Below is my column on the resignation of Eric Holder as United States Attorney General. For civil libertarians, Holder’s tenure as Attorney General under President Obama has been one of the most damaging periods in our history with a comprehensive attack on various constitutional rights and principles from free speech to the free press to international law. In recent polling by NBC and the Wall Street Journal, Holder was the second most unpopular government official after the positively radioactive Arizona Sheriff Joe Arpaio.
As someone who previously called for Holder’s firing after the investigation of various journalists under national security powers, I am hardly one who can offer congratulatory sentiments for such a record. However, much like President Obama, one has to wonder what could have been if Holder had chosen a more principled and less political approach to his office. Holder is resigning the same week that a federal judge ordered the release of “Fast and Furious” documents after the Justice Department was accused of a pattern of delay and obstruction. Holder was previously held in contempt by Congress for his withholding documents and conflicting accounts to an oversight committee looking into the scandal. Indeed, Holder was looking at an even more aggressive period with the possible loss of the Senate and increased GOP seats in the House.
Ironically, Holder came into office trying to distinguish himself from such disastrous predecessors as Alberto Gonzales but proved no less political or blindly loyal to his own president. Indeed, both men fought aggressively to expand the powers of the presidency and national security laws over countervailing individual rights and separation of powers principles. It will be civil liberties and not civil rights that will be the lasting, and troubling, legacy of Eric Holder. The column is below:
The resignation of Eric Holder as attorney general is an unavoidably symbolic moment for an administration that itself appears to be waning in the final years of a troubled second term. Holder truly personifies an administration of unrivaled ambitions colliding with inescapable realities.
He proved a fierce friend to President Obama, and that loyalty might have worked to the disadvantage of both men. After a series of major court defeats and public controversies, Obama (like President Bush before him) might have been served better by an attorney general who was more detached from him and more attached to the constitutional principles that shape both their offices.
Holder has secured a well-earned position for himself in history as the nation’s first black U.S. attorney general. He is by any means an American success story. The son of a father born in Barbados and raised in New York, Holder used his considerable intellect to go to Columbia University for both college and law school. He was made a judge on the local D.C. court by President Reagan and was appointed U.S. attorney for the District of Columbia by President Clinton, who later made him deputy attorney general.
Holder’s life should be both an inspiration and a cautionary tale for young lawyers. As he ascended into power, Holder became increasingly viewed by critics as a bit too ambitious and political within the Justice Department. That reputation was reaffirmed for many with Clinton’s last-minute pardon of fugitive and major Democratic donor Marc Rich. By any objective measure, Rich was one of the least deserving pardon applicants in history — with 65 criminal counts, from tax evasion to wire fraud to racketeering to illegal trades with Iran. While his companies later pleaded guilty to 35 criminal counts, Rich fled to live the good life in Switzerland. Besides a long list of alleged felonies, Rich had a long list of friends close to Clinton … and Clinton in turn had Eric Holder.
Holder was accused of short-cutting the normal procedures to push through the pardon for Rich. Though he said he was “neutral” on the pardon (which itself is a bit shocking), former FBI director Louis Freeh said the Clinton White House had “used” Holder to keep the FBI and the DOJ from being heard on the pardon.
In his confirmation hearing, Holder promised not to have a repeatof the Rich scandal and not to allow politics to influence his decisions. It was a defining moment and one that Holder would have been wise to work to live up to.
But it did not take long for Holder’s inspiring “Mr. Smith comes to Washington” story to become “all the king’s men.” When the president was confronted with demands to investigate and prosecute individuals for torture under the Bush administration, Holder faced an early test of principle. He failed. The Justice Department blocked any prosecution despite our obligation under international treaties and the president’s (and Holder’s) acknowledgment that waterboarding is clearly a form of torture.
To quote Jerry Maguire, Obama had Holder at “hello” in seeking unbridled presidential authority. Many of the cases that Holder brought and policies that he supported resulted in startling defeats. He lost a series of criminal cases seeking massive reductions in privacy and due process protections for citizens. He unwisely pursued cases such as Canning, where a unanimous Supreme Court curtailed the powers of the president to make recess appointments.
Holder personally announced Obama’s “kill list” policy, in which the president claimed the right to kill any U.S. citizen on his sole authority without a charge, let alone a conviction. Holder’s department used the controversial Espionage Act of 1917 to bring twice the number of such prosecutions of all prior presidents under the Act. Journalists were placed under surveillance in a record that rivaled that of President Nixon. Holder led an appalling crackdown on whistle-blowers. Holder fought to justify massive warrantless surveillance and unchecked presidential authority to attack other countries without congressional approval.
Holder’s continual confrontations with Congress came to a head in a series of scandals, including the “Fast and Furious” controversy in which the government allowed drug gangs to get high-powered weapons in a truly moronic “gun walking” program. In that and other scandals, the administration withheld documents and key witnesses from oversight committees. Holder was wrong and was ultimately held in contempt of Congress.
While Holder can be credited with not shying away from our race conflicts, his actions such as intervening in the Zimmerman case (after the shooting of Trayvon Martin) and the recent Ferguson shooting were viewed by many as premature. His calling the United States a “nation of cowards” on race was a brave but also a divisive moment. In the end, however, his positive work in the area of civil rights will ultimately be eclipsed by his destructive legacy in the area of civil liberties and constitutional government.
The sad truth is that Holder could have been truly great — not simply as the first black attorney general but as a man of principle who stood with the law over politics and friendship. In one of the great lost opportunities in history, Holder will finish his tenure as he began it: a man with great but still unrealized potential.
Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, is a member of USA Today’s Board of Contributors.
http://my.firedoglake.com/wp-content/uploads/2014/09/gonzoholder1.jpg
Where’s Sammie Hensley, mammie sue, Ernestina Frankenfahl it seems I’m hearing an echo, echo, echo…..
Like eyes of the beholder, ears function in a similar manner. They hear what they want to hear.
Even here at JT, accountability is argued with, even as the outcome of civil interaction is recognized in more input, and higher numbers, while some go on and on and on and anon.
Here’s what I don’t understand. When Holder, or any other Liberal, is found to have done grave wrongs, why is there the inevitable, “Yeah, but Bush…” Or “It’s really Bush’s fault because…” Does no one hold these people accountable, all on their own, anymore?
Where’s Sammie Hensley, mammie sue, Ernestina Frankenfahl it seems I’m hearing an echo, echo, echo…..
Thank you Mama!
Where did I EVER say the “Group”?
Annie,
You may need to be honest and tell your kids, “because I’m trying to learn something.”
Annie said:
“You can claim you have a natural right to anything, doesn’t mean you really do. You need to have power to enforce a law (or right) in order to make it become a reality. The power behind making our laws or rights a reality and enforceable is a Sovereign. Our Sovereign is our Representative Democracy. Again this is how I understand it. I could be wrong.”
“A huge mistake people make is not recognizing that WE are (or were, before we became an Oligarchy) the government. A “Popular Sovereignty”. Why do rightists see the government as separate from the People? We can argue that our government no longer is a true Representative Democracy (same thing as a Republic) but that is what we were meant to be.”
“Positive Law comes from people positing what the law should be. The Sovereign is the people. Hence Popular Sovereignty. You still don’t know this or you wish to misrepresent, whatever. I find you to be a dishonest debater when you get your hackles up.”
Oops, was it that I capitalized the “C” in Sovereign Citizen or that I replaced people with citizen that you disagree with?
Dang what a weird day here on this thread.
Perhaps more so for some that others. This is the type of thread I enjoy, for the truth present in comments such as this one by Olly: “Both major parties are enjoying a political trifecta that the framer’s warned us about; an ignorant, apathetic and dependent electorate. So, it’s not an issue of whether they can be principled; it’s that the electorate wouldn’t know if they were, won’t care if they are, as long as they get what they want.”
It cuts through the mammi-sammi dance that passes for some as commentary and hits the heart of the matter, making this blog less weird and more interesting by the day.
http://americanhistory.about.com/od/usconstitution/g/popular_sovereignty.htm
Methinks someone needs some remedial history lessons. Now my kids will say, when I tell hem why I’m late, “Mom why do you waste time with those kinds of people on the Internet?”
OMG, Olly. Are you seriously saying I wold align myself with that right wing loony insurrectionist group? Wow, I think you most certainly SHOULD go find the comment in which you THINK I said ANYTHING about the group Sovereriegn Citizens. Now you’re making me late. Dang what a weird day here on this thread.
Rafflaw,
Prove where big money interests control government; for that matter, prove where ANY special interests controls government and you’ll find where government sets aside their fidelity to the oath of office.
What do you call a politician that ignores the oath of office to profit from insider information, retain power, gain power, grow the bureaucracy, exceed the budget, fund pork barrel projects, “weaponize” government agencies, steal property, abuse civil liberties and so on? I call that a progressive and they are one BIG TENT party of R’s and D’s.
If you need me to go find that comment for you as well then I will gladly do it.
Olly,
And before I go, I never once mentioned Sovereign Citizens. That group aligns with Oath Keepers, NOT Progressives. The Sovereign in Popular Sovereignty is a far cry from Sovereign Citizens.
I’m off to the “collective”, the collection of family and friends that is. 🙂
Olly, you are making absolutely no sense to me today. I’ve got a family function to attend, which is a good thing because I’m not in the mood to be sucked into some surreal debate with you.
That’s it Annie? You asked, I proved it, you denied it and now you accept it, but I’m the one scrambling? Wow, you are so all over the map. Just own your choices and be proud of them. At least that would be honoring principles you believe in; just not the ones aligned with any oath our government representatives take.
Rafflaw this upside down view of Progressivism, sounds like extreme propaganda and indoctrination to me. Makes no sense.
I am not trying to be uncivil here, please note.
Rafflaw,
Just how have the Koch brothers and Adelson used their money to control government?
Olly, just because I align with a Progressive philosophy doesn’t meany YOU have to or anyone else for that matter. You are scrambling today and it’s not attractive.
Olly,
The oligarchs have used money to control the government, not progressive ideas. Just what progressive ideas or ideology have the Koch Brothers used to control an entire political party and parts of another? Just what progressive ideas has Adelson used?
Yeah, Okie Dokie. LOL
Annie,
You have a body of work in this blog that aligns lock-step with the progressive philosophy. Just your denial of the existence of natural rights in the 64% thread would be enough, but to say all our rights come FROM government through the will of Sovereign Citizens sealed it for me. You can deny all you want but it’s all there. Why not be proud of your work?