The Holder Years and The Perils Of Politics Over Principle In Government

holderericBelow 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.

392 thoughts on “The Holder Years and The Perils Of Politics Over Principle In Government”

  1. Nick, Olly, Paul,
    I’ve asked Professor Turley via the civility rule thread if it would be possible for blog participants who have developed off topic interests to be able to petition him to have their email addresses safely provided to other specified users by back channel. I await his response. it would be one way to enjoy the camaraderie of their company via a non thread line.

  2. Nick,
    They are a bookend team. Once a player has value they are traded for pitching to offset the loss of offense. They may then sign that once great player late in their career for marketing value. Hence the bookend moniker.

  3. Olly, The Padres have horseshit ownership. But, I love Petco Park. You’re correct, they need a team. Good pitching but NO OFFENSE. NONE, NADA.

      1. Why can Paul use this language and I can’t?

        Another question, why does someone get to call a former First Lady a whore?

        Sent from my iPhone

        >

        1. R – I can use it because it is NOT one of the words stopped by WordPress. You can use it as well. I was riffing off what Nick had said, using the same word.

  4. Anonymously Your 1, September 28, 2014 at 3:22 pm

    I’m not sure how the snide deflection addresses my request. But it is in line with my experience with your other comments

  5. Bad Jay has appeared. JT is crying in his beer. Tough loss for the Bears approaching.

  6. Olly, I didn’t know you were a Gopher!! I would have loved to have seen a game @ the Met. I was living in KC when they built the HybeyDome. I’ve been to 26 MLB ballparks and I was going to see the Royals last series against the Twins but work duty called. Great Twins and Vikings teams played in that stadium. The Dome was a travesty. I saw the Kirby Puckett Game 6 World Series walk off homer in that Dome, loudest place I’ve ever been.

  7. Lee:

    “And definitely not on whether their politics align with our own.” This was in reference to separating our own political agenda from right and wrong, not the reasons why people voted for them in the first place. In other words, when judging an action to be lawful or unlawful, ethical or unethical, the political advantages should be irrelevant.

    And I don’t mind about the quotes. I’d be lost without spell check, and my own grammar on the fly is often spotty.

    What I find tedious is the ubiquitous excuses, especially blaming Bush, for every Obama WH scandal, that pop up on this blog, and elsewhere in the media. Obama inherited his problems from Bush has been an excuse worn so thin as to be invisible by now. Obama, Holder, Lerner, et al are all responsible for their own actions, and for how they responded to situations.

  8. Wow! “Dear Judge, I’m an idiot consumer and I want you to protect me from myself”.

    I refuse to ever purchase a SD Padre ticket again until they prove they have more entertainment value than their Single-A team; Lake Elsinore Storm.

  9. Anonymously Your 1, September 28, 2014 @ 1:42 pm
    ‘… Repigs are now attacking Clintons granddaughter, will they not stoop to anything…’

    Show me some of your street credit and resurrect from the archives a similar expression of outrage when Palin’s family was being savaged. I have no idea what your nom de plume was at that time.

    And where are all the other bastions of fairness in decrying your characterization(s)? I admit I don’t follow many threads but in those that I have, I have yet to find one where you’ve added anything of substance to the conversation other than vitriolic name calling and generalized, snide comments.

  10. Paul,
    Arnold is as much a Republican as Franken is a Democrat or Sanders is an Independent. Those labels are merely tickets into the dance.

  11. Screwing the public? Are you talking about publically subsidizing sports teams or selling a crappy product people voluntarily choose to purchase? 😉

  12. I’d take free tickets to Lambeau anytime and in any weather. The tailgating must be awesome. I remember those days at the old Met Stadium in Bloomington, MN.

  13. The Viking were an advanced civilization. They had hierarchy that was respected…

  14. Voting is the democratic thing to do…. Surpressing voters that’s thr GOP thing to do… You see the democrats are blameless…..

    1. Olly – some guy sued claiming his team did not qualify as a ‘professional’ team and he was being sold tickets to an inferior product. The courts held that professional only meant they were being paid for it.

      The answer to your questions is yes.

  15. Ouch! My daughter married into a Vikings family. I have taken her husband, father-in-law and brother-in-law to 3 Viking games @ Lambeau, they’ve yet to see a win. The Vikings owner has a place in Pacific Beach. I see him strolling the boardwalk. I’ve chatted w/ him about the Vikings. Seems like an amiable chap.

Comments are closed.