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.
@Annie
I hate to hurt your feelings, but if all you ever plan on doing is pulling the “D” lever in every election, it is probably better if you don’t vote. Because you are providing no disincentive whatsoever to a candidate to lie and dissemble.
I am now a Republican, who is going to work for a Democrat. If Hillary doesn’t do her job right, then I will NOT vote for her a second time. The problem in this country isn’t Citizens United, it’s Citizens Stupid, who keep putting known liars and cheats back into office because of the party affiliation.
Squeeky Fromm
Girl Reporter
Yes indeed Darren.
Bushies need to own the fact that he almost tanked our economy in unfunded wars and, tax cuts for the rich and deregulation of Wall Street. Clinton started it, Bush, and Obama just followed and put it on steroids.
Darren – great post. Enabling wrongdoing, or excusing it, is just as wrong.
Obama has gotten everything he ever wanted, including Obamacare. The GOP has been helpless to thwart him in any respect whatsoever. Obama needs to own the Liberal financial ruin that was the inevitable outcome of Obamacare.
Actually no Squeeky. I may not vote at all in future elections. And last I looked, Hillary is still a Democrat. You said you’d not only vote for her, you said you’d volunteer for her campaign. Change your mind?
Eric Holder leaves behind a disappointing legacy. He should have been fired. He could have risen above his political leanings, and acted in an unbiased way, as is his duty. But he did not. We are judged by our choices.
Professor Turley would make a far better AG.
Aridog, To some degree, the military side is different than the circle jerker politicians.
@Annie
You asked, “You think it would’ve been a smarter vote Republican?”
Duh! of course it would have been. You already knew in in 2012 what Obama was, and how the economy had not improved. You already knew people like Holder would be returning. Why not turn out an incompetent President, or worse, a crooked President???
Sadly, the answer is that you are stuck on voting for Democrats, and that kind of thinking from both the left and the right is one reason why we are in the shape we are in. If each party’s hoi polloi’s turn out their own bums when they are in office, it would not take long for the message to get through.
Squeeky Fromm
Girl Reporter
Nick…your “choir” here. Worked with DC for decades. At least the military side.
http://www.commondreams.org/news/2013/03/26/major-medical-marijuana-supplier-illegally-used-pesticides
Sad story. Some who thought they were being helped were actually being poisoned. It’s beginning to make sense now, why some medical marijauna users seem so tainted and poisonous.
Always remember, the key in stopping parasitic infestations is to make certain you are not a host. Parasites shrivel and die w/o a host. But, as I’ve been explaining, parasites have varied and insidious ways of attaching to hosts. I guess the Ebola virus has me thinking about this stuff.
Geez John. Have some patience. There is not a staff of people getting paid to monitor this blog. Sometimes people’s posts get caught in WordPress spam filter. Feces happens.
It is my understanding that if your post has been deleted for some reason you are told that is the case.
John – we have all lost stuff. it has been an eventful day. Darren dug a bunch of comments out from this morning. The Vortex of Doom works at random and takes no prisoners.
Aridog, The book, This Town, explains just how incestuous and rigged, DC, THE WEALTHIEST CITY IN THE US, really is.
Enjoy your dessert.
Olly, when you croak out all those froggy noises against liberals and progressives you just jumped right back into the pot. WE liberals and progressives are NOT your enemy. If you are unable to see who the REAL enemy is, you’re just hoping around aimlessly, plunk…. Right back into the pot.
Froggies, but foggies works too.
Speak for yourself Annie, I’m not the one still sitting in the pot wanting my President and AG to get back to “liberal, progressive principles”.
I’ve taken responsibility for my ignorant choices in the past and will promote and teach our founding principles to the best of my ability.
Thank you and good night.
Olly, IF ever there were to be a truly principled candidate, who couldn’t be bought, I doubt he would escape an assassin’s bullet. THAT is the sad reality that the US has become.
Going to hop off now to indulge in some chocolate, I’m depressing myself. Have fun arguing foggies….. Don’t you feel a bit warm yet?