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What’s the Right Ethical Batting Average for the AG?

The Washington Times reports that a tumultuous hearing awaits Eric Holder:

Sen. Charles E. Grassley, Iowa Republican and a member of the Judiciary Committee, told reporters Wednesday Mr. Holder’s quest for confirmation will not be “smooth sailing.”

“He still may end up being attorney general. And I wouldn’t say that I wouldn’t vote for him because you can’t say he’s not qualified for it; he is qualified,” Mr. Grassley said. “But there’s a lot of people that are qualified.They have other reasons that maybe they shouldn’t be in that position.”

Republicans are gearing up to vigorously question Mr. Holder during the hearing, particularly about his time as the deputy attorney general, the Justice Department’s No. 2 post, under President Clinton.

Sen. Arlen Specter, Pennsylvania Republican, delivered a speech Tuesday on the Senate floor criticizing Mr. Holder’s role in the controversial pardon of fugitive financier Marc Rich. Mr. Specter also criticized his involvement with clemency being given to members of a Puerto Rico nationalist organization that the FBI considered terrorists, and his part in the decision by Justice not to investigate allegations of campaign-finance violations by then-Vice President Al Gore.

“Some of his actions raised concerns about his ability to maintain his independence from the president,” Mr. Specter said. He drew parallels to former Attorney General Alberto R. Gonzales, who resigned in 2007 after a tumultuous term in which critics accused him of making decisions based on direction from the White House, at times to the detriment of the Justice Department.

Now, as many conservatives have found out the hard way, Specter is not a legal conservative or an advocate of judicial restraint. But that’s not what is at issue here. Certainly, some conservatives are concerned about Holder’s views on the Second Amendment, for example. But he will no doubt recite the platitude that he’ll follow the Supreme Court’s decision in D.C. v. Heller. The primary concerns revolve around Holder’s adherence to Justice Department guidelines and ethical standards for all government attorneys and his candor during prior testimony before Congress.

The Democrats are rounding up the usual ideological defenders of judicial liberalism — everyone from the ACLU to the NAACP will sing Holder’s praises. But if that’s what the defense consists of, they’re fighting the last war(s). This isn’t a Supreme Court confirmation hearing, and the Republicans by and large aren’t focusing on legal philosophy. The Democrats would do better to get some legal-ethics gurus to attest that Holder behaved properly in the controversial pardon decisions. But wait, I don’t think they have any of those sorts of witnesses. They would be hard to come by.

And they are going to have a tough enough time when Specter and the other Republicans start reading back the comments of Democrats in 2001 who found the Rich pardon and Holder’s involvement in the same to have been unacceptable. So the Democrats are employing the tried and true tactic utilized when there is a serious problem with a nominee of theirs: changing the subject. They’ll talk about all the wonderful achievements in Holder’s career; they’ll describe other instances in which Holder behaved ethically (What’s the right batting average for ethics — .500? .250?). And they’ll emphasize the ground-breaking nature of his nomination as the first African-American attorney general. But lots of attorneys have distinguished careers, have perfect records on ethics and would meet the diversity criterion (if there was one). Larry Thompson comes to mind, for example.

So questions remain: why Holder, and why someone with serious character issues — including a failure to be entirely candid with Congressional investigators — deserves to be attorney general? That’s what the hearing will be about. And that’s why Democrats are circling the wagons.

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3 Responses to “What’s the Right Ethical Batting Average for the AG?”

  1. Max says:

    Specter represents a critical vote for his party that is unreliable when it’s critical for his party.

  2. CK MacLeod says:

    If the Rs can’t replace 90% useless ancien regime types like Specter in 2010, then it won’t really make much difference anyway. We need to aim for a situation in which the ones that look close now are gimmes by 2010. Otherwise, the way things are stacked in the Senate, we’re just a bunch of kids trading baseball cards for all the impact we’re likely to have.

  3. William says:

    “conservatives are itching for a fight and for the chance to extract a pound of flesh.”– jennifer rubin

    Isn’t this always the case? Conservatives want an excuse to wage war, even if their pound of flesh costs them a pound and a half of their own.

    So you knock out or damage Specter and blue-trending PA elects a democrat. Where does that leave you?

  4. Banjo says:

    Specter is the worst kind of RINO, no better than the ladies of Maine..

  5. Hurf says:

    Toomey will lose and hand the Pennsylvania seat to a Democrat, especially if he depends on the pathetic Randoids and cranks making up that “tea party” rabble.

  6. Jack says:

    Specter’s typical 6-year term: 5 years as a Democrat, 6 months as a Republican, and 6 months campaigning. Toomey’s presence may turn Specter into a Republican a year earlier than usual.

    But, despite Specter’s antics, the GOP’s best path forward is Toomey running for Governor. Rendell will be term-limited in 2010, and a Gov. Toomey could restore the GOP brand in the 5th-largest state.

  7. Chris says:

    Thanks for the link!

  8. jason n. says:

    We are better off having a dem win than specter, since they both vote with obama anyway a dem will not provide the mirage of bipartisanship that specter does.

  9. Margo says:

    I don’t know much about PA politics, but I’d like to recommend that those in favor of unloading scare-quote Republicans like Specter consider donating to the Club for Growth. It’s a good way to support politicians committed to prosperity and personal freedom.

  10. Xavier says:

    Should former Republican Governor Mark Schweiker, whose leadership and competence in the Quecreek Mine rescue is still celebrated, seek the governorship, Pat Toomey on the ticket as Senate candidate would get a significant boost.

  11. PA TONY says:

    Hey Jennifer – Arlen Specter does not have Pres. Bush or Rick Santorum in the primary challenge to give him that 8-10 point edge. However he can always call Sen. Boxer, who called him a great American for voting for the porkulus bill (in Rio Linda – stimulus bill). Pat Toomey your phone is ringing. I need your address – my checks are on the way.

  12. Les Grossman says:

    Benedict Arlen is finished. PA conservatives will vote against him in the primary. I think it ends right there. And if the old coot gets lucky, due to some form of Operation Chaos with Dem crossovers in Philly, it will end in November. Conservatives in PA hate him. He’s done.

  13. Neo says:

    The last time Pat Toomey tried to unseat Specter, Governor Ed Rendell count his own “Operation Chaos” having Democrats register as Republicans for the Spring primary then switch back to Democrat for the general election.

  14. Gord says:

    I’ll roll the dice. I can’t stand Specter and would give money to Toomey. And I don’t live anywhere near Pennsylvania.

  15. Dan says:

    Stop wasting time pandering to Republican Senators from blue states, which is foolhardy.

    Secure the Senate seats from the Mountain West, secure every single state that has reliably gone Red over the last 4 election cycles. Start with that as your base line, then branch out to those states that are “purplish” or tending there towards.

    But give up trying to wrest seats in New England, and give up trying to keep seats in reliably blue states. It’s counter-productive.

    But there’s one thing more too. BOUNCE, EJECT, if necessary, bodily expel wimpy Republicans from soundly and robustly Conservative states, —————– Lindsay Graham comes immediately to mind. South Carolina is one of the most conservative states in the union. Her Senate members ought to be STRONGLY and vigorously conservative. But when South Carlonians allow themselves to nominate a wimp, and reelect that same wimp, they’re letting down Republicans all across the country, WHO LOOK TO THEM to send a forceful delegation to the Senate.

    As for Specter, —————————– let’s be clear with one another, ——————————— he’s an a**hole. In a city known for uncommon and unusual a**holes, Specter still stands out amongst all of those a**holes who are just your ordinary run-of-the-mill variety.

    And his staff reflects his disposition, ———————— which is nothing to brag about for them.

    So get rid of him. Buonce him, and what’s more, mock and ridicule him right out the door.