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Ghost Of Gonzo Stalks Holder Hearing
"I want to assure you and the American people that I will be an independent Attorney General. I will be the people's lawyer," Eric Holder told the Senate judiciary committee moments ago, in response to a question form Sen. Herb Kohl.
Holder's answer suggests the extent to which the shadow of Alberto Gonzales hangs over the curent nominee's confirmation, which began this morning. Much of Senate Judiciary chair Pat Leahy's opening statement was an argument that Holder is the man to fix the problems of politicization at DOJ under Gonzales that we've chronicled at TPMmuckraker over the last two years.
Said Leahy, after noting the department's report, released Tuesday, into politicized hiring under Gonzales:
Americans must be able to trust their Justice Department. That trust must not be squandered or taken for granted. We need leaders who are prepared to take the laboring oars of a Justice Department whose dedicated law enforcement professionals have been misused and demoralized. Eric Holder is such a leader.
Just as revealingly, Republicans have centered their opposition to Holder on the claim, without much evidence, that, in fact, he's likely to be a second Gonzo. Earlier this month in a speech on the Senate floor, ranking GOPer Arlen Specter laid out the argument:
Mr. Gonzales left office accused of politicizing the Justice Department, failing to restrain Executive overreaching, and being less than forthcoming with Congress ... I am convinced that many of Attorney General Gonzales' missteps were caused by his eagerness to please the White House. Similarly, when Mr. Holder was serving as DAG to President Clinton, some of his actions raised concerns about his ability to maintain his independence from the president.
As their main exhibits in this case, Specter and other GOPers have cited Holder's 2001 pardon, as a top DOJ official in the Clinton administration, of the fugitive financier Marc Rich, which it appeared was supported by the president. GOPers have also condemned Holder's support for clemency for members of the FALN, a Puerto Rican nationalist group, at a time when Hillary Clinton was seeking a Senate seat in New York, which has a large Puerto Rican population.
Already this morning, Specter has grilled Holder on these issues, declaring, in reference to Rich: "The indicators are that you were very heavily involved and yet you testified that you were only casually involved. So there's a question of candor there."
Holder responded:
I made mistakes ... in the Rich matter. I've accepted the responsibility of making those mistakes...I should have made sure that all the prosecutors in that case were informed of what was going on. I made assumptions that turned out not to be true ... I've learned from that experience. I think that, as perverse as this might sound, I will be a better Attorney General should I be confirmed, having had the Marc Rich experience.
It's great that Holder has learned from his mistakes. But, Specter's grandstanding notwithstanding, the entire attack is pretty bogus to begin with.
There's just not much of a comparison between the level of politicization that DOJ saw under Gonzales -- when US Attorneys were removed for not bringing cases that reflected the White House's political priorities, and officials actively sought to avoid hiring liberals -- and Holder's sins during the last administration. And that excludes the numerous examples, cited by Leahy and other Holder supporters in recent weeks, of Holder acting in ways counter to the president's interest while at DOJ.
But leaving aside the minor political theater over Holder, the prominence of Gonzales' record in these hearings, as a negative marker against which to measure Holder, is perhaps the strongest testament to the unprecedented damage that the former Attorney General, and the president, did to the department.













From what I've seen the past couple dozen years, almost ALL questioning from Senators is political, meant more as statements of intentions rather than to gain information from nominees.
On Holder's side, however is a statement of independence.... that he won't be swayed by his party membership.
And now that he has declared waterboarding "torture", he will prosecute the criminals...
If, of course, the important members of his party desire for him to do so
They are ALL crooks, folks... IMHO
January 15, 2009 12:04 PM | Reply | Permalink
And Arlen shows his true colors once again. How does anyone work whith this man? He is always on a fence. You'd think this as..... would get sore.
January 15, 2009 12:15 PM | Reply | Permalink
Let me say this as a DOJ attorney, and then I probably should stay silent with regard to the DOJ under the Gonzales and Mukasey tenures.
I wasn't here under Gonzales. I came after Mukasey took the helm. But the morale here was, until the election, morose and depressing. That is among the line staff, guys like me who will happily take a bullet for the Constitution, regardless of who is in the White House. Among the political appointees and their selected favorites and like-minded thinkers among the civil service, the mindset was defensive and remained political.
The election has had the same effect of opening the shuttered windows after a long winter. There was a definite sense that a reinvigoration was coming,. The naming of Holder only boosted that feeling. many--most, I would bargain--of my colleagues supported Obama over McCain in the election. Change was needed, and no more so than here.
Next week, after the politicals have cleared out, a couple of us wanted to go by Schlozman's office at Main Justice, and to the Office of Legal Policy, where Yoo worked. Sort of like visiting Ground Zero. To mark, in our minds, what occurred there, and vowing that it should never happen again.
I am listening to Holder testify. And I am smiling.
The DOJ will be what it once was. I have no doubt.
January 15, 2009 12:36 PM | Reply | Permalink
I am so grateful for your service in the DOJ!
January 15, 2009 12:44 PM | Reply | Permalink
There's a new sheriff in town!
January 15, 2009 12:41 PM | Reply | Permalink
Someone remind me -- how did Specter vote when Gonzo was the nominee?
Dissemble much, Arlen?
January 15, 2009 1:06 PM | Reply | Permalink
Keep in mind that Specter chose not to swear in Gonzo. Mr. Fence-sitting integrity, my a**. Can't wait to write some checks and make some calls on his 2010 opponent's behalf...
http://mediamatters.org/items/200602070007
January 15, 2009 1:32 PM | Reply | Permalink
Didn't the politicization start under Ashcroft?
January 15, 2009 1:33 PM | Reply | Permalink
"the prominence of Gonzales' record in these hearings, as a negative marker against which to measure Holder, is perhaps the strongest testament to the unprecedented damage that the former Attorney General, and the president, did to the department."
This in a nutshell says everything you want to know about the Cheney/Bush administration and why it should never be repeated. Also, why, to ensure that it is never repeated, the perpetrators spend the rest of their sorry lives breaking rocks.
January 15, 2009 1:44 PM | Reply | Permalink
ANYONE WHO VOTED TO CONFIRM GONZALES SHOULD JUST SIT DOWN AND S T F U !!! They are as culpable as he.
January 15, 2009 1:51 PM | Reply | Permalink
I must agree with my Aggie counterpart even though I graduated from UT-Austin. Even Ashcroft, a partisan hack himself who mentored Clarence Thomas, couldn't stand the Bush-Cheney-Rove shenanigans for very long.
January 15, 2009 1:54 PM | Reply | Permalink
Can you guys please stop calling him Gonzo? That's kind of an insult to HST...
January 15, 2009 1:57 PM | Reply | Permalink
HST would've come up with an appropriate moniker for the little weasel.
January 15, 2009 1:58 PM | Reply | Permalink
Schumer was brilliant in attacking this ridiculous line of thinking. Holder met Obama for the first time less than three years ago. He isn't a relative, was never his personal council, and didn't know him for years and years like other AG/President relationships of the past that have all been confirmed.
Only folks who voted against Gonzalez should have the right to speak at this hearing and the right to vote against Holder if they see fit.
January 15, 2009 1:59 PM | Reply | Permalink
I agree that Schumer did well today BUT LET US NOT FORGET that Chuck (and his buddy Dianne Feinstein) cast the decisive votes IN FAVOR of Atty. Gral. Michael "waterboarding is not torture" Mukasey while all the other Dems in the SJC voted AGAINST him, PRECISELY because his position on waterboarding and other forms of coercive interrogation was somewhat vague albeit clearly agreeable. So, as far as I am concerned, Chuck needs to do much more to redeem himself after that shameful sellout!
Regarding the "Arlen Specter of AGs. past", can anybody please explain how is it that he keeps getting elected? What the hell is wrong with PA? Didn't they vote overwhelmingly for Obama??? Why can't they get rid of him like the did with Sanctorum?
January 15, 2009 7:37 PM | Reply | Permalink
Arlen Spector should be ashamed of himself.
He is the one who insisted that Gonzo didn't hve to be sworn in - he's the one who voted for him, despite all Gonzo's non-replies to questions.
Spector is a tool for his party, and a yes-man for Bush&Co. He sputtered his righteousness, then he gave Bush whatever he wanted.
Gonzo made a mockery of the DoJ, and to believe that the incoing AG would be no better than that little weasel is insulting at best.
Spector's grandstanding is ridiculously disingenuous.
January 15, 2009 4:00 PM | Reply | Permalink
Perhaps someone should remind Specter who came up with the "compromise" FISA and PATRIOT legislation when it looked like Gonazales was getting in very hot water about the Warrentless Wiretapping Program...
Ah yes, it was him!
For Christ's Sake! My head hurts.
January 15, 2009 5:59 PM | Reply | Permalink