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Jun 25, 2008


Joe Carson

When the gov't creates investigatory agencies with varying exclusive jurisdictions for personnel issues, this kind of cross-investigating is possible.

The DOJ report is silent to fact that dozens of identifiable people were harmed by DOJ lawbreaking in not hiring them for prohibited reasons. OSC and/or MSPB are the agencies charged with responsibility for the laws DOJ broke and that share mandate that those people be restored from the impacts of DOJ lawbreaking, as the law allows.

Kasey Dunton at GAP is giving, at Tom Devine's direction, a close examination of my claims of 30 year-long OSC/MSPB lawbreaking with key aspects of their non-discretionary duties to protect feds from PPP's. As you know, I contend it iis this 30 year-long OSC/MSPB lawbreaking that was essential to the way Bush Admiinistration politicized DOJ.

Given this 30 year-long lawbreaking (OSC claiming that 1214(e) does not apply to laws, rules, and regulations under its enforcement jurisdiction and MSPB claiming that 1204(a)(3) does not require it to do "special studies" that addressed whether feds were adequately protected from PPP's), the surreal at OSC becomes only too understandable - we have an enormously corrupt and dsyfunctionas federal civil service - at DOJ, at OSC, at MSPB, at other agencies, because the "immune system" of the federal civil - OSC protecting feds from PPP's - has been broken for 30 years by OSC's bizarre, self-nulliyfing interpretation of what is now 1214(e) since 1978 and MSPB has enabled it by its bizarre, self-nullifying interpretation of what is now 1204(a)(3) during that time.

DOJ is corrupted because of OSC lawbreaking; OSC is corrupted because of OSC lawbreaking, which DOJ - now this is *really* surreal - defends in case after case of Carson v. OSC. So they investigate each other's corruption because they have cross-cutting jurisdictions.

Joe Carson

Joe Carson

The DOJ report is completely silent about options to redress the tangible wrong done to the dozens of identifiable candidates who are victims of DOJ prohibited personnel practices (PPP's) - they were "de-selected" from being offered career jobs at DOJ for prohibited, partisan, reasons.

These people can, and should, seek redress, which could include back-pay to the time they should have been hired, by filing PPP complaints with OSC or filing appeals at MSPB seeking their re-instatement to positions at DOJ. But, by the "election of remedies" they cannot do both.

Additionally, OSC has the authority, independent of receiving any PPP complaint, based on the DOJ report, to open an investigation of these PPP's at DOJ and seek corrective action on behalf of those harmed as well as disciplinary action against any involved DOJ employees still employed at DOJ.

As its name states the "Department of Justice" should be taking active steps to provide some measure of justice to the specific victims of its lawbreaking in not hiring them for prohibited reasons.

Joe Carson, PE
Chair, OSC Watch www.oscwatch.org

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