Commentary Magazine


Holder — a People Pleaser!

Another entry in the Eric Holder “Can you believe this?” file comes with this report (h/t Main Justice):

In January, after a review by the Office of Professional Responsibility concluded that the authors of the torture memos had committed professional misconduct, Holder allowed the supervisor of that office, David Margolis, to overturn the committee’s conclusion and absolve the lawyers of wrongdoing. Sources close to Holder say that he was disappointed by Margolis’s decision and believed the finding of misconduct was correct — but was unwilling to overrule a nonpolitical employee on such a sensitive issue.

Disappointed? Indeed, he must have been, for the entire mission of DOJ in the first two years of the administration seems to have been defined by a “not Bush” or “get Bushies” mentality. Don’t let the civil rights laws be applied against Black defendants. Don’t follow the Office of Legal Counsel opinion on DC voting rights. Release detainee-abuse photos. Go after John Yoo and Jay Bybee. The problem, however, was that each of these highly politicized decisions was legally flawed and politically untenable even to those in the Department. After all, career attorneys at DOJ did not welcome the investigation of one set of lawyers by a new administration, which took issue with the policy calls of its predecessors.

The rest of the lengthy piece is mostly a rehash of the stories we have heard before — the White House vs. DOJ on terror policy and self-congratulation about the Obama team’s record on civil rights (well, for certain types of cases). But this sums up Holder’s central flaw fairly well and explains why, after replete evidence of his role in the pardon of Marc Rich and Puerto Rican terrorists, he never should have been confirmed:

Like any good political appointee, he was prepared to defend the policy whether he liked it or not. And in that case, maybe it didn’t matter what he supported; promoting the policy was supporting it. I was reminded of something one of his friends had told me, a former DOJ official who has known Holder since the beginning of his career: “Eric has this instinct to please. That’s his weakness. He doesn’t have to be told what to do — he’s willing to do whatever it takes. It’s his survival mechanism in Washington.”

But it makes for a rotten attorney general. And in the case of the Obama administration, it made for a top lawyer far too willing to accommodate the worst leftist impulses in the White House and in the increasingly politicized ranks of the Justice Department. Maybe Holder should start spending more time with his family.