Pat Leahy

Leahy to Bybee: Why Not Give Us Your Side Of Torture Story?

Zachary Roth | April 29, 2009, 1:49PM

As the calls for his impeachment grow louder, Jay Bybee -- the Bush OLC lawyer who wrote one of the torture memos, and who is now a federal judge -- has been given the chance to share his side of the story.

The unlikely invitation comes from Pat Leahy, the chair of the Senate Judiciary committee. In a letter sent to Bybee today, Leahy invites him to testify before the committee about his role in writing the memos.

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Barack Obama

Biden Mum On State Secrets Bill He Once Supported

Zachary Roth | April 14, 2009, 2:15PM

Et tu, Joe?

Last year, while trying to win the Democratic nomination for president, Joe Biden co-sponsored a bill to restrict the use of the "state secrets privilege" by the Department of Justice. But today, asked by the Huffington Post for Biden's current stance on the legislation, a spokesman for the vice president replied: "No comment on this from here." That "no comment" follows a similar tight-lipped stance from the White House itself.

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Barack Obama

White House Won't Say Whether It'll Back Effort To Roll Back State Secrets Privilege

Zachary Roth | April 13, 2009, 9:51AM

A good advance on the state secrets story, from Greg Sargent over at the Plum Line.

Greg reports that the White House declined to tell him whether it would support a Democratic effort to roll back the use of the state secrets privilege.

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Justice Department

Pelosi: Rove Deal Is "Victory For The Constitution"

Zachary Roth | March 4, 2009, 6:40PM

House Speaker Nancy Pelosi and Senate Judiciary chair Pat Leahy just released separate statements on the agreement to secure Karl Rove's testimony.

Pelosi:

The agreement for Karl Rove and Harriet Miers to testify upholds a fundamental principle: no one is above the law and Congressional subpoenas must be complied with.

As public officials, we take an oath of office to uphold the Constitution. It is the institutional duty of Congress -- as an independent branch -- to ensure against abuse of power through meaningful oversight over the Executive Branch. When there are credible allegations about the politicization of law enforcement, the need for Congressional oversight is at its greatest.

In upholding our oaths of office, the House of Representatives was determined to preserve checks and balances -- the separation of powers that protects the rule of law. It brought action in court to enforce the Judiciary Committee's subpoenas, and won a major ruling by U.S. District Judge John Bates dismissing the extreme position of absolute immunity from Congressional oversight advocated by the Bush Administration for former Administration officials. Under this agreement, the precedent established by Judge Bates' historic ruling rejecting this extreme Bush Administration doctrine will be preserved.

Today's agreement is a great victory for the Constitution, the rule of law, and the separation of powers. I appreciate the strong leadership of Chairman John Conyers and the assistance of the Obama Administration.

Congress now has the opportunity to uncover the truth and determine whether improper criteria were used by the Bush Administration to dismiss and retain U.S. Attorneys.

Leahy:

I hope today's agreement will help to finally uncover the truth about the firings of U.S. Attorneys and the Bush White House cover up designed to shield from public view the inappropriate and illegal actions of the last administration.

It should not have taken until now to obtain testimony and documents from Bush administration officials connected to the investigation into the firings. Today's agreement leaves in place the court ruling that rejected the Bush administration's unprecedented and unfounded blanket claims of executive privilege and immunity. I rejected those claims as excessive and wrong in my ruling on President Bush's position over a year ago, and a bipartisan majority of the Senate Judiciary Committee ultimately found Karl Rove and former White House Chief of Staff Josh Bolten in criminal contempt.

I commend Chairman Conyers for the agreement reached today. I hope Congress, and the American people, will now finally hear long overdue answers to serious questions about political interference by the Bush White House in our nation's top law enforcement agency.

Arlen Specter

Too True! Specter and Cornyn Oppose Truth Commission

Zachary Roth | March 4, 2009, 3:57PM

GOP senators Arlen Specter and John Cornyn are leaving no doubt where they stand on Senate Judiciary chair Pat Leahy's proposal to create a Truth Commission to look into the Bush administration's war on terror policies.

They oppose it.

In a press release the pair sent out, Specter said:

When this idea of the so-called 'truth commission' first surfaced I said it was unnecessary because you had a change of administration, you could walk in the front door, ask for directions to the relevant filing cabinet, go in and open the drawer and find out anything you wanted to know. Well that's been done. And it's being done to a greater extent. You had some rather startling disclosures with the publicity in recent days about the unusual, to put it mildly, legal opinions which were issued to justify executive action.

Cornyn added:

I oppose the creation of a so-called 'truth commission' because it is a redundant and politically divisive exercise that would distract the Executive, Congress, and the American people at a time when we should be focused on reinvigorating our economy and winning the war on terror. This roving, unaccountable inquisition into each and every grievance with a Bush Administration policy is a backward-looking proposition that is directly at odds with President Obama's stated goals of unity and moving forward. Now is not the time for government to waste more of taxpayers' money by outsourcing a core Congressional responsibility.

It appears these senators can't handle the truth.

Pat Leahy

GOP Witness: By Historical Standards, Bushies' War On Terror Conduct Was "Exemplary"

Zachary Roth | March 4, 2009, 12:13PM

The Senate Judiciary committee is currently holding hearings on that proposal from committee chair Pat Leahy to set up a Truth Commission to look into the Bush administration's war on terror.

We'll have more to say on this whole subject soon, but for now it's worth noting that, as you'd expect, Bush allies are fighting hard to stymie Leahy's idea.

Just now, the committee heard from David Rivkin, a lawyer who served in the Justice Department and the White House under Presidents Reagan and George H. W. Bush.

Explaining why he opposed Leahy's proposal, Rivkin declared:

Yes, mistakes were made. Yes, some bad things happened. But compared with the historical baseline of past wars, the conduct of the United States in the past eight years ... has been exemplary.

We're sure that victims of torture under the Bush administration would appreciate Rivkin's willingness to supply that historical context.

Sen. Sheldon Whitehouse (D-RI) certainly didn't. He told Rivkin:

I would suggest, Mr. Rivkin, that until you know, and we all know, what was done under the Bush administration, you not be so quick to throw other generations of Americans under the bus, and assume that they did worse.

Late Update: Here's the video:

Alberto Gonzales

Lying To Congress: OK For DOJ Officials, Not So Much For Ballplayers

Zachary Roth | February 10, 2009, 2:48PM

So Miguel Tejada, the shortstop for the Houston Astros, has been charged with lying to Congressional investigators about the use of steroids in baseball.

That news put us in mind of someone two other people who are suspected of lying to Congress, but so far, unlike Tejada, have escaped legal jeopardy. We refer, of course, to Alberto Gonzales and Bradley Schlozman.

A report released last July by the Justice Department's inspector general indicated that Gonzales may have lied to Congress about politicization at the department. And there have also been credible suggestions, including from Senate Judiciary chair Pat Leahy, that Gonzales perjured himself during his testimony on the US Attorneys firings scandal. A special prosecutor, Nora Dannehy, has been appointed to look into whether crimes were committed in connection with the firings, and the issue of Gonzales' possible perjury appears to be at the center of her probe. But as yet, Gonzales hasn't been charged (though he's certainly not in the clear).

As for Schlozman, a former top DOJ voting-rights official, another report by the department's IG, this one released last month, found that Schlozman lied to a Senate committee about his own role in politicizing hiring at the department. But the US Attorney's office for the District of Columbia declined to bring charges against Schlozman (a decision that Attorney General Eric Holder has said he will review.)

Meanwhile, Tejada is set to go before a DC judge tomorrow. And Roger Clemens is also under investigation for lying to Congress about steroids.

And consider this: Tejada isn't accused of lying about this own possible steroid use. Rather, prosecutors say he lied when he told Congressional investigators, during an interview in a Baltimore hotel room, that he didn't know about any other players using steroids. Gonzales and Schlozman, by contrast, are suspected of lying to conceal their own involvement in politicizing DOJ.

It's hard not to conclude that if federal investigators went after former DOJ officials as hard as they went after ball players, the world would be a better place.

Eric Holder

Holder Confirmed...

Zachary Roth | February 2, 2009, 6:52PM

...as Attorney General by a vote of 75-21.

Said Pat Leahy, the chair of the Senate Judicary committe:

[O]f the last four Attorneys General, Eric Holder has the largest 'aye' vote of any of them. I think it is a good sign for the country. It is a good sign for the Department of Justice.

Arlen Specter

Senate Committee Approves Holder

Zachary Roth | January 28, 2009, 11:42AM

Finally...

After weeks of delays, the Senate Judiciary committee has voted by 17-2 to send Eric Holder's nomination to the full Senate.

In a statement, committee chair Pat Leahy said:

Mr. Holder has demonstrated that he is committed to restoring the rule of law, and, as President Obama said in his inaugural address 'to reject as false the choice between our safety and our ideals,'" said Leahy. "I am more convinced than ever that Eric Holder is a person who will reinvigorate the Department of Justice and serve ably as a key member of the President's national security team. He will pursue the Justice Department's vital missions with skill, integrity, independence and a commitment to the rule of law.

The two "no" votes were from conservative Republicans John Cornyn and Tom Coburn.

Leahy's full statement follows after the jump...

Read more »

Arlen Specter

Specter Drops Opposition To Holder -- Leahy Pleased

Zachary Roth | January 27, 2009, 3:56PM

It looks like Arlen Specter, the ranking GOPer on the Senate Judiciary committee, has decided to support Eric Holder's nomination to be Attorney General after all, as Elana reports over at TPMDC.

Specter has put up roadblocks to Holder's confirmation from the start, first getting the hearings delayed a week, then getting the committee vote itself delayed another week, until tomorrow.

Here's a statement just put out by committee chairman Pat Leahy, who has led the fight to get Holder confirmed:

I am glad that Senator Specter has resolved his concerns and will support Eric Holder's nomination to be the next Attorney General. He joins the dozens of organizations and individuals across the political spectrum that for more than two months have praised the qualifications, integrity, and independence of this nominee. Tomorrow the Committee will move forward to report this historic nomination to the Senate, and I hope the Senate will debate and vote on Mr. Holder's nomination without further delay.

Arlen Specter

GOPers, Worried About Torture Prosecutions, Delay Holder Vote

Zachary Roth | January 21, 2009, 4:20PM

Republicans on the Senate Judiciary committee are delaying for up to a week a vote on Eric Holder's nomination to be Attorney General, with some saying they want more time to consider his record on torture.

John Cornyn, Republican of Texas, told Politico:

Part of my concern relates to his statements at the hearing with regard to torture and what his intentions are toward our intelligence personnel who were operating in good faith based on their understanding of what the law was.

Holder declared last week at the hearing that "water-boarding is torture."

It seems plausible that Cornyn's and other GOPers' concern might relate not just to intel personnel who carried out torture, but also to high-ranking Bush administration officials who ordered or approved it.

In a statement, committee chair Pat Leahy expressed his displeasure:

I am extremely disappointed, but they have that right, and this historic - historic - nomination is held over.

Alberto Gonzales

Ghost Of Gonzo Stalks Holder Hearing

Zachary Roth | January 15, 2009, 11:52AM

"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.

Alberto Gonzales

Leahy: Schloz Committed "Heinous Crime"

Zachary Roth | January 13, 2009, 2:03PM

It sounds like Sen. Pat Leahy isn't too happy about the US Attorney's office's decision not to prosecute Bradley Schlozman for making false statements to Leahy's Judiciary committee.

In a speech on the Senate floor this morning, Leahy left no doubt that he disagrees with the US Attorney's office's decision, and declared: "When somebody deliberately, purposely sets out to subvert the constitution of the United States, and then lies about it, lies about it, Mr. President, I find that a heinous crime."

You can watch the speech here, but here's the entire relevant excerpt:

I really wish that the current U.S. attorney's office appointed by this administration had prosecuted. I think that the only way you stop such blatant criminal violations by people who know better, people who are sworn to uphold the law, (unint.) that they know they'll go to jail for breaking the law. That's what should have been done. And just because they broke the law in the Bush administration and the Bush administration did not, or deemed not to prosecute, I think that raises real questions. Prosecution should be done no matter who breaks the law. I think about one of the people who testified that same investigation and said that, uh, "we swear an oath to President George Bush." I said, "no, you swear an oath to uphold the Constitution. That constitution is the constitution you're sworn to uphold and I'm sworn to uphold and it's the constitution that reflects all Americans."

...

And when somebody deliberately, purposely sets out to subvert the constitution of the United States, and then lies about it, lies about it, Mr. President, I find that a heinous crime. We will see some kid who steals a car, they'll be prosecuted as they probably should. But when you have a key member of the DoJ lie about it under oath, who subverts the consitution of the United States, all the more reason to prosecute that person. Mr. President what Mr. Schlozman did was reprehensible, it was disgusting, it was wrong, goes at the very core of America's principles. The distinguished presiding officer, like me, had the great opportunity to serve as a prosecutor, and I have every reason to believe that he did not show fear of favor when he brought prosecution, as I did, as I did not, I did not show fear of favor, most prosecutors do not. And when you have somebody who is part of the Justice Department lie under oath, and do it in a way to cover up subverting the laws that protect all of us, the civil rights laws protect all of us, white, black, brown, no matter what our race, our creed, it protects all of us. And what has marked this country since the time I was a young lawyer in the sixties, is our adherence to the civil rights laws. You can't go back to a time where they're enforced for some but not for others.

Arlen Specter

Leahy On Specter: "It May Be Coincidence That His Positions Have Been Those Of Karl Rove"

Zachary Roth | January 13, 2009, 1:24PM

On a conference call this morning, Sen. Pat Leahy was asked about his ongoing spat with ranking GOPer Arlen Specter over the nomination of Eric Holder to be Attorney General -- which Leahy supports and Specter has expressed extreme skepticism about.

In response, Leahy upped the rhetoric, saying of Specter:

It may be coincidence that his positions have been those of Karl Rove. I suspect it is coincidence.

Leahy added:

He was a lead supporter in the US Senate of Alberto Gonzales. I disagreed with him on Alberto Gonzales. If he could support Gonzales, who turned out to be a disaster as Attorney General and was eventually forced out by President Bush, I would think that he would be very happy to support Eric Holder.

Alberto Gonzales

Leahy On Report: Schlozman Lied To Me

Zachary Roth | January 13, 2009, 10:44AM

Pat Leahy, the chair of the Senate Judiciary committee, just put out the following statement on the DOJ report into politicized hiring:

Today's report confirms some of our worst fears about the Bush administration's political corruption of the Justice Department. Not only did senior Republican appointees violate the law in hiring based on politics in the Civil Rights Division, they also lied about it when called to explain themselves to Congress.

I am particularly disturbed about the findings that a senior Justice Department appointee, Bradley Schlozmann, made false statements under oath when appearing before the Senate Judiciary Committee. Lying to Congress undermines the very core of our constitutional principles and blunts the American people's right to open and transparent government. Not only did he lie to me and the Committee, but he then refused to cooperate with Justice Department's internal oversight offices' investigation into illegal hiring practices in the Department's Civil Rights Division. The clear determination that he broke the law corrodes our trust in our system of justice and in the nation's top law enforcement agency. His actions in fact undermine the very mission of the Department's Civil Rights Division, which is charged with enforcing federal law prohibiting discrimination.

A strong and independent Civil Rights Division has long been crucial to the enforcement of our precious civil rights laws, and experienced and committed career attorneys have always been the heart and soul of that Division. Contrary to those traditions, however, this report details troubling revelations of political appointees who marginalize and force out career lawyers because of ideology, and, corrupt the hiring process for career positions. It should come as no surprise that the result, and of course the intent, of this political makeover of the Civil Rights Division has been a dismal civil rights enforcement record.

This report is just one of the final chapters in the regrettable legacy of the Bush administration at Main Justice, and it reinforces the need for new leadership. Now more than ever, it is necessary to confirm a new team to lead the Justice Department, starting with Attorney General designee Eric Holder.

Alberto Gonzales

DOJ Official Caught Up In US Attorney Firings Supports Holder

Zachary Roth | January 12, 2009, 1:11PM

We're not sure whether this counts as a positive thing ... but Eric Holder, Barack Obama's nominee for Attorney General, has won the support of a former DOJ official who was seriously tainted by the US Attorney firings scandal.

In a letter obtained by Politico, former deputy AG Paul McNulty wrote that despite the issues raised by some GOPers about Holder's tenure at DOJ under Bill Clinton, he nonetheless deserved support:

When Eric Holder was Deputy Attorney General, he encountered a daily barrage of complex issues and demands," McNulty wrote. "His challenge was to exercise sound judgment, often within severely limited time constraints. As a result, it should come as no surprise that Eric can now look back and wish that he had handled some things differently. What is important, however, is that he remains the same person of high integrity, and through it all, he is far better prepared to lead the Department of Justice.

While serving as deputy AG under Alberto Gonzales, McNulty was involved in an effort to keep details of the US Attorneys firing scheme from Congress. And his chief of staff, Michael Elston, told IG investigators for a separate inquiry that he looked for GOP or conservative credentials when making hiring decisions for McNulty's office.

So McNulty's endorsement may not be the one of which Holder is most proud. Still, Pat Leahy's comment to TPM that, depsite Arlen Specter's anti-Holder crusade, there was in fact significant Republican support for Holder's nomination, appears to be being borne out.

Arlen Specter

Senate Releases Witness List For Holder Hearings

Zachary Roth | January 9, 2009, 6:13PM

The Senate Judiciary committee has released its witness list for the confirmation hearings of Attorney General nominee Eric Holder, to begin Thursday:

The list:

The Honorable John W. Warner, Former United States Senator from Virginia
The Honorable Eleanor Holmes Norton, Congresswoman from the District of Columbia

Panel I:
Eric H. Holder, Jr.

Panel II:
The Honorable Louis J. Freeh, Former Director, Federal Bureau of Investigation
Chuck Canterbury, National President, Fraternal Order of Police
John Payton, President and Director-Counsel, NAACP Legal Defense and Educational Fund, Inc.

Witness to be designated by the Minority
Witness to be designated by the Minority

It'll be interesting to see who Arlen Specter and friends decide to call, since they've signaled a desire to scrutinize Holder's record -- in particular his role in the Marc Rich pardon -- very closely.

Justice Department

Leahy: GOPers Tell Me They Won't Oppose Holder -- Despite Specter's Bluster

Zachary Roth and Elana Schor | January 8, 2009, 2:43PM

In that same conversation with Senate Judiciary chair Pat Leahy, we also asked about the bizarre jab recently thrown by Leahy's Republican counterpart on the committee, Arlen Specter, who likened Attorney General nominee Eric Holder to Alberto Gonzales.

Leahy shook his head, almost amusedly, and said "a number of Republicans" have told him privately that "there's no way we could vote against Eric Holder -- there's no way we could explain it."

In other words, Specter's apparent crusade against Holder may turn out to be a lonelier effort than it might appear.

U.S. Attorneys

Leahy Unsure About Timeframe For US Attorneys Probe

Zachary Roth and Elana Schor | January 8, 2009, 2:28PM

We just talked to Senate Judiciary chair Patrick Leahy (D-VT) as he left the official electoral vote count that designated the president-elect, and asked him something that's been on our mind here at TPMmuckraker: How much resources/time will Congress have to address the ongoing lawsuits against Harriet Miers and Josh Bolten for their failure to provide testimony and documents in the U.S. Attorney firings scandal?

The House officially voted to continue its legal efforts yesterday, but Leahy admitted that he was unsure about a timeframe for action in the Senate.

"I don't know," he said. "I actually raised the same question to my staff today."

Leahy explained that several senior members of his staff have taken a leave to help with Barack Obama's transition, a factor that could delay significant action for a time.

In October, Leahy's committee released a report on the firings saga which found that senior White House officials, including Karl Rove, helped compile the list of US Attorneys to be removed, and that former Attorney General Alberto Gonzales participated in a "cover up" to conceal the fact that the firings were politically motivated.

That report accompanied contempt resolutions, against Rove and White House chief of staff Josh Bolten, passed by the committee last year. Rove and Bolten have refused to testify or turn over documents to the committee.

Alberto Gonzales

Leahy: You Guys Voted For Gonzo, So What's Wrong With Holder?

Zachary Roth | January 7, 2009, 2:16PM

The bad blood between Senate Judiciary chair Pat Leahy, and ranking Republican Arlen Specter, over Attorney General nominee Eric Holder, shows no signs of abating.

Yesterday, Specter pointedly questioned Holder's record of independence, even comparing Holder to Alberto Gonzales -- a low blow by any measure.

Leahy, who supports Holder's confirmation, seems to have taken exception. His office today released the following statement in his name -- which tries to turn the Gonzo precedent back on Specter:

We need the new Attorney General to be a person of experience and independence. Eric Holder's long record of public service has earned him strong support from law enforcement organizations, civil rights groups, victims' rights advocates, former Reagan and Bush administration officials, and others. Any effort to question his character is unfounded. Every Republican voted for Alberto Gonzales, and felt his character merited confirmation. Certainly Eric Holder greatly exceeds that test.

Oh snap.

For weeks, Leahy and Specter have been bickering over the nomination. Specter prevailed on his opposite number to delay the confirmation hearings, citing a need to look more closely at Holder's record, in particular his role in the pardon of Marc Rich

Arlen Specter

Specter: Holder Could Be Another Gonzo

Zachary Roth | January 6, 2009, 6:24PM

It doesn't get harsher than that.

In a floor speech today, Arlen Specter, the ranking Republican on the Senate Judiciary committee, suggested that Eric Holder, Barack Obama's nominee for Attorney General, might follow in the footsteps of ... Alberto Gonzales!

The Washington Independent reports that Specter cited several of the attacks that we've heard from GOPers since Holder's nomination was announced -- including the Al Gore "campaign finance violations" of 1996, the Elian Gonzalez case, and the last-minute pardon of Marc Rich.

Then Specter really hit below the belt, declaring:

After our recent experience with Attorney General Gonzales, it is imperative that the Attorney General undertake and effectuate that responsibility of independence. 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.

Specter concluded:

I am prepared to give Mr. Holder a full opportunity to explain his past actions and convince the Committee and the Senate that his record warrants confirmation.

As we noted last month, Specter has already tried to throw a hitch into the Holder nomination, ultimately prevailing on Judiciary chair Pat Leahy to postpone Holder's confirmation hearings, citing the need to scrutinize Holder's record -- particularly on the Rich pardon -- more closely.

But comparing Holder to Gonzales surely goes too far.

Arlen Specter

To Placate GOPers, Leahy Delays Holder Hearings

Zachary Roth | December 15, 2008, 2:10PM

It looks like Republicans on the Senate Judiciary committee have won at least a partial victory in that battle with Judiciary chair Pat Leahy over the timing of confirmation hearings for Eric Holder, Barack Obama's nominee for Attorney General.

In a press release sent moments ago, Leahy wrote the he was delaying the hearings, and made clear he wasn't happy about it:

The Committee has not yet received the names of other designees for high-ranking Department of Justice officials that we had anticipated and more time is now available to the Judiciary Committee. Therefore, to accommodate the Republicans on the Judiciary Committee, at their request we are delaying the hearing, again, until January 15.
...

It is disappointing to me that they are insisting that we delay at a time when the nation needs its top law enforcement officer and national security team in place and working.

The delay is only a week, since Leahy had been planning to begin the hearings on January 8. He had argued that, after the politicization of the Bush years, it's particularly important for fresh leadership to be installed quickly.

The committee's GOP minority, led by Arlen Specter, has been arguing that Leahy's schedule doesn't allow enough time to review documents pertaining to Holder's role in the controversial pardon of Marc Rich in the waning days of the Clinton administration.

The dispute had gotten unusually pointed for an intra-committee disagreement. Leahy, in a letter to Specter, implied that the Republican's trip to Europe and the middle east this month was a congressionally sponsored junket. Leahy also dredged up a year-old quote from Republican Jon Kyl, arguing for a speedy confirmation of Michael Mukasey as Attorney General, which appears to contrast with today's GOP position on Holder. In announcing the delay today, Leahy again brought up Kyl's quote on Mukasey.

The full release follows after the jump...

Read more »

Arlen Specter

Partisan Flare-Up Over Pace Of Holder Hearings

Zachary Roth | December 12, 2008, 1:30PM

We told you Wednesday about the developing fight over the pace of confirmation for Eric Holder, Barack Obama's nominee for Attorney General. And it looks like it's heating up.

Politico reports that several Senate GOPers took the floor of the chamber last night to agree with Arlen Specter, the ranking Republican on the Judiciary committee, who has argued that the January 8th start date for confirmation hearings, set by Democrats, doesn't allow for enough time to scrutinize Holder's record -- in particular his role in the controversial pardon of Marc Rich in the last days of the Clinton administration.

Minority Whip Jon Kyl said:

Nobody is talking about a long, long, long delay. We do ask that we be accorded the same consideration that was given to others in this situation and that there be adequate time to confirm him.

And another Senate Republican, Charles Grassley, agreed:

I understand the Judiciary Committee has a large number of boxes of archived documents relating to his employment at the Justice Department and those materials need to be reviewed. We haven't even gotten Mr. Holder's questionnaire, nomination materials or F.B.I. background investigation yet.

But Democrats fired back in support of Pat Leahy, the Judiciary chair who's pushing to begin hearings quickly.

Sheldon Whitehouse, who sits on the Judiciary committee, argued that the schedule was not out of keeping with precedent. He said that the average time between a presidential announcement of a nominee and the first hearing has been 29 days. If the Holder hearings began January 8th, that would be 38 days after the nomination was announced on December 1st.

And now Leahy himself has issued a lengthy statement reiterating his desire to stick to the January 8th start date.

Leahy argues that the politicization of the department under Bush makes it especially crucial to move quickly:

This is no ordinary time. Over the last eight years, political manipulation and influence from partisan political operatives in the White House have undercut the Department of Justice in its mission, severely undermined the morale of its career professionals, and shaken public confidence in our Federal justice system. Never has it been more important to have an experienced hand as Attorney General. I hope our Republican members will resist the temptation toward partisanship and join with us to consider this appointment fairly and promptly.

Leahy even dredges up an old quote from a Senate Republican, from last year when GOPers were pushing for quick hearings on President Bush's nominee, Michael Mukasey. "Attorney general nominees have been confirmed, on average, in approximately three weeks, with some being confirmed more quickly," said one Republican at the time, according to Leahy.

Late Update: More on that quote from last year, just dredged up today by Pat Leahy, in which a Senate Republican argues for a quick confirmation for Bush AG nominee Michael Mukasey. Turns out the quote was from none other than Jon Kyl, who now is stressing the dangers of a quick process for Holder. Thanks to reader CR for the tip.

Arlen Specter

Leahy and Specter At Odds Over Holder Confirmation

Zachary Roth | December 10, 2008, 6:09PM

Trouble in paradise?

Pat Leahy and Arlen Specter, the ranking Democrat and Republican respectively on the Senate Judiciary committee, have had a relationship over the years that, on the whole, has been a model of bipartisan comity as they've passed the gavel back and forth.

But are they falling out over Eric Holder?

In a speech on the Senate floor today, reports The Hill, Specter expressed surprise that Leahy, the committee chair, had scheduled a January 8 kickoff for Holder's confirmation hearing for the Attorney General job. Barack Obama is scheduled to be sworn in January 20.

Specter cited concerns about Holder's role in the pardon of Marc Rich in the
waning days of the Clinton administration.

"We need to be sure the attorney general does not bend his views in any way that is partisan or political," Specter said. "There are many other matters that warrant inquiry."

Given the amount of material to go through, Specter said, the hearings should not begin until January 26 at the earliest.

The speech followed a letter sent last night by Specter to Leahy.

In response, Leahy just now fired off a letter back to his longtime colleague -- "Dear Arlen", it begins -- expressing surprise at Specter's surprise.

Leahy writes:

As I have said repeatedly from the time reports of his likely designation began appearing in the press in mid-November, I thought we should move promptly. It hardly came as a surprise when the President-elect announced that Eric would be a key part of his national security team at the designation announcement on December 1. My recollection is that your initial reaction on November 18 was that you were at that time already reviewing his record. Of course, Eric is someone you and I both know well and have known and worked with for years.

Leahy also cites historical precedent to argue that the timing of the hearings is not unusual:

After the contentious 2000 presidential election, I also proceeded promptly to hold the hearing on the designation by President-elect Bush of John Ashcroft to be Attorney General. John's designation was not formally announced until December 22, but I held his hearing 25 days later. I do not think President-elect Obama should be penalized for proceeding promptly with transition and designating his Attorney General selection three weeks before President Bush had.

I am sure you recall during your first year in the Senate how promptly Chairman Thurmond proceeded on the designation of William French Smith to be Attorney General at the beginning of the Reagan administration. The Committee completed its consideration of President Reagan's lawyer to be the Attorney General of the United States with a vote on January 16, even though he was not designated until December 11. We have known about Eric's designation officially for 10 days, and unofficially for more than three weeks. The Committee would have to vote on January 6, the first day of the new Congress, to approximate that timeline.

President Carter's first Attorney General, Griffin Bell, was not designated until December 18, yet his hearing and Committee consideration were completed by January 19. Approximating that timeline would have the Committee voting before the new Congress even comes into session.

Leahy even brings up past favors he has done for Specter:

I have sought to accommodate your interests on many occasions. I scheduled field hearings for you in Pennsylvania on foreclosure and health care mergers issues, and worked hard to ensure fair treatment and confirmation for nominations in which you had a personal interest.

We'll keep you posted on how this plays out...