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Tag Archives: Eric Holder

Bush Taught, Obama Learned

20 Monday Jun 2011

Posted by Craig in Congress, Constitution, George W. Bush, Justice Department, Libya, Obama, Politics

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Eric Holder, FBI, George W. Bush, hostilities, Justice Department, Libya, Lindsey Graham, Meet The Press, Newshoggers, Obama, Office of Legal Counsel, Pentagon, shut up, War Powers Resolution

From an editorial in the St. Petersburg Times, May 21, 2006, via Newshoggers:

“[T]he changes that George W. Bush has made to our nation’s constitutional firmament may not depart with the first family’s bags. His disregard for the separation of powers has so dramatically distorted the office of the president that he may have engineered a turning point in American history.

…Bush has taught tomorrow’s leaders that, if there are no consequences for ignoring legal constraints on power and if no one stops you from conducting the nation’s business in secret, you don’t have to be accountable. He is ruling through the tautological doctrine of Richard Nixon, who told interviewer David Frost that as long as the president’s doing it “that means it is not illegal.”

…Holding the executive branch to account for its actions, demanding that it respect the law and insisting that it fully report to Congress on its activities – these are nonnegotiable duties of Congress, because they are key part of our inheritance.

Being answerable to another is humbling. It makes you more careful in your actions. It requires that you consider how you will defend your decisions. George Bush has freed himself of this constitutional imperative and is showing the next president, and the next, how it is done.”

Bush taught, Obama learned, as evidenced by recent events. Like the expansion of the FBI’s investigative powers:

“The Obama administration has long been bumbling along in the footsteps of its predecessor when it comes to sacrificing Americans’ basic rights and liberties under the false flag of fighting terrorism. Now the Obama team seems ready to lurch even farther down that dismal road than George W. Bush did.

Instead of tightening the relaxed rules for F.B.I. investigations — not just of terrorism suspects but of pretty much anyone — that were put in place in the Bush years, President Obama’s Justice Department is getting ready to push the proper bounds of privacy even further.”

Like ignoring the advice of the Attorney General, the Pentagon general counsel, and the head of the Office of Legal Counsel on the president’s convoluted definition of “hostilities”:

“President Obama rejected the views of top lawyers at the Pentagon and the Justice Department when he decided that he had the legal authority to continue American military participation in the air war in Libya without Congressional authorization, according to officials familiar with internal administration deliberations.

Jeh C. Johnson, the Pentagon general counsel, and Caroline D. Krass, the acting head of the Justice Department’s Office of Legal Counsel, had told the White House that they believed that the United States military’s activities in the NATO-led air war amounted to “hostilities.” Under the War Powers Resolution, that would have required Mr. Obama to terminate or scale back the mission after May 20.

…Other high-level Justice lawyers were also involved in the deliberations, and Attorney General Eric H. Holder Jr. supported Ms. Krass’s view, officials said.”

But the Executive’s ability to expand power and ignore existing law becomes easier with idiots like Lindsey Graham ready, willing, and able to lend a helping hand with statements such as this:

“Sen. Lindsey Graham (R-S.C.) said Sunday that Congress should not interfere with U.S. operations in Libya. “Congress should sort of shut up and not empower Qadhafi,” Graham said on NBC’s “Meet the Press.”

Pull out that copy of the Constitution that I’m sure is in your coat pocket, Sen. Graham. See what it says about Congress’ responsibilities and duties relating to the declaration and funding of war. I don’t think “shut up” is among them.

Politicization of the DOJ Hasn’t “Changed”

06 Tuesday Jul 2010

Posted by Craig in Justice Department, Obama, Obama administration, Politics, terrorism, war on terror

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Alberto Gonzales, Bush, Cheney, Department of Justice, Eric Holder, Pat Leahy, Sept. 11 conspirators, trials, White House

A trip down memory lane:

“Remember the plaintive cries of Democrats and progressives about the wrongful politicization of the Department of Justice by the Bush/Cheney Administration? Remember the stunning chart Sheldon Whitehouse whipped out at a Senate judiciary hearing on Alberto Gonzales’ tenure as AG showing how politicized the hallowed independent prosecutorial discretion of the DOJ had become under Bush, Cheney and Gonzales? The one that Pat Leahy called “the most astounding thing I have seen in 32 years?

That was in late April of 2007, little more than three years ago.”

Fast forward to Sunday (emphasis added):

…the decision on where to hold the high-profile trials of Mohammed and four others accused of being Sept. 11 conspirators has been put on hold and probably will not be made until after November’s midterm elections, according to law enforcement, administration and congressional sources.

In an unusual twist, the matter has been taken out of the hands of the Justice Department officials who usually make prosecutorial decisions and rests entirely with the White House, the sources said.

“It’s a White House call,” said one law enforcement official, who spoke on condition of anonymity to discuss internal deliberations. “We’re all in the dark.”

Attorney General Eric Holder says it ain’t so:

“Holder, at a June 17 news conference, denied any political motive. “The conversations that we are having are ongoing,” he said. “The political thing . . . the fact of the elections, is not a part of the conversations at all.”

And if you’ll buy that…..

Why Is This Man Not Facing a War Crimes Tribunal?

16 Tuesday Feb 2010

Posted by Craig in Dick Cheney, Justice Department, Obama, Politics, torture, war on terror

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Andrew Sullivan, Convention Against Torture, Dick Cheney, Eric Holder, Geneva Conventions, This Week, torture, war crimes, waterboarding

Every time I see former Vice-President Dick Cheney interviewed on any news program, national or otherwise, I think to myself, ‘Why is this man here and not facing a war crimes tribunal?’ Cheney made a remark during an interview with Jonathan Karl Sunday on ABC’s This Week, a remark made almost in passing, that once again brought that question to mind:

KARL: Did you more often win or lose those battles, especially as you got to the second term?

CHENEY: Well, I suppose it depends on which battle you’re talking about. I won some; I lost some. I can’t…

KARL: … waterboarding, clearly, what was your…

CHENEY: I was a big supporter of waterboarding. I was a big supporter of the enhanced interrogation techniques that…

KARL: And you opposed the administration’s actions of doing away with waterboarding?

CHENEY: Yes.

It never ceases to amaze me, although it’s not the first time it has happened and undoubtedly won’t be the last, that a former vice-president of the United States of America can openly and brazenly confess to something which the Geneva Conventions and the United Nations Convention Against Torture recognize as torture, something for which members of the Japanese military were punished after World War II. Torture, a punishable offense under U.S. Code 2340A by imprisonment or death. And he can do so without any fear of reprisal, thanks to the ‘look forward, not back’ policy of the Obama administration.

Shameful.

Andrew Sullivan at the Daily Dish calls on Attorney General Eric Holder to take action or be considered an accessory, also a punishable offense:

“…the attorney general of the United States is legally obliged to prosecute someone who has openly admitted such a war crime or be in violation of the Geneva Conventions and the UN Convention on Torture. For Eric Holder to ignore this duty subjects him too to prosecution. If the US government fails to enforce the provision against torture, the UN or a foreign court can initiate an investigation and prosecution.

Cheney himself just set in motion a chain of events that the civilized world must see to its conclusion or cease to be the civilized world. For such a high official to escape the clear letter of these treaties and conventions, and to openly brag of it, renders such treaties and conventions meaningless.”

These are not my opinions and they are not hyperbole. They are legal facts. Either this country is governed by the rule of law or it isn’t. Cheney’s clear admission of his central role in authorizing waterboarding and the clear evidence that such waterboarding did indeed take place means that prosecution must proceed.

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