“Oh, The Irony!”: Holder Suddenly Enjoys The GOP’s ‘Love’ And ‘Affection’
It was six months ago that Attorney General Eric Holder announced his retirement, though he said he would stay on until President Obama nominated, and the Senate confirmed, his successor at the Justice Department. Given the scope of Republican opposition to Holder – the phrase “unbridled disgust” comes to mind – it seemed likely GOP lawmakers would rush Holder out the door.
Little did we know at the time that Republican senators would prepare to keep the A.G. around indefinitely.
Holder spoke this morning at the Center for American Progress, where he heard a few intentional laughs about his unique professional circumstances.
“There is no place I’d rather be in my closing days as Attorney General than here with you all. Well, at least these should be my closing days.
“Given the Senate’s scheduling and delays in considering Loretta Lynch’s nomination for a vote, it’s almost as if the Republicans in Congress have discovered a new fondness for me! I’m feeling love there that I haven’t felt for some time. Where was all this affection over the last six years?”
To borrow a Homer Simpson line, it’s funny because it’s true.
Six weeks after Holder announced his departure, Obama introduced U.S. Attorney Loretta Lynch as his nominee as the nation’s next Attorney General. Republicans, eager to rid themselves of Holder and impressed with Lynch’s sterling credentials and qualifications, seemed to embrace the president’s choice.
It was easy to imagine at the time that the new year would begin with a new Republican-led Congress and a new Attorney General. Instead, for reasons that even they can’t fully explain, GOP lawmakers have found a way to keep Holder in the same position they ostensibly want him to leave.
Remember, Senate Democrats could have tried to rush Lynch through the confirmation process during the lame-duck session late last year – before Dems lost their majority status – but Republicans implored Democrats not to. The power should rest with the incoming majority, GOP senators said.
The outgoing Democratic majority obliged, expecting Republicans to be at least somewhat responsible. After all, there were no substantive objections to Lynch and the GOP was desperate to see Holder go. Republicans had a built-in incentive to act reasonably.
And yet, here we are. Senate Majority Leader Mitch McConnell (R-Ky.) and his team have subjected Lynch to the longest delay of any A.G. nominee in history – for reasons they haven’t even tried to explain – and this week, McConnell even broke his word about bringing Lynch’s nomination to the floor for a vote this week.
The irony is under-appreciated: Republicans wanted Holder to step down, and he did. Republicans wanted Obama to nominate an uncontroversial successor, and he did. Republicans wanted Democrats not to vote on Lynch in the lame-duck session, and they obliged.
Months later, the Senate’s GOP majority can’t quite bring itself to do what Republicans say they want to do. In fact, as far as McConnell & Co. are concerned, they hope to defeat Lynch – again, for reasons they’ve struggled to articulate – raising the prospect of Republicans keeping Holder at his current post until January 2017.
Can you really blame the Attorney General for asking facetiously, “Where was all this affection over the last six years?”
By: Steve Benen, The Maddow Blog, March 18, 2015
“Hijacked By The Hardliners”: Threatening To Gum Up The Confirmation Of Loretta Lynch Is Just The Latest GOP Tantrum
On Sunday, Senate Majority Leader Mitch McConnell declared he really, really likes having Eric Holder as attorney general. He essentially told CNN that unless Democrats concede to anti-abortion language Republicans snuck into a human trafficking bill, the nomination of Loretta Lynch to succeed Holder would not move forward.
First of all, whether Republicans accept it or not, abortion is a legal, constitutionally-guaranteed medical procedure in this country, for sex trafficking victims or anyone else. And second, this is indicative of the hostage politics we’ve come to expect from a party that refuses to govern. There is no issue, no matter how humane, and no funding need, no matter how dire, that cannot be hijacked by the ideological hardliners in the Republican Party.
We could have had immigration reform a year ago, without the threat of a Department of Homeland Security shutdown, if Speaker of the House John Boehner had told the bigots in his own caucus to take a hike and held a vote on a common-decency bill that would have passed. Republicans did shut down the government and harmed Colorado’s flood recovery efforts thanks to tea party intransigence on the Affordable Care Act. And we came to the brink of ladyparts shutting the whole thing down in 2011 thanks to Republican opposition to Planned Parenthood funding for health care screenings and services.
And no, it’s not “both sides.” I will cheerfully provide a swift wedgie to the next smug pundit who tries to blame Democrats for Republican failure to act like adults. President Barack Obama waited a year and a half for Boehner to move on immigration reform, and Boehner decided to abdicate his leadership to Iowa Rep. Steve King, who has accused undocumented immigrants of being a bunch of drug dealers with “calves the size of cantaloupes.”
Meanwhile, the Denver Post editorial board (or more accurately, publisher Dean Singleton’s ire at former Sen. Mark Udall) continues to rack up bonus points with the most credibility-damaging, fatuous endorsement of 2014, Republican Sen. Cory Gardner. The editorial actually claimed electing Gardner would “usher in a new era of bipartisanship”, that the Senate wouldn’t follow the House’s infantile, truculent lead and it would actually be “more productive.”
How’s that working out for you, Denver Post editorial board? Because Gardner didn’t get the memo.
He was one of the 47 Republicans to “pull a Dennis Rodman” and decide to communicate directly with a foreign government in order to undercut Obama. Given the backlash, Rodman’s North Korea visit may have been more effective and less comical, but this remains yet another example of Republican ineptitude. As conservative Michael Gerson put it, “This was a foreign policy maneuver, in the middle of a high-stakes negotiation, with all the gravity and deliberation of a blog posting. In timing, tone and substance, it raises questions about the Republican majority’s capacity to govern.”
Gerson’s right, and it’s only going to get better from here. According to Talking Points Memo , there are five more policy “cliffs” awaiting Congress, including the debt ceiling, funding for the Child Health Insurance Program and the end of overall funding for the federal government on Sept. 30. Obama has so far managed to outmaneuver these fools, but at some point voters need to stop rewarding failure by electing a party that is utterly incompetent at the basic functions of government.
By: Laura Chapin, U. S. News and World Report, March 16, 2015
“Obligations To Justice”: Eric Holder And Robert F. Kennedy’s Legacy
When he announced his leave-taking last week, Attorney General Eric Holder spoke of Robert F. Kennedy as his inspiration for believing that the Justice Department “can — and must — always be a force for that which is right.”
There are many reasons our nation’s first African American attorney general might see Kennedy as his guide, but this one may be the most important: If ever a public figure was exempt from Holder’s much contested depiction of our country as a “nation of cowards” on race, it was RFK, a man who was in constant struggle with his demons and his conscience.
Few white men were as searing as Kennedy in describing how the world looked to a young black man in the late 1960s. “He is told that the Negro is making progress,” Kennedy wrote, following the racial etiquette of his time. “But what does that mean to him? He cannot experience the progress of others, nor should we seriously expect him to feel grateful because he is no longer a slave, or because he can vote or eat at some lunch counters.”
“How overwhelming must be the frustration of this young man — this young American,” Kennedy continued, “who, desperately wanting to believe and half believing, finds himself locked in the slums, his education second-rate, unable to get a job, confronted by the open prejudice and subtle hostilities of a white world, and seemingly powerless to change his condition or shape his future.”
Yet Kennedy was never one to let individuals escape responsibility for their own fates. So he also spoke of others who would tell this young black man “to work his way up, as other minorities have done; and so he must. For he knows, and we know, that only by his efforts and his own labor will the Negro come to full equality.”
Holder and his friend President Obama have lived both halves of Kennedy’s parable. Like social reformers in every time, they strived to balance their own determination to succeed with their obligations to justice. Doing this is never easy. It can’t be.
Kennedy was not alone among Americans in being tormented by how much racism has scarred our national story. That’s why I was one of many who bristled back in 2009 when Holder called us all cowards. For all our flaws, few nations have faced up to a history of racial subjugation as regularly and comprehensively as we have. And Holder and Obama have both testified to our progress.
Yet rereading Kennedy is to understand why Holder spoke as he did. That the young man Kennedy described is still so present and recognizable tells us that complacency remains a subtle but corrosive sin. One of Holder’s finest hours as attorney general was his visit to Ferguson, Mo., after the killing of Michael Brown. Many young black men still fear they will be shot, a sign that the “open prejudice and subtle hostilities of a white world” have not gone away. We have moved forward, yet we still must overcome.
Holder leaves two big legacies in this area from which his successors must not turn away. In the face of a regressive Supreme Court decision gutting the Voting Rights Act, he has found other ways to press against renewed efforts to disenfranchise minority voters. And it is a beacon of hope that sentencing reform and over-incarceration, central Holder concerns, are matters now engaging conservatives, libertarians and liberals alike.
The New York Times’ Matt Apuzzo captured the irony of Holder’s tenure with the observation that his time as attorney general “is unique in that his biggest supporters are also among his loudest critics.” Many progressives have been troubled by his record on civil liberties in the battle against terrorism, his aggressive pursuit of journalists’ e-mails and phone records in leak investigations, and his reluctance to prosecute individual Wall Street malefactors.
That these issues will long be debated is a reminder that Holder was first a lawyer and public servant, most of whose work had nothing to do with race. That he singled out Kennedy as his hero shows that none of us need be imprisoned by race. That Holder cajoled and provoked us on the need “to confront our racial past, and our racial present” is itself an achievement that transcends the color line.
Kennedy, who spoke of those who braved “the disapproval of their fellows, the censure of their colleagues, the wrath of their society,” would understand the risks that Holder ran.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, September 29, 2014
“Holder A Fighter Who Would Not Cower”: He Dared Others To Summon The Nerve To Fight Alongside Him
Eric Holder, who resigned Thursday, kicked off his stormy tenure as attorney general with a challenge to the American public that set the tone for his six turbulent years as the nation’s top law-enforcement officer.
“Though this nation has proudly thought of itself as an ethnic melting pot, in things racial we have always been and continue to be, in too many ways, essentially a nation of cowards,” said Holder in his first public speech after being sworn in.
When the remark drew an uproar from conservatives, Holder shrugged and doubled down. “I wouldn’t walk away from that speech,” Holder told ABC News. “I think we are still a nation that is too afraid to confront racial issues,” rarely engaging “one another across the color line [to] talk about racial issues.”
And true to form, Holder — a tall man who carries himself with the relaxed, quiet confidence of a corporate attorney — seldom backed down from a confrontation, on racial justice or other issues.
He pressed Credit Suisse, and the Swiss bank eventually paid over $2.6 billion to settle claims it was illegally helping wealthy Americans avoid paying taxes. Holder took the lead in pushing banks and other financial companies involved in the mortgage crisis to pay $25 billion to federal and state governments, a record civil settlement.
And Holder famously sparred with members of Congress such as Darrell Issa and Louie Gohmert as the television cameras rolled. In one heated exchange at a Judiciary Committee hearing in 2013, Issa and Holder talked over each other, with the attorney general concluding, “That is inappropriate and is too consistent with the way in which you conduct yourself as a member of Congress. It’s unacceptable, and it’s shameful.”
In another back-and-forth, Holder trash-talked Gohmert with lines that could have been taken from a comedy routine. “You don’t want to go there, buddy. You don’t want to go there, OK?”
While the history books will note Holder was the first African-American attorney general, a more relevant biographical fact might be his status as possibly the first attorney general who, as a college student protester, occupied a campus building: In 1969, as a freshman at Columbia University, Holder was part of a group of black students that took over a former naval ROTC office for five days, demanding that it be renamed the Malcolm X Lounge. (In a sign of the times, the university complied.)
Echoes of Holder’s activist history could be heard years later, in the middle of a high-stakes battle with leaders of several Southern states over voter-ID laws and other rules changes that Holder deemed an attack on black voting rights.
“People should understand that there’s steel here, and I am resolved to oppose any attempts to try to roll back the clock,” Holder told CNN’s Jeffrey Toobin in an article for The New Yorker.
Not all of Holder’s crusades have worked out well.
The Supreme Court, despite Holder’s efforts, voted to strike down key provisions of the Voting Rights Act, and conservative senators blocked Debo Adegbile, Holder’s preferred choice to run the Civil Rights division of the Justice Department.
The attorney general has launched or joined legal battles against restrictions on voting rights in Ohio, Wisconsin, Texas and North Carolina, but it’s unclear whether those efforts will end up back at the same Supreme Court that weakened the original law.
In 2012, House Republicans voted to hold the attorney general in contempt of Congress for stonewalling on information requests in the bungled Fast and Furious gun-smuggling operation in which 2,000 weapons went missing. It was the first time in U.S. history that a sitting Cabinet member was given such a severe sanction. (The case will continue after Holder’s resignation, although his successor will inherit the fallout, not Holder personally.)
But history will surely judge Holder a success at broadly expanding access to justice for groups seeking acceptance and fairness. He announced the federal government would no longer defend laws banning same-sex marriage and told state attorneys general they could do the same.
And Holder made good on his initial commitment to change the conversation on race. He traveled to Ferguson, Missouri, and assigned dozens of Justice Department personnel to investigate law enforcement practices after the police killing of Michael Brown triggered street riots.
He has also called for voting rights to be restored to formerly incarcerated Americans, and pressed for a reduction in the prosecution of low-level marijuana users.
For one clue about how history will regard Holder, go back to 2009. In the effort to battle terrorism, Holder called for five accused terrorist’s suspected of participating in the 9/11 attacks to be tried in federal courts in New York — only to see the proposal scuttled after a political uproar.
“We need not cower in the face of this enemy,” Holder told skeptical members of the Senate. They didn’t buy the argument, but it was classic Holder: Once again, the battler leaping into the arena and daring others to summon the nerve to fight alongside him.
By: Errol Louis, CNN Opinion, September 26, 2014
“Meaningful Change”: Eric Holder Transformed The Attorney General Into An Advocate For The Poor
On September 25, Attorney General Eric Holder announced his resignation. He made history as the nation’s first African American attorney general and will most likely be remembered for his vigorous enforcement of the nation’s civil rights laws. He deserves equal accolades for his leadership in working to reform the nation’s broken criminal justice system. Since his appointment as attorney general, he has consistently criticized the draconian federal sentencing laws that require lengthy mandatory minimum sentences in nonviolent drug cases and has decried the unwarranted racial disparities in the criminal justice system, calling the phenomenon “a civil rights issue … that I’m determined to confront as long as I’m attorney general.” And he certainly kept that promise.
Before becoming the nation’s top law enforcement officer, there was no indication that Eric Holder would ultimately become an advocate for poor people incarcerated in our nation’s prisons and jails. After all, Eric Holder spent most of his professional career as a criminal prosecutor. He started out as a prosecutor in the Justice Department’s Public Integrity Section where for 12 years he worked to put away corrupt public officials. During his five years as a judge in the Superior Court of the District of Columbia, he earned a reputation as a tough sentencer, locking up countless young African American men for long periods of time.
Eric Holder left the bench to become the first African American United States Attorney for the District of Columbia. When Holder was appointed to be D.C.’s chief prosecutor, I was the city’s chief defender. As Director of the Public Defender for the District of Columbia, my interactions with Holder’s predecessors were very adversarial. Holder was determined to change that. Soon after his appointment, he visited my office and promised a change in policies and practices. Although he instituted a number of programs in his office, he did not make efforts to reduce the prison population or address racial disparities. He was more polite than his predecessors, but there was absolutely no indication that he would ultimately lead the charge to reverse the nation’s shameful record of incarcerating more of its citizens than any western nation in the world.
In 1997, Holder continued his career as a prosecutor when he became the nation’s first African American deputy attorney general under Janet Reno during the Clinton administration. As second in charge at the Justice Department, Holder supported and championed Reno’s positions on criminal justice issues. At that time, sentencing laws required judges to sentence those in possession of five grams of crack cocaine to a mandatory minimum of five years in prison while that harsh sentence could only be imposed in cases involving powder cocaine when the amount was 500 grams. The enforcement of these laws resulted in much harsher sentences for African Americans. Although Reno was in favor of narrowing the disparity, she strongly opposed eliminating it, and, as her deputy, so did Holder.
At the end of Clinton’s second term, Holder went into private practice before returning to lead the Justice Department that he’d worked in for most of his career. From the beginning of his term as attorney general in 2009, Eric Holder began to champion vigorous reform of the criminal justice system. The vast majority of criminal cases are prosecuted in state courts, and the Attorney General has no supervisory power over state and local cases. However, Holder consistently used his bully pulpit to advocate for criminal justice reform and took direct action to order reforms in the federal system throughout his tenure as attorney general.
As early as June 2009, Holder spoke at a symposium on reforming federal sentencing policy sponsored by the Congressional Black Caucus. In his remarks, Holder announced that he had ordered a review of the department’s charging and sentencing policies, consideration of alternatives to incarceration, and an examination of other unwarranted disparities in federal sentencing. He stated that “the disparity between crack and powder cocaine must be eliminated and must be addressed by this congress this year.”
The following year, Holder gave remarks at the Justice Department’s National Symposium on Indigent Defense, where he spoke passionately about how the Sixth Amendment right to counsel was not being fulfilled for poor people charged with crimes. He pledged his commitment to improving indigent defense, stating that he had “asked the entire Department of Justice … to focus on indigent defense issues with a sense of urgency and a commitment to developing and implementing the solutions we need.” And he fulfilled that pledge. In October 2013, the Justice Department awarded a total of $6.7 million to state and local criminal and civil legal services organizations that provide defense serves for the poor. Most recently, Holder filed a statement of interest expressing his support for a lawsuit against the state of New York that challenges the deficiencies in New York’s public defender system.
Holder’s most comprehensive criminal justice reform efforts were announced in a speech he gave at the American Bar Association’s Annual meeting in 2013. In these remarks, Holder said, “Too many people go to too many prisons for far too long and for no truly good law-enforcement reason.” He also decried the unwarranted racial disparities, stating that “people of color often face harsher punishments than their peers. … [b]lack male offenders have received sentences nearly 20 percent longer than those imposed on white males convicted of similar crimes. This isn’t just unacceptable—it is shameful.” Holder then went on to announce sweeping reforms, including ordering federal prosecutors to refrain from charging low level nonviolent drug offenders with offenses that impose harsh mandatory minimum sentences; a compassionate release program to consider the release of nonviolent, elderly, and/or ill prisoners; the increased use of alternatives to incarceration; and the review and reconsideration of statutes and regulations that impose harsh collateral consequences (such as loss of housing and employment) on people with criminal convictions.
We have yet to witness the positive effects of Holder’s criminal justice legacy, and some may suggest that he didn’t go far enough. But few will disagree that his efforts surpass those of any previous attorney general. Did Holder’s views on criminal justice evolve over time? Or did he always believe that the system was broken and in need of reform? Perhaps both statements are true. What matters is that at the end of the day, when he was in a position to effect meaningful change in our criminal justice system, this former prosecutor became a champion of liberty. And for that, this former public defender will forever be grateful.
By: Angela Davis, Professor of Law at American University Washington College of Law; The New Republic, September 27, 2014
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