderly residenets of Blaine, Washington, decide to build a concrete retaining wall on their back yard, which is a common feature in this part of the country. The trouble is, their backyard property line is the U.S./Canadian border.
And then:
The International Boundary Commission (www.internationalboundarycommission.org) intervened, saying the wall must come down, as it violates the U.S./Canada treaties of 1908 and 1925 requiring that a 10-foot buffer be maintained on each side of the border.
But then the elderly couple, the Leus, get huffy:
The Leu’s were incensed that the government could tell them what to do on their own property, and retained the Pacific Legal (www.pacificlegal.org), which states on its web site that it is "dedicated to limited government, property rights and individual liberty". In short, it is a right wing/libertarian organization opposed to just about any government regulation of property rights. The PLF filed a lawsuit against the IBC on behalf of the Leus, seeking an injunction preventing the IBC from removing the wall.
To make a long story short(er), Dennis Schornack, the U.S. IBC Commissioner (and Bush appointee) seeks legal help from the State Department (they punt) and then from the Justice Department who is helpful, at least at first:
But then the A.G.’s office in Washington D.C. quickly reverses course. It puts strong pressure on Schornack to "settle the case". But Schornack resists. He feels the law is clear, and it leaves him little discretion in the matter. He also feels that his responsibilities include preserving the integrity of the border to protect the security of the U.S. He points out that if construction is permitted to intrude into the buffer zone, it will facilitate the construction of tunnels and other means to by-pass the customs and immigration checkpoints. Just such a tunnel was discovered and closed down in Blaine only a year or so ago.
Now the plot intensifies, Schornack to this point has been consulting his personal attorney who is in way over his head with this. So Schornack finds and hires a capable, experienced attorney to fight this lawsuit but then a week later Bush fires Schornack.
Only there's a problem:
Schornack responds that he can’t be fired, he is part of an independent international agency, and doesn’t recognize the President’s authority to fire him.
Because?
The International Boundary Commission is an independent international organization created by the 1908 treaty between the U.S. and Canada. One commissioner is appointed by each country, the U.S. commissioner is appointed by the President and reports to the Secretary of State. A commissioner can be removed only by death, resignation, or "other disability"
Let's summarize a little:
Dennis Schornack was appointed by President Bush to his position in 2001 (he assumed office in 2002), and previously headed the Strategic Inititives office of Michigan Governor John Engler, a conservative Republican. Dennis Schornack is therefore probably a Republican.
The Leu’s are probably Republicans, as indicated by their outrage that any law, regulation, or treaty can tell them what they can or can’t do with their own property.
The Pacific Legal Foundation, the organization filing suite on behalf of the Leu's, appears to represent the extreme right-wing of the Republican Party.
The Justice Department under Alberto Gonzales is now about as thoroughly Republican as it can get.
So why would President Bush, who already has more troubles than he has time to put on a list, suddenly add to his troubles the attempted firing of an independent international commissioner over which he has no authority?
The clincher ladies and gentlemen:
Possibly because the lawyher hired by Schornack was John MacKay, who was one of the U.S. Federal Prosecutors forced to resign by the White House this past year????!!!!!!
Dennis Schornack's final comment:
"I'm ashamed of my government...."
First thanks go to rhp6033, a commenter at Horsesass.org, who alerted me to this story.
Many kudos to Rick and his excellent summary. I stole shamelessly from you.
Here's the back story from the local paper.
Update: Many thanks! My first diary to reach the rec list. Joel Connelly (an institution here) of the Seattle PI has more on this.
Update II: Another excellent story from the Bellingham Herald. (h/t VeganMilitia)
Update III: Two more stories from the Detroit Free Press, here and here. w/ pictures of the property and the Leus! (h/t awesley)
Update IV: Wow! This story has legs. One from KOMO TV in Seattle and another from the LA Times! I'm stopping here. Thanks everyone!
Update V: Just one more.. Apparently Rick in Seattle was mistaken when he named John McKay (one of the 8 USA's fired by Bush) as the attorney retained by Dennis Schornack to fight the Leu's lawsuit. Shornack actually hired Mike McKay who is John McKay's brother. Hmmm. I wonder. Did the White House make the same error? (h/t jconan)