Eric Holder's New Pardon Controversy: Oops He Did It Again

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graphic by twolf

graphic by twolf

Hot off the presses, Tom Hamburger and Josh Meyer at the LA Times have an exclusive on new information detailing Obama Attorney General nominee Eric Holder’s involvement in the ugly and controversial clemency grants given to members of the violent Puerto Rican terrorist groups FALN and Los Macheteros.

"I remember this well, because it was such a big deal to consider clemency for a group of people convicted of such heinous crimes," said Adams, the agency’s top pardon lawyer from 1997 until 2008. He said he told Holder of his "strong opposition to any clemency in several internal memos and a draft report recommending denial" and in at least one face-to-face meeting. But each time Holder wasn’t satisfied, Adams said.

The 16 members of the FALN (the Spanish acronym for Armed Forces of National Liberation) and Los Macheteros had been convicted in Chicago and Hartford variously of bank robbery, possession of explosives and participating in a seditious conspiracy. Overall, the two groups had been linked by the FBI to more than 130 bombings, several armed robberies, six slayings and hundreds of injuries.

The entire Justice Department was vehemently against Holder’s inexplicable determination to force the clemencies against all reason and factual considerations. One has to wonder exactly what was motivating Holder’s shameful refusal to back up his prosecutors and case agents (probably one of the reasons Holder has never been a favorite of line level DOJ personnel).

Holder stiffed prosecutors, FBI case agents and victims:

* He reminded Holder that Holder had in previous cases given "considerable weight" to the recommendations of federal prosecutors, and that any clemencies would "contravene the strong negative recommendation of two United States attorneys."

* Adams also warned that the convicts’ release would undermine at least four pending Read more →

The Constitution and Roland Burris

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Breaking News – OUR LONG NATIONAL NIGHTMARE IS OVER:
USA Today relates that Harry Reid and the Senate Democrats have, predictably, caved:

Senate Democrats will allow Roland Burris to take the seat vacated by President-elect Barack Obama, the Associated Press reports.

this has been an Emptywheel Breaking News Update. Now back to your previously scheduled programming, er post, which describes exactly why Reid, Obama and the Senate Dems have engaged in one of the worst opening acts for an incoming US Congress ever. Fools on the Hill they are.
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Roland Burris went to the hill in Washington DC Tuesday to claim the Senate seat he has been appointed to; but, as Jane Hamsher reports:

The Secretary of the Senate turned Burris away.

Chris Cilizza is on my teevee saying "everything in the Senate is like high school."

No kidding. The optics of this are just awful.

Harry Reid and Senate Democrats, not to mention Barack Obama, have indeed ginned up an extremely ugly mess with their anti-Burris, at all cost, stance; but, as I have been pointing out from the start (see here and here), their little passion play is also unconstitutional. Preeminent Constitutional scholars Bruce Fein and Erwin Chemerinsky agree.

Many people have argued that the Constitution, specifically Article I Section 5, gives Reid, Obama and the Senate Dems the leeway they need to exclude Burris. Not so fast says Fein:

In Powell v. McCormack (1969), the United States Supreme Court held that under Article 1, section 5, "in judging the qualifications of its members, Congress is limited to the standing qualifications [age, citizenship and residency] prescribed in the Constitution." The court made no distinction between representatives and senators, or between elected or appointed members of Congress. Speaking for the court, Chief Justice Earl Warren (whom President-elect Barack Obama admires) amplified that James Madison, father of the Constitution, and Alexander Hamilton in the Federalist Papers, were emphatic that Congress could not erect qualifications beyond the constitutional floor. Madison argued at the Constitutional Convention that it would be "an improper and dangerous power in the Legislature. The qualifications of electors and elected were fundamental articles in a Republican Gov’t and ought to be fixed by the Constitution. If the Legislature could regulate those of either, it can by degrees subvert the Constitution." Hamilton echoed: "The qualifications of the persons who may choose or be chosen … are defined and fixed in the Constitution, and are unalterable by the legislature."

I know nothing of Roland Burris, in fact had never heard of him prior to this affair. I wish the vacancy of Illinois’ junior Senate seat could have been resolved much more cleanly, but Fein, and the authorities he cites, are dead on correct.

Oh, and Bruce has a bit to say about Harry Reid’s charade Tuesday morning wherein he had the Secretary of the Senate deny Burris’ credentials:

Democrats plan to exclude Mr. Burris by enforcing a rule requiring that credentials presented by Read more →

Reid On Tape Manipulating Illinois Senate Seat Before Blago's Arrest

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h/t MCCS1977

h/t MCCS1977

Thursday I described The Ugly Legal Optics Of Harry Reid’s Burris Battle. There is a new cloud dimming the already ugly optics. An article that just hit the website of the Chicago Sun Times reports Harry Reid already had his heavy ham fisted hand deep in Illinois state politics well before Blagojevich was arrested:

Days before Gov. Blagojevich was charged with trying to sell President-elect Barack Obama’s U.S. Senate seat to the highest bidder, top Senate Democrat Harry Reid made it clear who he didn’t want in the post: Jesse Jackson, Jr., Danny Davis or Emil Jones.

Rather, Reid called Blagojevich to argue he appoint either state Veterans Affairs chief Tammy Duckworth or Illinois Attorney General Lisa Madigan, sources told the Chicago Sun-Times.

Sources say the Senate majority leader pushed against Jackson and Davis — both democratic congressmen from Illinois — and against Jones — the Illinois Senate president who is the political godfather of President-elect Barack Obama — because he did not believe the three men were electable. He feared losing the seat to a Republican in a future election.

This is certainly a stunningly rich development from about every perspective imaginable. Harry Reid has threatened to use the Capitol Police to forcefully haul Roland Burris off the Senate floor should he try to enter because he feels Burris is tainted by Blagojevich’s shady machinations of the open Senate seat. Only it turns out that Reid is the one smack in the middle of Blago’s machinations, not Burris. And it would appear he is on Pat Fitzgerald’s wiretaps doing so.

Blagojevich spokesman Lucio Guerrero confirmed that Reid (D-Nev.) and U.S. Sen. Robert Menendez (D-N.J.) — the new chief of the Senate Democratic political operation — each called Blagojevich’s campaign office separately Dec. 3. Sources believe that at least portions of the phone conversations are on tape.

Before their contacts, Obama’s chief of staff Rahm Emanuel called Blagojevich to tell him to expect to hear from Senate leadership because they were pushing against Jackson and others, according to statements the governor made to others.

The Reid-Menendez calls came a day before a Dec. 4 conversation overheard on government wiretaps where Blagojevich says he “was getting ‘a lot of pressure’ not to appoint Candidate 5.” Candidate 5 is Jackson.

Did I mention that this is a nightmare from every available tangent? Not only is Harry Reid on tape with his finger stuck in the Illinois state pie, we now have Rahm Emanuel, the President-Elect’s Chief of Staff, running flak for Reid’s heavy handed interposition. Now it is certainly understandable that Emanuel and his boss, Obama, would have interest in Obama’s former Senate seat; but, again, the appearance here is unseemly at best.

That said, the main story for the moment is Harry Reid and the Senate leadership. There is no basis for believing Harry Reid is a racist, or that his actions here are particularly racially motivated, but it is no longer possible to dismiss the overtones that the picture must be starting to paint for some African American citizens in Illinois. Reid has been steadfastly determined to block the appointment of three black elected politicians – Emil Jones, Danny Davis and Jesse Jackson, Jr. because they are supposedly "not electable"; in favor of a white woman, Tammy Duckworth who has, you know, been previously found unelectable by the voters of Illinois. Or another white woman, Lisa Madigan, who managed to get elected mostly on the coattails of her powerful Chicago machine daddy. Lovely; what a picture that paints.

Oh, and now that nice gentlemanly 71 year old Roland Burris, another black man, who has previously been elected to statewide office in Illinois, can’t be permitted in the hallowed Senate doors either. George Wallace must be laughing his butt off at Reid’s bad optics and unseemly folly. And this is all occurring over the seat of the only black man in the lilly white United States Senate that was just vacated by the groundbreaking President-Elect Barack Obama. Malignant idiocy abounds.

Harry Reid will be the featured guest on Meet the Press Sunday morning. Jane Hamsher has already raised the curious difference between how Reid Read more →

Fitzgerald Makes His Move for More Time; Blago Agrees!

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images5.thumbnail.jpegJust a few hours ago Marcy hypothesized on Illinois Governor Rod Blagojevich’s next move. Well, he has made the move. In a pleading just filed and encaptioned: GOVERNMENT’S UNOPPOSED FIRST MOTION FOR AN EXTENSION OF TIME TO RETURN INDICTMENT PURSUANT TO 18 U.S.C. § 3161(h), Fitgerald relates:

The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD, United States Attorney for the Northern District of Illinois, respectfully moves this Court, pursuant to 18 U.S.C. § 3161(h)(8), for a 90-day extension of time, to and including April 7, 2009, in which to seek the return of an indictment against the defendant…

As Marcy thought, the real meat of the motion is sealed, but the operative language that is public is as follows:

A number of factors have led to the government’s request for an extension and the length of the extension being sought. One factor that affects the length of the requested extension is that federal holidays have limited the dates and times that the government will be able to present evidence to the Grand Jury. The federal grand juries are not sitting during the week of December 22nd (Christmas week) or the week of December 29th (New Years Day week). The remaining factors that have led to the government’s request for an extension are stated in the Attachment hereto, which the government respectfully requests be placed under seal. The government is requesting that this Attachment be sealed so as not to compromise its ongoing investigation and so as not to reveal matters occurring before the Grand Jury.

But the Key language that I think any lawyer would find fascinating here is at the very end of the document:

Following telephone calls and/or meetings over the past week, counsel for both Blagojevich and Harris have represented that they do not object to this motion. (emphasis added)

As Marcy noted, this is in the face of the Senate Democrats trying to make the legally touchy case that they can avoid seating Burris and adds to the pressure on the legislative impeachment committee.

So why did Fitzgerald do it? Easy, he needs more time to get all the evidence, especially the most recently acquired material (which is still coming in on the Senate seat portion of the case) organized to his meticulous satisfaction.

The much better question is why the defendants both agreed to the delay with no opposition Read more →

Fold The Holder Nomination

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graphic by twolf

Clearly it is Eric Holder day here at FDL and I didn’t want to be left out of the party. Especially since I was one of the ones starting it. Now Looseheadprop has covered a lot of the ground, here, here and here and Dr. Kirk Murphy here and here, but I would like to elaborate and knock back a meme that has been floated by Glenn Greenwald, namely that Holder’s involvement in the Chiquita matter is just principled, zealous representation of his client akin to the heroic souls that have taken the mantle of defending Gitmo detainees.

I’ve seen some attempts to criticize Holder based upon clients he has represented while in private practice, most notably his defense of Chiquita Brands in a criminal case brought by the DOJ arising out of Chiquita’s payments and other support to Colombian death squads. Attempts to criticize a lawyer for representing unsavory or even evil clients are inherently illegitimate and wrong — period. Anybody who believes in core liberties should want even the most culpable parties to have zealous representation before the Government can impose punishments or other sanctions. Lawyers who defend even the worst parties are performing a vital service for our justice system. Holder is no more tainted by his defense of Chiquita than lawyers who defend accused terrorists at Guantanamo are tainted by that.

I admire Glenn Greenwald’s writing and respect his work immensely, but I take pretty big issue with this position. The key that Greenwald is putting in the wrong lock is that those ethical standards of guaranteed zealous representation, like the detainees at Gitmo and other defendants are entitled to, apply to formally charged actual criminal defendants.

Chiquita, their executives, offices and board, et al. were not. Instead, what you had here was a dirty as mud corporation that had been illegally and immorally playing both sides a third world country’s violent terrorist/factional problem, sometimes clandestinely with the CIA, including drug running and attendant money laundering, but always for the benefit and profit of Chiquita. You then have this complicit company, whose powerful Board member Rod Hills (and his wife, Carla Hills, a powerful former DOJ official and significant voice with the Bush Administration) is a major friend, supporter and donor to the Bushies, conspiring with the Bush DOJ to whitewash and cover up all this muck. And that is what Holder and the DOJ, together, did. Read more →

Napolitano To DHS; Skeletor To Be Buried

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images.thumbnail.jpegAs most of you know, I firmly supported Janet Napolitano for Attorney General in the new Obama administration. It looks as if Eric Holder will be the Attorney General instead, but CNN has just announced that Napolitano will be the choice for Department of Homeland Security. Here is the Reuters headline:

U.S. President-elect Barack Obama’s top choice to lead the U.S. Department of Homeland Security is Arizona Gov. Janet Napolitano, CNN reported on Wednesday, citing multiple sources.

The Democratic governor, a supporter and campaigner for Obama’s presidential campaign, had been reported to be on a short list of people to fill cabinet posts in the new administration.

Assuming she makes vetting and is confirmed, Janet will make a fantastic Secretary of DHS. Some of the skills and abilities I pointed out as qualifications for AG will serve her very well as Homeland Security.

Napolitano is well versed and experienced with constitutional law and civil rights, having been mentored as the hand picked protege of one of the country’s great Constitutional scholars and authorities, John P. Frank, one of the two legal fathers of the Miranda decision. She has sizable long term experience not only as the Arizona Attorney General (a huge office), but also as chief executive of an entire state government as Arizona Governor. Of critical significance, she was the US Attorney for the District of Arizona for six years under President Clinton, prior to her terms in state office as Arizona’s AG and Governor.

The job ahead is going to, in addition to the legal skills, require someone with Federal experience and the established ability to manage a giant bureaucracy. Janet Napolitano has a very rare combination of background and experience to fit that bill. The attention to bureaucratic detail, not just in Washington DC, but in all of the 93 US Attorney district offices is going to have to be immense. Wholesale institutional change needs to be implemented, and malefactors rooted out.

Janet Napolitano has this ability in droves over any other candidate discussed for AG. She is spectacularly good at bureaucratic detail and getting big entities working as an efficient team. Janet has an incredibly feel good aura around her, and it is contagious to those working with and for her. She is a master team builder, both in terms of efficiency and competence as well as morale and attitude. Janet has already exhibited her turnaround skills in her Read more →

Obama’s Long Arm/Short Arm Stiff Of The Netroots

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When I was first sworn into the bar, I had the good fortune of being mentored by an experienced and wise senior partner. One of the first things that he taught me in dealing with other parties was to be aware of the long arm-short arm syndrome. This is where a person has a long arm for taking, and a short arm for giving.

When it comes to the netroots, Barack Obama has the long arm-short arm syndrome. He has taken much from us in terms of support, voice, momentum, money, footwork and energy. Obama has given little, if anything, in return to the netroots. Unless you count disdain and scorn. And pokes in the eye with a blunt stick.

Let’s go through a bill of particulars, starting with oh, say, today:

Eric Holder: Eric Holder is a horrid choice for Attorney General. Looseheadprop knows this and gave her take earlier. Holder conspired with his friend Scooter Libby to get a pardon for Marc Rich; Obama must have been mighty impressed by that. Or maybe he was more impressed with Holder’s ability to skate his Republican/Bush bigwig friends at Chiquita Brands for their complicity in paying millions of dollars to rightwing death squads in Colombia that murdered union leaders and workers. Uh, and then Chiquita paid off the other side. While they were probably smuggling narcotics for the CIA. Another excellent entry on the resume for Obama I guess. Oh, and Holder was not very popular with the career rank and file at DOJ when he was there; he was seen as very divisive. So we got that going for us. Just what is needed for the rotting carcass at DOJ that Bush/Cheney is leaving.

In short, hey, seriously, if you like the corporate apologist, rich people coddling, torturing approving and covering, illegal wiretapping loving, breakdown in the career ranks bullshit DOJ of the last eight years, you will absolutely love Eric Holder. He will, of course, be nominally better that Mukasey. If that is good enough for you, he is your guy! Thanks Barack!

Joe Lieberman: As y’all might have heard, Rape Gurney Joe Lieberman was ejected from the Democratic Caucus, er stripped of his DHS Chair, …. Oh, hell, Harry Reid kissed the sucker on both cheeks and thanked the back stabbing little prick for being magnanimous. Read more →

Why Janet Napolitano Is Right For Attorney General

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The election is nigh 24 hours in the bank, and the rumor wires and scuttlebutt are exploding with discussion of the makeup of President-elect Barack Obama’s cabinet and staff to be. Attorney General is a critical post in any administration; but perhaps at no time in the history of the United States as important as at this moment.

The thankless task of recreating the once shining star that was the Department of Justice will take a special skill set from the person chosen to be the next AG. DOJ Main is a festering mess; stocked with Cheney/Bush political lackeys and consiglieri, unqualified and inexperienced Regent plants, and literal criminals that have aided and abetted the evisceration of our Constitution and commission of torture and other war crimes.

A department of expediency over honesty and integrity was grown by the Bushies. From DOJ Main down through the line level career prosecutors in the various District US Attorney Offices, credibility and trust have been felled. The once shining continuity of impartiality, justice and rule of law is in dysfunctional chaos.

Janet Napolitano is the right person, the best qualified and most suited, by far, to meet the daunting challenge ahead at Attorney General.

Napolitano is well versed and experienced with constitutional law and civil rights, having been mentored as the hand picked protege of one of the country’s great Constitutional scholars and authorities, John P. Frank, one of the two legal fathers of the Miranda decision. She has sizable long term experience not only as the Arizona Attorney General (a huge office), but also as chief executive of an entire state government as Arizona Governor. Of critical significance, she was the US Attorney for the District of Arizona for six years under President Clinton, prior to her terms in state office as Arizona’s AG and Governor.

The job ahead is going to, in addition to the legal skills, require someone with Federal experience and the established ability to manage a giant bureaucracy. Janet Napolitano has a very rare combination of background and experience to fit that bill. The attention to bureaucratic detail, not just in Washington DC, but in all of the 93 US Attorney district offices is going to have to be immense. Wholesale institutional change needs to be implemented, and malefactors rooted out.

Janet Napolitano has this ability in droves over any other candidate discussed for AG. She is spectacularly good at bureaucratic detail and Read more →

Get Them Elected!

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Well. Okay. As Rachel Maddow would say, Marcy has "talked me down". I am resigned to the fact that senator Obama will not be coming to Arizona.

Plouffe didn’t commit to going to Arizona (sorry bmaz)–when referring to Saturday’s trip out west, he said only that they were going "back out west" with no details about locations (though the campaign has already released the schedule showing a Henderson, NV event followed by a Pueblo, CO event). He also said that, with the big map Obama has, it’s really tough getting every place they need to go. If they had "a few more days," he suggested, he might have made a visit to Arizona.

Now, all you "let’s be gracious to McCain" folks out there can rejoice and breathe easy. Advisable not to do that around fellow progressives that actually live in Arizona though; because you have no idea how badly John Sidney McCain III has used and abused our fair state. That is what infuriates us; the "comity" being affirmatively shown to McCain. He doesn’t deserve it after how he has run his campaign; and why should this state be punished yet again as a result of him? We have suffered enough from that jerk over the years, thank you very much. Having it be about graciousness to the weasel McCain, as opposed to just time constraints, is too much to bear. So it was a time issue is why Obama is not coming. Yeah, that’s the ticket!

Now, what I can do, and what you all can do as well, is work hard, donate, call, talk to neighbors – anything, everything, between now and the close of the polls on Tuesday to keep the progressive and Obama wave alive and rolling. That is what we can all do in Arizona, and across the nation. The finish line is in sight; no time for coasting – peddle to the metal baby!

Now, for a little housekeeping and advisory here. Tonight, we have a special interactive little Halloween naming game for any that will be around and on the toobz. That will go up around 7-7:30 pm Eastern. And we will also be getting trash talk up earlier and better than last week; either late tonight, or early tomorrow morning.

The video is from a guy who is actually a neighbor of Read more →

The Rule Of Law: Excising The Local NeoCon Rot

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The FDL family has had a profound positive impact on the federal scene on issues surrounding the rule of law. We are all hurt when justice is politicized. As I pointed out in Deceit In The Desert, the problem with politicization at the state and local level in many places is every bit as bad, and the effects every bit as ruinous.

In Maricopa County Arizona a battle to turn the tide and restore the fair and equal rule of law is in full tilt in the last two weeks leading up to the election. In the video, governor Janet Napolitano, former Arizona Attorney General and United States Attorney for Arizona, describes the critical significance of the office of county attorney, and how Tim Nelson will repair it. Let me tell you about the guy that broke it and who must be ejected from office.

Andrew Thomas has been the theocratic right wing tool in office as the Maricopa County Attorney since 2004. Attorney Gerald Richard, who represented the Phoenix Police Department and law enforcement interests for over 19 years, had this to say about Thomas:

As County Attorney, he has diverted resources away from prosecuting violent criminals to persecuting immigrants charged with “smuggling themselves.” His wiretapping of the Serial Shooter suspects without a court order could jeopardize the expected convictions in the case. Thomas has cut training for his staff attorneys by 90-percent, creating Read more →

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