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:

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Islamic State Reportedly Tortures And Kills Human Rights Lawyer

124934515-e57055cd-e51d-400f-9705-9aecf3e4626cSamira Salih al-Nuaimi died last week as she lived: a brave symbol of human rights in a region of religious extremist and oppression. Al-Nuaimi, a mother of three and lawyer, was taken from her home in Mosul by Islamic State fighters and taken to a Sharia court for trial for apostasy in her abandoning of true Islamic teachings. This true Islamic path for ISIS then included days of torture and the executive of Al-Nuaimi.

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Welcome To Hell-Al: Orthodox Jewish Men Disrupt New York Flight By Refusing To Sit Near Women

220px-El_Al_Rhodes_041009Passengers on a flight from New York to Tel Aviv were put through what one passenger described as “an 11-hour long nightmare” on El Al after ultra-orthodox passengers refused to sit near women and demanded segregation of the sexes in line with their religion. The men in black hats and curly tendrils refused to take their previously selected seats for take off. They then jumped out of their seats and stood in the aisle protesting that women were near them . . . for 11 hours.

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Pakistani Policeman Shoots and Kills Minister Accused Of Blasphemy And Wounds Another Prisoner

ZafarBhatti2-211x300Flag of PakistanChristian Pastor Zafar Bhatti has reportedly been shot and killed by a Pakistani policeman, who also wounded another prisoner, 70-year-old Briton Muhammad Asghar. Both are in jail for blasphemy. Bhatti was a human rights activist fighting for the rights of Christians in the country. His death (and the convenient shooting of another alleged “blasphemer”) is viewed as highly suspicious given the past threats against his life from other prisoners and guards.

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UTAH APPEALS SISTER WIVES RULING

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One month ago, United States District Court Judge Clarke Waddoups handed down his final ruling in favor of my clients in the Sister Wives case. Utah Attorney General, Sean Reyes has now filed his notice of appeal in the case — a move that will take this historic case to the United States Court of Appeals for the Tenth Circuit in Denver and potentially to the Supreme Court.

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Ginsburg: Obama Cannot Guarantee A Replacement For “Someone Like Me”

225px-ruth_bader_ginsburg_scotus_photo_portraitI have been previously critical of Supreme Court Justice Ruth Bader Ginsburg’s public speeches and interviews (as well as those of some of her colleague’s like Justice Scalia). Ginsburg has again crossed the line of judicial decorum in my view with yet another interview. In this case, she openly discusses the danger of Republican influence on any replacement in the context of her decision to stay on the Court. The interview with Elle magazine is another public appearance that continues the corrosive influence of politics on the Court and the maintenance of political contingencies by some of the justices.

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“What Cuts?” : China Demands Financial and Legal Concessions For New Greenhouse Gas Reductions While India Steadfastly Refuses Any Cuts

earth-screensaver_large220px-AlfedPalmersmokestacksChina has long proven to be one of the most destructive nations on Earth for the environment from air pollution that is diminishing the air quality of nations across the ocean to an insatiable market for endangered species products. After President Obama challenged China (the leading producer of greenhouse gases in the world) to match reductions of the West in carbon emission reductions, China refused and demanded massive payments, including Intellectual Property concessions, to convince it to make even greater cut in its pollution. Despite its ascendance into the top of world economics, China continues to suggest that it is another “developing country” and that the West should make the major economic sacrifices for environment. China did commit setting new limits domestically and will be working on joint projects with the United States. The United States has not been a leader in this area for some time but President Obama’s remarks were welcomed by the world environmental community. Conversely, India’s Environmental Minister summed up the obstructionist position of his country by asking “What cuts? That’s for more developed countries. The moral principle of historic responsibility cannot be washed away.” Well, given the rate of rising pollution in India, it will be hard to see anything, let alone cuts, if his country maintains this destructive policy.

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Tennessee Police Accused Of Beating DUI Suspect And Then Lying About Incident

Screen Shot 2014-09-24 at 9.29.39 AMThere is a new scandal involving alleged police abuse and false statements. The latest case comes out of Red Bank, Tennessee, where critics allege that officers beat a suspect, 24-year-old Candido Medina-Resendiz, without cause and then lied about the incident in official reports. Warning: this story contains foul language from the reporting of the case.

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Karzai Denounces U.S. In Farewell Speech While Thanking China and Iran

225px-hamid_karzai_2004-06-14Outgoing Afghanistan President Hamid Karzai denounced the United States in his farewell speech and insisted that, despite tens of thousands of wounded and dead American service personnel (and over a trillion dollars in aid), the United States has been a curse upon his country. Instead Karzai showered praise on Iran and China as great allies for Afghanistan. This is the man who the CIA openly gave regular suitcases of cash to and led a government where billions simply disappeared.

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China Sentences Uighur Scholar To Life In Prison After Denying Him Access To Evidence

Profesor_Ilham_TohtiChina has continued its crackdown on political speech with a truly disgraceful trial of Uighur scholar Ilham Tohti. The prominent scholar has written about the discontent in his region and lack of rights. The Chinese declared the writings as encouraging separatism. While that would not be a crime in any free nation, China handed him a life sentence after this supporters say that he was denied food and then denied copies of the evidence used against him.

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Semper Latte: Cup Salute Seems To Generate More Attention Than Undeclared War In National Debate

1411505445739_wps_3_Americans_weren_t_amused_It is being called “Semper Latte” and, if this is the biggest scandal that President Barack Obama has to worry about, his Administration is safe. Various people are denouncing the President for saluting his Marine guard while holding a cup of tea or coffee. From CNN to the Daily Mail to ABC to the New York Daily News to the Washington Post to the New York Post to NBC to CBS to countless others, the salute is generating heated comments across the country. YouTube clips show the salute over and over along with multiple postings expressing outrage. My reaction is a bit different. The President has launched another declared war that his aides say could last “years.” However, there seem more debate over this tempest in a tea [cup] than the fact that we are bombing another nation.

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Not COOL: China Will Soon Be Able To Import Cooked Chicken Into U.S. Without Labels of Origin

230px-McDonalds-Chicken-McNuggetsThe Obama Administration has quietly opened up the U.S. market to Chinese chicken – a move that alarms some public interest groups. Many consumers avoid China foods, including pet foods, due to a long series of contaminated and poisoned products coming from that country. Now the U.S. will allow four Chinese poultry plants to send processed chicken to American markets while hiding their origin. The problem is that by cooking the chicken, China can avoid new country-of-origins labels (COOL) at delis and other stores — resulting in consumers eating Chinese food products without knowing it.

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United States Bombs Syria In Latest Undeclared War

220px-B-2_spirit_bombingPresident_Barack_ObamaI just completed a two-city debate with former Bush official John Yoo on executive power with a focus on undeclared wars. It appears Yoo won the debate . . . at least with President Obama. Indeed, Yoo appears to have had Obama at “hello” to quote Jerry Maguire. Without any declaration of war, Obama has launched attacks against targets in Syria — an act of war by any measure and a violation of international law.

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