I think Jonah’s point is best illustrated by the subpoena controversy. Congress should not issue subpoenas to Karl Rove and Harriet Miers because the main point there is to inquire into whether the White House “meddled” politically in the firings of the U.S. attorneys. Since the decision to nominate or fire a U.S. attorney is, in fact, an inherently political judgment that can only be made by the president, this is a silly inquiry.

To the contrary, congressional oversight of the Justice Department in general, and representations by Justice Department officials to Congress in particular, are a very big deal. Indeed, the credibility of all lawyers attached to the Justice Department is of enormous importance. Thus, there is not even a peep of protest — and there shouldn’t be — about the two Judiciary Committees’ demand for testimony from top Justice Department officials. You can argue about whether Congress here is motivated by politics or bonafide good-governance concerns; but you can’t credibly contend that Congress is not within its rights to inquire into how the Justice Department is being run and to expect adequate preparation and candor from any DOJ officials who testify or otherwise provide information.

Not only Congress but the federal courts rightfully expect that the Justice Department will be rigorously honest in its dealings with the other branches, the defense bar, and the public. They expect the Justice Department to argue its positions zealously, but to be completely candid about the facts being argued about … no matter how unflattering they may be. So, for example, the Justice Department has a constitutional and ethical responsibility in criminal cases to disclose exculpatory information to the defense. Naturally, the courts and the defense lawyers do not know what may be in confidential government investigative files. The whole system depends on the trust of all the participants that the Justice Department will undertake to locate and reveal relevant information — even if the disclosure will cast the case or the Department itself in a poor light.

That is why I’ve always thought representing the United States as a lawyer is the greatest job on the planet. No one gives you a medal for having integrity; it is assumed you have it or you wouldn’t be there. It is a standard to which the Justice Department and United States Attorneys Offices have held themselves throughout the years, no matter who was in charge. When people fall short of that standard, they tend not to last very long.