Attorney General Eric Holder left out an important detail from his speech today in which he scolded Americans about not repeating their alleged bias toward Muslims after 9/11. He was on firm ground when he rightly denounced any “misguided acts of retaliation” against Muslims after the Boston Marathon bombing. But in resurrecting the myth that Arabs and Muslims suffered a post-9/11 backlash by an America that was driven to prejudice by terrorism, the top law enforcement official in the nation forgot to tell a gathering of the Anti-Defamation League that attacks against Muslims have been statistically insignificant after 2001 and remain far below the level of reported attacks and incidents involving anti-Semitism.
Ironically, the head of his host organization—which is celebrating its centennial—pointed this out in an interview just this past weekend in Israel’s Haaretz newspaper. Foxman effectively debunked Holder in advance when he said the following:
“There are ten times as many acts directed against Jews as there are against Muslims,” Foxman says. “That doesn’t mean that there isn’t animosity toward Muslims, but even after Boston, you’re not seeing attacks against mosques, you’re not seeing people demonstrating in the streets. That’s something very unique in this country. It’s almost a miracle. It would never happen in Europe.”
He continues, “When people applauded in Boston that the terrorists were captured, there was no negative [repercussion]. The same thing happened after 9/11 – we were so concerned at the time that we took out an ad in the New York Times: ‘You don’t fight hate with hate.’ But it didn’t happen. And it’s not happening now. And that drives the Islamophobes crazy. It drives them nuts.”
Foxman’s right. It didn’t happen after 9/11 and it’s not happening now, which makes the disapproving tone of Holder’s diatribe somewhat suspicious. As I pointed out in an article in COMMENTARY in 2010 on the impact of the post-9/11 backlash myth on the Ground Zero mosque controversy, though the idea of a wave of discriminatory attacks against Muslims has been mentioned so often in the media that it has become an accepted truth, it isn’t borne out by the record. Every subsequent release of FBI hate crime statistics tells the same story: attacks against Jews far outnumber those against Muslims and Arabs even during the periods when the latter were supposedly under siege.
During a speech to the Mexican American Legal Defense and Educational Fund, Attorney General Eric Holder said that creating a “pathway to earned citizenship” was a “civil right.” Mr. Holder put it this way:
Creating a pathway to earned citizenship for the 11 million unauthorized immigrants in this country is essential. The way we treat our friends and neighbors who are undocumented – by creating a mechanism for them to earn citizenship and move out of the shadows – transcends the issue of immigration status. This is a matter of civil and human rights. It is about who we are as a nation. And it goes to the core of our treasured American principle of equal opportunity.
As someone who believes in earned citizenship if it’s done in the context of other steps related to border security and encouraging more high-skilled workers coming to America, perhaps I have a bit of standing to say that what Holder said is nonsense. Offering earned citizenship to illegal aliens falls under the category of prudential arguments about immigration reform. There are serious policy arguments on both sides.
But Attorney General Holder’s claim is more than simply silly; it is also pernicious. It attempts to frame this debate not on the merits of granting a pathway to citizenship for those who have violated our laws; it’s an effort to frame it as a conflict between those who support (good people) and those who oppose (bad people) basic human rights. This is an effort, in other words, to demonize those with whom one disagrees, and therefore creates yet more polarization and anger and self-righteousness in a debate that probably needs less of it.
A lengthy report released by the Department of Justice inspector general’s office this afternoon cites serious failures in management related to the Fast and Furious scandal, singling out 14 employees for sanction review but ultimately finding that Attorney General Eric Holder had no knowledge of the operation prior to early 2011. The Wall Street Journal reports:
A Justice Department watchdog recommended that 14 employees be reviewed for possible sanctions in light of a “pattern of serious failures” at the department and the Bureau of Alcohol, Tobacco, Firearms and Explosives in overseeing the botched Fast and Furious operation against gun traffickers.
Justice Department Inspector General Michael Horowitz released the more than 400-page report Wednesday, the most extensive review of the actions by federal officials in Arizona and Washington that led to the scandal.
Among his findings, he said that Attorney General Eric Holder wasn’t aware of the tactics being used in the operation until early 2011, an issue that has become a point of contention with Republican lawmakers who have accused Mr. Holder of authorizing the flawed probe.
The Obama administration won a victory today in their campaign to strike down voter ID laws. Only days after the United States District Court for the District of Columbia invalidated Texas’s new congressional and legislative districts, the same court struck down the state’s voter ID law. The court accepted the Justice Department’s arguments that the bill placed an undue burden on poor and minority voters. Texas has said it will appeal to the U.S. Supreme Court and its attorney general says he can prevail there because the court has previously ruled that voter ID laws are constitutional. State courts have upheld a voter ID law in Pennsylvania but Texas’ problem is that because of its past history of racial discrimination, it must get federal approval for anything relating to voting rights. But those looking for the Supremes to reinforce their previous decision on voter ID may be disappointed. The issue at stake in the Texas case will be the constitutionality of the federal Voting Rights Act that gives Washington the power to oversee the state’s laws rather than voter ID itself.
In states not affected by the Voting Rights Act, courts can weigh efforts to prevent fraud on their own merits. The overwhelming majority of Americans back voter ID laws because they are inherently reasonable. If you need a picture ID to board an airplane, an Amtrak train, conduct even the most simple transaction with the government or a bank as well as buy a beer, most people rightly think that you should have to do as much to vote. Given that, contrary to fallacious Democratic talking points, voter fraud has always been a concern in American politics; the courts have upheld such laws as both prudent and obviously constitutional.
The House Oversight Committee is holding five Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) officials responsible in the Fast and Furious operation failures, according to a draft report released last night:
The report determined that five officials in the ATF were responsible, ranging from a former low-ranking special agent to the former acting head of the agency. Congressional investigators called attention to the weak leadership at the ATF and pushed for the agency to be strengthened.
“Strong leadership is needed at ATF to overcome the deep scars left by Operation Fast and Furious,” the report states. “Greater accountability within ATF would underscore that ineffective supervision and recklessness both have consequences.”
Specifically, the report pins blame on former Special Agent in Charge of the Phoenix Field Division William Newell, former Deputy Assistant Director for Field Operations William McMahon, former Assistant Director for Field Operations Mark Chait, the former Deputy Director William Hoover, and former acting ATF director Kenneth Melson.
Senate Republicans have been calling on President Obama to appoint a special prosecutor to look into the national security leaks from the White House. This is even more critical in the wake of the Eric Holder contempt vote, as the same Obama-appointed U.S. attorney is now in charge of dealing with the charges against Holder and the investigation into the intelligence leaks.
The most obvious problem is the conflict of interest. It’s doubtful that U.S. Attorney for D.C. Ronald Machen, an Obama appointee, can fairly investigate his own boss (Eric Holder), or his boss’s boss (President Obama) in either the leak cases or the Fast and Furious stonewalling.
As expected, the House voted to hold Attorney General Eric Holder in contempt of Congress, largely along party lines, 255 to 67. Seventeen Democrats crossed over to vote for contempt with the GOP, while more than 100 Democrats sat out the vote in protest.
Now that the resolution has passed, the issue will be turned over to the Obama-appointed U.S. Attorney for D.C. Ronald Machen to decide whether he wants to pursue charges against Holder, who is, of course, Machen’s boss. Machen, as you may recall, is also leading the investigation into the White House national security leaks, and Republicans have already been raising alarms about that conflict of interest.
According to CNN, Machen has no obligation to do anything with the Holder dispute, and considering his position, he probably won’t. But the GOP will likely point out that the White House is blocking two investigations from independent scrutiny, a major deviation from its rhetoric on transparency.
The Associated Press (AP) has reported on three emails from 2011 that Attorney General Eric Holder showed members of Congress at a Tuesday meeting, during his last-ditch effort to avert today’s contempt vote. The emails supposedly show Holder hadn’t known about Operation Fast and Furious until February 2011 and immediately set out to get to the bottom of the issue.
Keep in mind, the AP didn’t see the actual emails — the contents were “described” by people who had seen them — and there are few specific quotes given in the article. If this is supposed to be evidence that Holder was doing the right thing, it seems pretty flimsy:
CBS News ran a story on Feb. 23, 2011. On March 3, CBS followed up, and the non-profit Center for Public Integrity weighed in with its own online account.
On Feb. 23, aides passed along to the attorney general the CBS story alleging gun-walking, and the attorney general shot back, “We need answers on this. Not defensive BS. Real answers.”
Five days later, Holder asked the Justice Department’s inspector general to investigate.
On March 3…the No. 2 official at the Justice Department, emailed his staff: “We obviously need to get to the bottom of this.”
Holder was skeptical of any assurances.
“I hope the AG understands that we did not allow guns to walk,” an official at the ATF’s Washington headquarters said on March 10 in an email that Holder’s aides forwarded to the attorney general.
In a response, Holder wrote, “Do they really, really know” that there was no gun-walking?
A day earlier, at Holder’s instruction, the Justice Department had sent out a directive to the field reinforcing a longtime Justice Department policy against gun-walking. The directive said that agents must not allow guns to cross the border into Mexico.
Democrats are trying their best to turn the Eric Holder contempt vote into a racial issue, and Politico reports that the Congressional Black Caucus is planning a walk out protest during the floor vote today:
The Congressional Black Caucus plans to walk off the House floor during tomorrow’s votes to hold Attorney General Holder in contempt of Congress, according to a letter being circulated among members of Congress.
“We adamantly oppose this partisan attack and refuse to participate in any vote that would tarnish the image of Congress or of an attorney general who has done nothing but work tirelessly to protect the rights of the American people. We must reflect upon why we are elected to this body and choose now to stand up for justice,” the CBC members wrote in a copy of the letter obtained by Politico….
“Instead of focusing on job creation and other critical issues before this Congress, we have been asked to engage in a political stunt on the floor of the United States House of Representatives. Our constituents elected us to do real work, not to engage in meaningless partisan activity,” they wrote.
The National Rifle Association (NRA) has leverage with House Democrats running for reelection in conservative districts, and its decision to score the Eric Holder contempt vote (in favor of it) will complicate Minority Whip Steny Hoyer’s attempts to keep Democrats united in opposition (h/t HotAir):
“I think there are some members that will consider the recommendations of the NRA,” Hoyer said to reporters today. “Whether they think those recommendations are founded or not, I don’t know at this point.”
The number of Democratic defections could reach 31, according to House Oversight Committee Chairman Darrell Issa (R-CA), whose committee voted last Wednesday to move the contempt citation to a full House vote.
Issa cites a letter sent from 31 Democrats to the Obama administration last year asking for them to be forthcoming with details of the Fast and Furious gun-walking operation as a template for possible Democratic “yes” votes.
The Washington Post’s Chris Cilizza writes today that the attempt by House Republicans to charge Attorney General Eric Holder with contempt of Congress for stonewalling the investigation into the Fast and Furious scandal is a political loser. According to Cilizza, Congress is so unpopular that any attention given to the House GOP caucus is bad for Mitt Romney’s chances in November. He also thinks any moment taken away from a discussion of President Obama’s handling of the economy is a lost opportunity for the challenger. Though he concedes that being dragged into the mud with John Boehner and company doesn’t help the president, Cilizza is still wrong to think the Republicans’ decision to push hard on this issue is a mistake.
While the Republicans do have to concentrate on the economy, if there is anything we should have learned from the political collapse of the George W. Bush presidency is that fresh problems merely compound an administration’s troubles; they don’t provide an escape hatch. Just as Hurricane Katrina didn’t stop Americans from worrying about the Iraq War, Fast and Furious won’t stop them from being upset about the parlous state of the nation’s finances and job losses. The specter of scandal and the Nixon-like invocation of “executive privilege” merely contribute to the impression that the Obama presidency is tiptoeing along on a precipice and can start slipping down the mountain at any time.
Via the Daily Caller, House Oversight Committee Chair Darrell Issa sent a letter to the White House this morning directly challenging its use of executive privilege to obstruct the Fast and Furious investigation. Issa asserted what others have been saying for days now: the executive order suggests that the White House was either involved in some aspect of the Fast and Furious debacle, or the order was unwarranted.
“[Y]our privilege assertion means one of two things,” Issa wrote to the president in a letter dated June 25. “Either you or your most senior advisors were involved in managing Operation Fast & Furious and the fallout from it, including the false February 4, 2011 letter provided by the attorney general to the committee, or, you are asserting a presidential power that you know to be unjustified solely for the purpose of further obstructing a congressional investigation.”
Issa said Obama’s assertion of executive privilege “raised the question” about the veracity of how the “White House has steadfastly maintained that it has not had any role in advising the department with respect to the congressional investigation.”
I wrote about Rep. Nancy Pelosi putting out the feelers on this ludicrous argument last week, and now it sounds like Democrats are actually going ahead with it. True, the idea that the Eric Holder contempt vote is connected to his efforts to fight “minority voter suppression” is deranged, not just because it makes no sense from a timeline perspective but also because it would require you to willfully ignore his repeated attempts to hinder the congressional investigation of “Fast and Furious.” Unless you want to try to argue that Republicans somehow forced him to be uncooperative with an investigating committee.
This Democratic pushback campaign is being led by none other than MSNBC “News Anchor” Rev. Al Sharpton, reports The Hill:
At the front of the push is a group of seven national civil rights leaders, including the Rev. Al Sharpton…scheduled to hold a press conference Tuesday about the effect that placing Holder in contempt of Congress would have on his ability to protect the rights of black and Hispanic voters, homeowners and immigrants.
“I’m not saying that this is because Holder is black, and I’m not calling [Republicans] racists. I’m saying what they’re doing has a racial effect, and that’s what we’re going to talk about [on Tuesday],” said Sharpton in a phone interview.
“The question one would have to raise is: If he is held in contempt, under that cloud, how does he fight for voter rights? This compromises the Justice Department from being able to do a lot of fighting.”
It was only a matter of time before Democrats played the race card on the Eric Holder contempt vote. What else are they going to say? They need to obscure the real issue here as quickly as possible, and what better way than to shout “racist!” again and again at bewildered Republicans?
Rep. Nancy Pelosi set the liberal narrative yesterday afternoon (h/t Joel Gehrke):
House Minority Leader Nancy Pelosi (D-Calif.), declared that House Republicans are charging Attorney General Eric Holder with contempt of Congress not as part of an investigation into Operation Fast and Furious, but in order to weaken his ability to prevent voter suppression.
“They’re going after Eric Holder because he is supporting measures to overturn these voter suppression initiatives in the states,” Pelosi told reporters during her press briefing today. “This is no accident, it is no coincidence. It is a plan on the part of Republicans.”
Attorney General Eric Holder has a problem with the accuracy of his congressional testimonies.
For example, on May 3, 2011, Holder – when asked when he became aware of the “Fast and Furious” gun-walking scandal, told the House Judiciary Committee, “I’m not sure of the exact date, but I probably heard about Fast and Furious for the first time over the last few weeks.” But as CBS News reported, “Internal Justice Department documents show that at least ten months before that hearing, Holder began receiving frequent memos discussing Fast and Furious.” This forced Holder to confess to Senate Republicans that the Justice Department had provided “inaccurate” information to Congress during his May 3 testimony.
Now comes Retraction Number Two.
Because nothing says “I have nothing to hide” like an executive power grab to block investigators from looking at government documents:
President Barack Obama has asserted executive privilege over documents sought by a House committee investigating the botched Fast and Furious gun-running sting, according to a letter to the panel Wednesday from Deputy Attorney Gen. James Cole.
The move means the Department of Justice can withhold the documents from the House Oversight Committee, which was scheduled to consider a contempt measure Wednesday against [Attorney General Eric] Holder.
The immediate question raised by this sudden assertion of executive people is whether President Obama was involved in the scandal. Why would he put himself at risk of serious political backlash if this was all about simply protecting Holder — who is about to be charged with contempt of Congress anyway? And if there is something damaging about Obama or top White House officials in those papers, maybe that explains why Holder still has a job despite the growing calls for his resignation.
Why did the Department of Justice appoint two prosecutors to lead its leak investigations? That’s the question Sen. Jon Kyl asked Eric Holder during his testimony at yesterday’s Senate Judiciary hearing. Holder gave a hopelessly vague and evasive answer, but Kyl’s question is worth asking again, given what we know about the two U.S. Attorneys.
One of these prosecutors, Ronald Machen, is an Obama appointee who donated $4,350 to the Obama campaign, as the blog Fire Andrea Mitchell pointed out. The other is a holdover Bush appointee, U.S. Attorney for the District of Maryland Rod J. Rosenstein.
So one Bush appointee and one Obama donor should balance each other out, right? Actually, no — not necessarily. The DOJ has opened two separate leak investigations with different scopes, and the prosecutors could be asked to lead them separately.
Sen. John Cornyn isn’t the first Republican senator to call for Attorney General Eric Holder’s resignation, but he’s the first to do it straight to Holder’s face, which makes it all the more priceless. Click over to The Hill for video of the exchange at the Senate Judiciary Committee hearing earlier today. Here’s the critical line from Cornyn, which came after he went through a protracted list of Holder’s numerous misdeeds:
“Mr. Attorney General, it is more with sorrow than anger that I would say that you leave me no alternative but to join those who call upon you to resign your office.”
“The American people deserve better; they deserve an attorney general who is accountable and independent; they deserve an attorney general who puts justice before politics,” said Cornyn. “And it’s my sincere hope that President Obama will replace you with someone who’s up to that challenge.”
House Oversight Committee Chair Darrell Issa clearly wasn’t bluffing when he circulated a draft contempt order against Attorney General Eric Holder early last month. CBS News reports that Issa has scheduled a committee vote on the contempt charges for June 20:
On Monday morning, Issa formally announced the committee vote on contempt, set for Wednesday, June 20. House Speaker John Boehner also released a statement supporting the move, saying “the Justice Department is out of excuses.”
“Congress has given Attorney General Holder more than enough time to fully cooperate with its investigation into ‘Fast and Furious,’ and to help uncover the circumstances regarding the death of Border Agent Brian Terry,” Boehner added. “Either the Justice Department turns over the information requested, or Congress will have no choice but to move forward with holding the attorney general in contempt for obstructing an ongoing investigation.”
There would apparently be bipartisan support for the motion if it managed to get past the Oversight Committee: Issa told BuzzFeed earlier today that he believes 31 Democrats would support the motion in a floor vote, which is notably the same number of Democrats who signed a letter to President Obama last summer urging him to assist the investigation. Only one of the letter’s Democratic signatories, Rep. Jim Cooper, is actually on the Oversight Committee. Still, the motion is expected to pass.
Rep. Darrell Issa’s draft contempt order against Attorney General Eric Holder is the latest attempt to pressure the Department of Justice into complying with the House Oversight Committee’s subpoena requests related to Fast and Furious, and whether it works depends on a political calculation by the administration. What’s would be more damaging: releasing these subpoenaed documents, or risking the media circus of contempt procedures?
In the contempt order argument, which was issued to members of the House Oversight Committee today, Issa says he’s still waiting for Holder to release documents for 12 out of 22 categories in the subpoena schedule:
According to the draft contempt order, the department “has yet to provide a single document for 12 out of the 22 categories contained in the subpoena schedule.”
The draft order pointed to three categories in particular. Those categories concerned: who among the department’s top brass should have known about the “reckless tactics” in Fast and Furious; how department leaders ended up figuring out the program was a bad idea; and how a special task force “failed” to share information that could have supposedly led to key gun-trafficking arrests.