Commentary Magazine


Topic: Eric Holder

Should the GOP Link Lynch to Immigration?

Fresh off their victory in last week’s midterm elections, Republicans are bursting with ideas about implementing their agenda but also spoiling for a fight with a president who arrogantly thinks the verdict of the voters shouldn’t affect his policies. But those who think it’s a good idea to fire on the first administration target to come into range may be making a mistake. While the GOP will be right to use every opportunity to push back against President Obama’s likely decision to bypass Congress and seek to legalize millions of illegal immigrants, linking that arrogant move to efforts to block or stall the confirmation of Loretta Lynch as attorney general won’t accomplish much.

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Fresh off their victory in last week’s midterm elections, Republicans are bursting with ideas about implementing their agenda but also spoiling for a fight with a president who arrogantly thinks the verdict of the voters shouldn’t affect his policies. But those who think it’s a good idea to fire on the first administration target to come into range may be making a mistake. While the GOP will be right to use every opportunity to push back against President Obama’s likely decision to bypass Congress and seek to legalize millions of illegal immigrants, linking that arrogant move to efforts to block or stall the confirmation of Loretta Lynch as attorney general won’t accomplish much.

Senators Ted Cruz and Mike Lee stated clearly that they intend to use Lynch’s confirmation to grill the nominee on whether she thinks the president’s planned executive orders on amnesty are constitutional. More to the point, they and other conservatives are seeking to get some commitments from Lynch on her willingness to avoid the kind of selective enforcement of the law that characterized the tenure of her predecessor Eric Holder.

That should make for some good television but even the brash Cruz must understand that he and his colleagues must tread carefully when questioning the first African American woman selected to lead the Justice Department. This administration’s cheering sections in the mainstream media are quick to cry racism every time anyone blasts Obama’s policies or cry sexism when someone points out the damaging role being played by Obama confidante Valerie Jarrett. So it won’t take much for the same crew to try to portray tough questioning of Lynch as a new edition of the Spanish Inquisition.

Republicans will rightly dismiss that as just another instance of media bias by a press corps that will probably continue to operate as a cheering section for President Obama until the day he vacates the White House. But that doesn’t mean the GOP should walk into the trap the president is setting for them. Turning Lynch into a victim won’t be tactically smart especially since she is viewed as a non-political career prosecutor rather than another Obama crony like Holder.

It’s not clear what options Republicans will have if the president goes ahead and seeks to run roughshod over the Constitution by seeking to govern on his own without the consent of Congress. The GOP may try to defund those agencies involved in any mass amnesty plan, though doubtless Majority Leader Mitch McConnell will keep his pledge to avoid any potential government shutdown scenarios. So that may leave the court of public opinion as the best avenue for venting outrage over a move that will endear Democrats to many Hispanics while outraging those who think, whatever their views about the need for immigration reform, the rule of law should not be trashed in order for the president to get his way on the issue.

The president may want the lame duck session of Congress to vote on Lynch but there’s no reason to rush this confirmation so as to avoid giving newly elected senators a shot at asking pointed questions. But while the GOP should not flinch from raising this issue every chance they get in the coming months, not every Obama appointment will serve this cause as well as others. Though conservatives want to fight Obama over everything and anything, a scattershot approach will only serve to help him spin his lawless ways as less provocative than a senatorial grilling of a woman they can’t lay a glove on. Having been presented with a seemingly unexceptional appointment, turning Lynch into a piñata over immigration could be tactically inept. There will be other, better targets for Republican scrutiny in the coming months. Until they come along, the GOP may do better to keep their powder dry and not start a nomination fight that they won’t win.

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“It’s Called the Department of Justice. It’s Not Called the Department of Revenue.”

In 2007, a huge forest fire burned 65,000 acres in the Sierra Nevada in California and neighboring states. The Justice Department and the California Department of Forestry and Fire Protection (CalFire) went after Sierra Pacific, the largest landowner in California, claiming its logging operations had caused the fire when a bulldozer hit a rock and struck a spark. Knuckling under to the enormous leverage government has in even civil litigation, Sierra Pacific, which claimed it was innocent, settled for $55 million and 22,500 acres of forest land, which was to be deeded over to the federal government.

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In 2007, a huge forest fire burned 65,000 acres in the Sierra Nevada in California and neighboring states. The Justice Department and the California Department of Forestry and Fire Protection (CalFire) went after Sierra Pacific, the largest landowner in California, claiming its logging operations had caused the fire when a bulldozer hit a rock and struck a spark. Knuckling under to the enormous leverage government has in even civil litigation, Sierra Pacific, which claimed it was innocent, settled for $55 million and 22,500 acres of forest land, which was to be deeded over to the federal government.

But in an almost unprecedented action this month, the chief judge of the eastern district of California, Morrison C. England, Jr., has ordered all federal judges in the district to recuse themselves from the case and has asked the chief judge of the 9th Circuit Court of Appeal to appoint an outside judge, stating the possibility of a fraud upon the court by the Justice Department. A fraud upon the court happens when one party deliberately misleads the court in order to win a case. The chief judge, Alex Kozinski, is likely to oblige, as he has been seriously alarmed by what he calls an “epidemic” of prosecutorial misconduct in recent years.

Sierra Pacific claims that,

The United States presented false evidence to the Defendants and the Court; advanced arguments to the Court premised on that false evidence; or, for which material evidence had been withheld, and obtaining court rulings based thereon; prepared key Moonlight Fire [as this fire was called] investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation; and failed to disclose the facts and circumstances associated with the Moonlight Fire lead investigator’s direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated.

Their evidence is the sworn testimony of two assistant U.S. attorneys, one of whom was fired from the case for raising ethical considerations and another who quit in disgust as it became plain to him that the Justice Department’s actions in this case were not to find justice but to extract a lucrative settlement, saying,“It’s called the Department of Justice. It’s not called the Department of Revenue.”

The state case against Sierra Pacific has also fallen apart. The state judge not only decided against the state’s case for lack of sufficient evidence, but also ordered it to pay $30 million in attorney’s fees. He wrote in his decision that, “the misconduct is so pervasive that it would serve no purpose for the Court to attempt to recite it all here.” But he recites enough: “CalFire failed to comply with discovery orders and directives, destroyed critical evidence, failed to produce documents it should have produced months earlier, and engaged in a systematic campaign of misdirection with the purpose of recovering money from the defendants.”

The Justice Department under Eric Holder is not only using its power for illicit reasons, it is divvying up the money with its favored pals. The stench of corruption at Justice is becoming overpowering. If this had come out prior to January 20th, 2009, it would be a front-page-above-the-fold story.

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It’s Time to Talk About Serious IRS Reform

On the eve of the 25th anniversary of the Watergate break-in, the Washington Post noted an amusing coincidence: “Almost a quarter century ago, Tennessee Sen. Fred Thompson served as Republican counsel on the Senate Watergate committee. Now he chairs the Senate panel investigating the current White House fund-raising scandal.” The timing was interesting because, as the Post explained, the “controversy came to light last year because of the reforms of Watergate, including requirements that campaigns and political parties regularly submit lists of their contributors to the Federal Election Commission.”

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On the eve of the 25th anniversary of the Watergate break-in, the Washington Post noted an amusing coincidence: “Almost a quarter century ago, Tennessee Sen. Fred Thompson served as Republican counsel on the Senate Watergate committee. Now he chairs the Senate panel investigating the current White House fund-raising scandal.” The timing was interesting because, as the Post explained, the “controversy came to light last year because of the reforms of Watergate, including requirements that campaigns and political parties regularly submit lists of their contributors to the Federal Election Commission.”

The Post went on to list seven major reforms that stemmed either from the scandal itself or the atmosphere of distrust in government in the wake of Watergate. Of course these reforms had at best a mixed record. And some of them, like the campaign-finance reforms, ended up strengthening the government’s hand over Americans, reducing transparency, and infringing on voters’ constitutional rights. There was also the famed Church Committee, designed to expose abuses in the intel community and rein in its associated federal agencies.

And it is quite clear that while some have called for a new Church Committee in the wake of Moscow defector Edward Snowden’s theft and dissemination of American secrets to investigate the intel community, what is really needed is a full accounting and reform of a different federal agency: the IRS.

We have covered here exhaustively the massive abuse-of-power scandal surrounding the IRS’s targeting of conservatives ahead of the 2012 presidential election, and doing so at the encouragement of prominent Democrats. That surely should be enough to prompt a full investigation–especially since it was revealed that Eric Holder’s Justice Department is apparently coordinating with congressional Democrats to undermine the investigation and protect the IRS. But there’s another IRS scandal brewing, and it suggests the agency is long overdue for a reckoning.

John Fund notes that the private-jet company NetJets has been in a tax dispute with the IRS, and is claiming the IRS–you guessed it–destroyed evidence by having “wiped clean a number of computer hard drives containing emails and other electronic documents that the Government was required to produce.” Fund provides the background to the case:

NetJets sued the IRS in 2011, claiming that it improperly applied a ticket tax on users of its aircraft that is meant for commercial airline passengers. The IRS countersued claiming that NetJets “has failed, neglected or refused to pay its federal tax liabilities . . . in full.” But its argument was undercut in 2012 when Congress changed the tax code to make it clear the air-passenger-ticket tax doesn’t apply to private firms such as NetJets, whose customers buy time-shares in planes operated by the company.

In its latest court filing, NetJets claims the IRS has been concealing evidence. Its lawyers say the computers of three key IRS employees were wiped clean, including the computer of “an excise-tax policy manager and a key decision maker regarding the application of the section 4261 ticket tax to whole and fractional aircraft-management companies.”

Amazing. The agency assigned to take your money at will covers its tracks by destroying evidence, apparently routinely. I had noted in the past that destroying evidence seems to have become the IRS’s key strategy in the targeting scandal. It appears to be its policy with regard to disputes in general. It should go without saying that at this point there is really no denying the agency needs serious reform.

That poses its own challenges, to be sure. For one, high-level Democrats in the president’s Cabinet and in Congress are supporting and enabling the IRS here, so Democrats are unlikely to be very cooperative in the kind of investigation that would expose them to transparency and accountability as well.

Another challenge is the law of unintended consequences. As we saw with some of the post-Watergate reforms, giving politicians the power to pass sweeping regulations often just exacerbates existing problems. The regulatory regime is partly to blame for the current IRS scandal as it is, because the agency was tasked with being the gatekeeper to Americans’ political activism. Since the IRS is a creature of big-government bureaucracy, it went after the Americans who supported limited-government causes. The current regulatory regime governing the IRS pits the American government against the people, with the inevitable results.

Additionally, if the IRS has been routinely destroying evidence or deleting emails it’s supposed to save then it’s already breaking the law. There’s not much sense in going through a reform process if the result is only to take something that’s currently illegal and make it super-duper-illegal. That would be classic Washington behavior, and it should be avoided.

Perhaps the best answer is a much-simplified tax code and fewer rules limiting political speech. The IRS can’t abuse power it doesn’t have, after all. In fact, serious tax reform would be saving the IRS from itself–think of all the computers and phones it won’t have to completely destroy each year in an attempt to evade accountability.

Whatever the case, it would be criminal–figuratively, though very possibly also literally–for the scandals to pass without reforming the agency.

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Tom Perez and the Trusted Few

The Obama administration’s active engagement with pop culture can sometimes backfire, as it seemed to last night. Valerie Jarrett apparently made a cameo on last night’s episode of The Good Wife, urging a main character to run for state’s attorney. But, lamented a New York Times arts critic, “The political functionaries can’t act — they’re a distraction, and they flatten every scene they’re in.” At least the role was believable.

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The Obama administration’s active engagement with pop culture can sometimes backfire, as it seemed to last night. Valerie Jarrett apparently made a cameo on last night’s episode of The Good Wife, urging a main character to run for state’s attorney. But, lamented a New York Times arts critic, “The political functionaries can’t act — they’re a distraction, and they flatten every scene they’re in.” At least the role was believable.

Jarrett made another cameo over the weekend, also backing a favored candidate. But this one was in the real world, in a Politico consideration of possible successors to Attorney General Eric Holder–and one in particular: Tom Perez.

Perez is already a member of President Obama’s Cabinet; he’s the labor secretary. But the administration is seeking to replace Holder at Justice, and some insiders, Jarrett among them, reportedly like the idea of shifting Perez over to Holder’s spot. It’s not that there aren’t any traditional candidates; Solicitor General Donald Verrilli is apparently on the list, as is outgoing Massachusetts Governor Deval Patrick, who served as assistant attorney general for civil rights in the Clinton administration.

Perez, in fact, isn’t even on some of the speculative lists circulating in the political press. But in this insular White House, there are few trusted by the president. Few enough, it appears, to have to shift them from Cabinet secretarial post to Cabinet secretarial post:

Perez has made more stops with the president than any other Cabinet secretary, events that are often followed by rides home and private meetings on Air Force One. And he’s often been out on his own, making over 40 appearances around the country since May where he’s pumped out the message of an economy that is actually recovering and has urged people not to see the president as having given up or disappeared.

Obama’s not the only one in the White House who’s come to rely on him. Obama senior adviser Valerie Jarrett’s been a Perez fan and promoter for years, going back to Perez’s time in the Civil Rights Division, and she and Holder continued to call on him for advice even as the violent protests overtook Ferguson last month. (Perez refers to that as “part of other duties as assigned.”) At Holder’s resignation announcement Thursday at the White House, Perez was right there in the front row, clearly emotional. And White House Domestic Policy Council Director Cecilia Muñoz has known Perez since they were both Hill staffers in the 1990s, and their relationship has expanded as they’ve collaborated over the past year and a half.

This is not to cast doubt on Perez’s qualifications–he’s already served as an assistant attorney general as well–nor to imply that there aren’t quite logical political reasons to nominate him to replace Holder. Chief among those reasons would be (as Politico also notes) the fact that as a Cabinet secretary, Perez has already been confirmed by the Senate. That takes some of the air out of Republican opposition, though his last confirmation vote was fairly close.

It does, however, reinforce a theme we’ve seen surface intermittently throughout the six years of the Obama presidency: insularity and a fortified inner circle. In differentiating the Bush administration’s prosecution of the war in Iraq and Obama’s botched health-care reform, Dana Milbank nonetheless saw eerie similarities:

But the decision-making is disturbingly similar: In both cases, insular administrations, staffed by loyalists and obsessed with secrecy, participated in group-think and let the president hear only what they thought he wanted to hear.

In a damning account of the Obamacare implementation, my Post colleagues Amy Goldstein and Juliet Eilperin described how Obama rejected pleas from outside experts and even some of his own advisers to bring in people with the expertise to handle the mammoth task; he instead left the project in the care of in-house loyalists.

MSNBC described the same phenomenon thus: “Obamacare burned by culture of secrecy.” Ron Fournier asked: “Will Insularity, Incompetence, and Lies Doom Obamacare?” Brent Budowsky said Obama “governs through a tightly controlled and highly centralized White House staff that is overloaded, dangerously insular, short on gravitas, and often hostile to outside advice even from friends and supporters.”

It was not a new concern. In 2010, the L.A. Times reported that Democrats worried about Obama’s insularity. He was replacing staffers and appointees with loyalists everywhere you turned, the paper noted, from the Council of Economic Advisors to his own chief of staff–and of course, always leaning on Valerie Jarrett:

Obama’s executive style relies heavily on a cordon of advisors who were with him at earlier points in his career. In nearly every instance, as senior advisors have resigned, Obama has filled the vacancies with trusted confidants who are closer to him than the people they replaced.

It should be noted that, as the above examples suggest, it is Democrats who are more worried about this than Republicans. Democrats are the ones getting shut out of the inner circle while the party’s congressional candidates have to suffer for Obama’s sins. And Democrats are the ones doomed to a mess of a bench thanks to the dried-up talent pool that, aside from a select few (Susan Rice, for example), leaves Democrats with a team of political hacks and yes-men staffing the White House. The atmosphere of suspicion and mistrust in this administration, on the other hand, would make a Clinton succession pretty seamless.

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Mr. Holder, You’re No Bobby Kennedy

A few days ago President Obama summoned a press conference to announce the resignation of Attorney General Eric Holder. For all the misty-eyed platitudes, it was hard to believe that the president was speaking about the only sitting Cabinet member in U.S. history to be held in contempt of Congress. In fact, only three days ago a federal court dealt the Department of Justice a significant blow, ordering Mr. Holder to hand over a list of the documents it has withheld from the congressional investigation into Operation Fast and Furious. None of this stopped the president from praising Holder’s “deep and abiding fidelity to one of our most cherished ideals as a people, and that is equal justice under the law.” To the contrary, Holder leaves behind a dubious legacy of selective law enforcement, careless public pronouncements, and partisan abuses inconsistent with the principle of equal justice under the law.

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A few days ago President Obama summoned a press conference to announce the resignation of Attorney General Eric Holder. For all the misty-eyed platitudes, it was hard to believe that the president was speaking about the only sitting Cabinet member in U.S. history to be held in contempt of Congress. In fact, only three days ago a federal court dealt the Department of Justice a significant blow, ordering Mr. Holder to hand over a list of the documents it has withheld from the congressional investigation into Operation Fast and Furious. None of this stopped the president from praising Holder’s “deep and abiding fidelity to one of our most cherished ideals as a people, and that is equal justice under the law.” To the contrary, Holder leaves behind a dubious legacy of selective law enforcement, careless public pronouncements, and partisan abuses inconsistent with the principle of equal justice under the law.

The attorney general is what President Obama correctly called “America’s lawyer, the people’s lawyer.” His principal functions are to uphold the Constitution of the United States and enforce the laws duly enacted by the elected representatives of the people. At least, that’s his job in theory. In practice, Holder has behaved more like the President’s hired gun than the people’s lawyer. This was underscored by a slip of the tongue as Holder spoke yesterday: “Over the last six years,” he remarked, “our administration”–and then, correcting himself–“your administration, has made historic gains in realizing the principles of the founding documents[.]” Honest mistake or Freudian slip, there was truth in Holder’s faux pas: this attorney general has faithfully pushed the president’s political agenda, even at the expense of the rule of law.

In his six years as attorney general, Holder has become more notable for not enforcing federal law than for enforcing it–and this should be troubling to all Americans. If we are truly to live in a government of laws and not of men, all people must be afforded equal treatment under generally applicable laws. The attorney general is in a singular position to ensure this through his prosecutorial and enforcement powers. But, as I’ve discussed elsewhere, when the president has been unable to reform existing laws through the political process, Holder has effectively nullified them by refusing to defend or enforce the statutes in question. This was the case when the DOJ refused to defend the Defense of Marriage Act from judicial challenge, and it remains the case now that the DOJ refuses to enforce provisions of federal immigration and drug-control law.

All this suggests a baldfaced contempt for the role of Congress in the lawmaking process and a deep distrust of the judiciary as the proper arbiter of constitutional disputes. Under Holder’s leadership, the Department of Justice provided the executive with a way of bypassing constitutionally ordained processes, creating law and policy by executive fiat. And this subverts the very spirit of the Constitution that Holder is sworn to defend, replacing the majesty of the law with a kind of leering cynicism for political and judicial processes.

This cynicism made it all the more jarring when both Obama and Holder attempted to don the mantle of Robert F. Kennedy through repeated appeals to his legacy in yesterday’s statements. In May 1961, only a few months after the University of Georgia campus exploded with violence in response to a court’s desegregation order, Bobby Kennedy spoke to the university’s law students about Brown v. Board of Education. “I happen to believe that the 1954 decision was right,” he said. “But my belief does not matter. It is now the law. Some of you may believe the decision was wrong. That does not matter. It is the law. And we both respect the law. By facing this problem honorably you have shown to all the world that we Americans are moving forward together, solving this problem under the rule of law.”

If the rule of law is to mean anything in this nation, it must command the respect of those sworn to uphold and defend it. Attorney General Holder’s successor, whoever that may be, would do well to remember that.

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Why Did We Learn About Christie’s Innocence From a Leak?

The news that the federal investigation of Bridgegate will absolve New Jersey Governor Chris Christie of any involvement in the bizarre scandal is the most important development in a story that has lingered since the beginning of 2014. But the fact that we learned about it from a leak, rather than a formal announcement of some sort, should raise some eyebrows and raises as many questions as it provides answers to those interested in the story.

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The news that the federal investigation of Bridgegate will absolve New Jersey Governor Chris Christie of any involvement in the bizarre scandal is the most important development in a story that has lingered since the beginning of 2014. But the fact that we learned about it from a leak, rather than a formal announcement of some sort, should raise some eyebrows and raises as many questions as it provides answers to those interested in the story.

If, after nine months of digging into a scandal that, as far as we know, involves no dead bodies, stolen money, or bribery, the Justice Department is still puttering around the affairs of the Port Authority of New York and New Jersey, it’s worth asking what’s taking so long and what are the motives of those sitting on the findings that are apparently conclusive.

But it should also be remembered that what is being investigated here isn’t all that mysterious. With the vast resources of the government at their disposal, it’s hard to imagine exactly what it is about the traffic jam that is taking so long to figure out.

Even WNBC’s sources, which are, we are assured, government officials and not connected to the Christie camp in any way, say the federal probe of Bridgegate is not concluded. This is an interesting fact in and of itself since it shows that, as is their practice in all too many of their cases, having found that the intended object of their investigation is innocent, the Justice Department investigators are desperately searching for a way to indict someone for something, even if it has nothing to do with the bridge.

In other words, the effort to find out who it was that decided to close lanes on the bridge and set off days of traffic jams that inconvenienced many thousands of citizens has probably turned into a fishing expedition in which the FBI may be looking for something that can be called a crime even if the original scandal is not one.

That prospect is bad enough because it demonstrates again the power of the feds to nail anyone who gets in their cross hairs, even if they have to invent a new crime to justify their waste of time and money on an investigation that had run into a dead-end. But the length of the investigation and the refusal of the Justice Department to wind up a matter that is not, as far as anyone knows, actually about anything more serious than a wacky revenge plot involving a local New Jersey political feud between the governor’s office in Trenton and the mayor of Fort Lee is curious.

Yet the decision of some on the inside of the probe to leak the principal findings of their work is even more curious. Why did they do it?

The first reason that comes to mind is the possibility that higher-ups in the Justice Department are deliberately slow-walking the investigation or stalling the release of its findings. The most likely motive for such shenanigans is obvious. The longer the investigation continues, the more damage is done to Christie, a Republican that many in the administration rightly fear as a dangerous opponent for the Democrats in 2016.

Is that an unreasonable suspicion? No doubt Attorney General Eric Holder’s defenders will insist that it is outrageous to even suspect him of doing anything like that. But the highly political way Holder has conducted the affairs of the Justice Department, including its involvement in voter ID cases in which it has taken up the partisan talking points of the Democratic Party, makes it clear that politics is always at the top of the agenda at Justice these days. A slow-walking of the probe also allows Democrats in the New Jersey State Legislature to continue their own lengthy and predictably pointless and inconclusive dive into the Bridgegate mess whose only purpose is to embarrass and/or damage the governor.

That may not be true. But there is also no reason for the Department to be sitting on the main results of any Bridgegate investigation. If the leaks are correct and Christie has been found to be innocent in the scandal then that needs to be formally announced and not kept under wraps for a moment longer. If investigators are now trying to lay some other crime, real or imagined, at the feet of someone else in his administration, that needs to be put on the table immediately as well.

The unnecessary traffic jams caused by some political mischief makers was an outrageous abuse of power but no matter who did it, it has never been exactly clear that it was a crime as opposed to something that is merely outrageous rather than illegal. It shouldn’t take this long to answer that question or the one about the authors of the bridge decision. The longer the Justice Department continues their part in this farce, the more it is becoming clear that in this affair, it may be that the investigation is a bigger scandal than the traffic jams.

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Is Eric Holder Trying to Protect the IRS?

A remarkable conversation about the IRS’s illegal targeting of conservative groups took place on Friday in Washington. According to Rep. Darrell Issa’s office, at 5:01 Friday Brian Fallon, a former aide to Chuck Schumer and currently a communications aide to Attorney General Eric Holder, called Issa’s office. By mistake. And it’s quite a mistake.

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A remarkable conversation about the IRS’s illegal targeting of conservative groups took place on Friday in Washington. According to Rep. Darrell Issa’s office, at 5:01 Friday Brian Fallon, a former aide to Chuck Schumer and currently a communications aide to Attorney General Eric Holder, called Issa’s office. By mistake. And it’s quite a mistake.

The purpose of the call, according to a letter Issa wrote to Holder, was to work with the intended recipient of the call to strategically leak damaging information to selected, friendly reporters and to coordinate a damage-control plan. The intended recipient of the call was apparently Rep. Elijah Cummings, the ranking Democrat on the House Oversight Committee who has gotten quite visibly nervous over the extent of the investigation into the IRS abuse–despite his attempts to protect the abusers.

Here’s Jonathan Strong at Breitbart:

The aide, Brian Fallon, is a former senior aide to Sen. Chuck Schumer (D-NY) and a well-known personality on Capitol Hill. The letter describes Fallon as “audibly shaken” when he realizes his request to leak documents to help get ahead of news stories about them was mistakenly made to the very office he was seeking to undermine. Issa believes the call was intended to be made to Democratic Rep. Elijah Cumming’s staff, the ranking member on the oversight panel, the letter said.

According to the letter, Fallon – who is not named in the letter but confirmed he made the call – asked if the aides could release the IRS scandal documents to “selected reporters” to give Fallon an “opportunity to comment publicly on it.”

Fallon explained to Issa aides that the Justice Department’s Office of Legislative Affairs had not permitted him to release the documents to the public and he wanted to get ahead of the story “before the Majority” – meaning Issa – could share it, according to the letter.

Issa aides – who had placed the call on speakerphone – were “caught off guard by the unusual nature of the call and the odd request” and asked Fallon to “e-mail the material for evaluation.”

“At this point,” Fallon “abruptly placed the call on hold for approximately three minutes.” When Fallon returned to the call, “he was audibly shaken. He immediately stated that there was a ‘change in plans’ and that there would be no effort” by DOJ to release the material early.

In other words, it looks like Holder’s Department of Justice is seeking to help the IRS and the Democrats protecting the IRS. And the only reason the public knows about it is that Holder’s office accidentally called the wrong phone. Oops.

The left’s response to the IRS targeting scandal has morphed over time as more information has come to light. Mostly gone are the truthers who think nothing unethical happened or that this is an aimless witch hunt. It’s now clear to any sentient person that the IRS was indeed engaged in this targeting scheme ahead of a presidential election. Additionally, as I wrote last week, it’s since been revealed that the IRS began destroying evidence once the investigation into the targeting began.

That particular destruction of evidence concerned Lois Lerner, the former official at the center of the scandal, in order to get rid of her email correspondence. The media yawned at the revelation of the destruction of evidence, apparently tiring of this story. So the same day of Fallon’s phone call to Issa’s staff, the IRS admitted it lost the email of “five more workers who figure in the investigation into the alleged targeting of conservative nonprofit groups,” as the Wall Street Journal reported.

The Democratic response to the investigation has thus gone from the eminently silly denial that anything untoward took place to actively trying to thwart the investigation and run interference for the IRS–which, in its targeting scheme, was only following the pronouncements of high-level congressional Democrats, after all. And those Democrats have gotten quite uncomfortable with the investigation. Democratic Sen. Carl Levin has put together a report attacking the inspector general conducting the investigation.

Such interference and/or stonewalling wouldn’t be out of character for this DOJ. As the Washington Examiner reported yesterday, according to the department’s inspector general “Department of Justice senior officials have barred or delayed the inspector general there from gaining access to documents crucial to high-visibility investigations.”

The “nothing to see here” brigade has lost any semblance of credibility. In response, they’d like to make sure there’s actually nothing to see by the time investigators come looking for it.

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The Justice Department Voter ID Charade

Why is the Justice Department doing everything in its power to invalidate Voter ID laws? According to Attorney General Eric Holder, it’s simply a question of voting rights. But lawyers representing the state of Texas, whose voter ID law is being challenged in federal court this week by the federal government, have a different explanation. They say that while Holder claims Republicans have promulgated voter integrity laws to limit the number of blacks and Hispanics casting ballots and increase their chances of winning, that’s looking at the case through the wrong end of the telescope. Instead, it is, as voter ID defenders rightly assert, the result of a Democratic administration trying to alter the outcome of elections in southern, Republican-leaning states.

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Why is the Justice Department doing everything in its power to invalidate Voter ID laws? According to Attorney General Eric Holder, it’s simply a question of voting rights. But lawyers representing the state of Texas, whose voter ID law is being challenged in federal court this week by the federal government, have a different explanation. They say that while Holder claims Republicans have promulgated voter integrity laws to limit the number of blacks and Hispanics casting ballots and increase their chances of winning, that’s looking at the case through the wrong end of the telescope. Instead, it is, as voter ID defenders rightly assert, the result of a Democratic administration trying to alter the outcome of elections in southern, Republican-leaning states.

That charge has the Justice Department outraged as they think the claim of Texas’s attorneys that it is the feds who are practicing a form of discrimination is absurd. The government argues that laws requiring voters to identify themselves when voting are inherently discriminatory because the poor, the elderly, and blacks and Hispanics are less likely to have a photo ID. But the context here is not so much the presumption that these groups are either too stupid or without the will to procure a picture ID. It is the effort of the Justice Department to resurrect the “pre-clearance” provisions of the Voting Rights Act which used to require southern states to get federal permission before changing their voter procedures.

But, as the Supreme Court has ruled, singling out these states for that kind of treatment can no longer be justified by the awful practices that were prevalent more than a half-century ago. Though Holder and the groups who claim to represent the cause of civil rights are acting as if they are still fighting Jim Crow laws, their efforts aren’t so much about fighting discrimination as they are an attempt to convince the country that it is still 1964, not 2014.

The facts about voter ID laws are pretty simple. In an age when you can’t complete virtually any private or public transaction, fly, take a train, or get prescription drugs without a photo ID, the notion that people should be allowed to simply show up and cast a ballot without proving that you are a registered voter boggles the mind. The overwhelming majority of Americans have photo identification and states that require them for voting offer free state ID cards for those who don’t have drivers’ licenses or passports.

The government argues that this makes it impossible for some to vote because they have no ability to get identification. But the witnesses they are bringing forward to back up that assertion don’t seem terribly credible. In the New York Times feature on the issue, we are introduced to one such example, 22-year-old Imani Clark, who resides in rural Texas where there is no public transportation to get her to a state center to get an ID card. But it boggles the mind to think that what appears to be an able-bodied employed young African-American student such as Clark is really unable to come up with any proof of her identity. Indeed, to assume that African Americans or Hispanics are without the wit to do so is itself a discriminatory view that most blacks and Hispanics do not share.

As Texas’s lawyers have pointed out, a report by the Justice Department’s inspector general that said there was no evidence of a discriminatory intent behind voter ID laws but also noted that there was evidence of “deep ideological polarization” among government lawyers pursuing this case.

That report was spot on. The claim that voter fraud is unknown in the United States—thus obviating the need for voter integrity provisions—is a joke. To believe that we would have to forget everything we know about American political history as well as human nature.

But while asserting that voter fraud is unproven, Justice believes it can merely claim discrimination without being required to show either intent during its passage or bias in the law’s implementation. But to do so it they must act as if the Texas of today is no different from the Texas of the past. This is a false charge that one can only hope the courts will eventually reject.

The only thing motivating this case is partisan politics. But rather than it being a function of a prejudiced GOP seeking to hamstring Democrats, the truth is that it is really a matter of a Democratic administration trying to gin up anger among African Americans and Hispanics about a measure that is simply a matter of common sense. Democrats are trying to hype minority turnout not by protecting their rights but by falsely asserting prejudice. This is nothing but a partisan charade and a case that the courts should throw out.

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Can Holder and the Feds Fix Ferguson?

Attorney General Eric Holder is scheduled to arrive in Ferguson, Missouri today leading some to hope that his presence will somehow ease tensions as the ongoing conflict stemming from the police shooting of a young black man continues. But the expectation that having Holder parachute into this mess will somehow magically fix the problem or halt the civil unrest there is not merely unrealistic; it reflects a misunderstanding of both the judicial process and what the protestors want.

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Attorney General Eric Holder is scheduled to arrive in Ferguson, Missouri today leading some to hope that his presence will somehow ease tensions as the ongoing conflict stemming from the police shooting of a young black man continues. But the expectation that having Holder parachute into this mess will somehow magically fix the problem or halt the civil unrest there is not merely unrealistic; it reflects a misunderstanding of both the judicial process and what the protestors want.

As the New York Times reports today, there are some on the left that see Holder’s persistent race baiting from the bully pulpit of the Justice Department as a necessary counter-weight to President Obama’s amorphous calls for calm in crises such as the one unfolding in Ferguson. Holder, a man who called Americans a “nation of cowards” on race and who continues to speak as if the Jim Crow era were not a half century in the country’s rearview mirror, seems like just the sort of legal activist who could swoop in the maelstrom of Ferguson and somehow convince protesters to stand down while ensuring that justice is done.

Symbolism plays a not inconsiderable role in this dispute as a town with a population that is heavily African-American but few black police officers turned out to be a tinderbox waiting to burst into flame at the slightest provocation. But the willingness of the national media to frame this story as an example of how racism isn’t dead in America has transformed it from a troubling while complicated legal case in which the facts are a matter of dispute into merely the latest excuse for racial conflict. The demonizing of the police and their response to rioters there has created little room for the legal process to play out in a dispassionate and fair manner.

Despite the agitation from race hucksters like Al Sharpton and others who have also parachuted into the town, there is no evidence that either the country prosecutor or any other responsible legal authority is dragging their feet in the case or behaving improperly. Nor is there a reasonable case to be made that the state and local authorities should be shoved aside to make room for a federal prosecution led by Holder’s department.

The plain fact of the matter is that tensions have now been raised to the point where nothing short of the indictment of the police officer who shot Michael Brown will appease either the peaceful demonstrators in Ferguson or the thugs who have hijacked some of the protests with violence aimed at law enforcement authorities as well as the looting of local businesses.

Since the Grand Jury process is not immune to political pressures, they may well get their wish and, to be fair, it is entirely possible that such a result may be justified. But, as the Times noted in a separate story, the reality of the Brown shooting may not be as cut and dried as the “hands up, don’t shoot” chants of the protesters indicate. The very different accounts of the shooting of Brown by the officer seems to indicate a strong possibility that we may be heading to a replay of last year’s Trayvon Martin shooting trial in which the media’s insistence on imposing a narrative of racism run amok on the story didn’t necessarily reflect the facts of the case. If so, then Holder’s intervention may be deeply mistaken.

There are instances when federal intervention into murder cases is justified. If the justice system in Missouri were so riddled with institutionalized racism that it never prosecuted the killers of blacks, there would be a strong argument for the Justice Department to step in. In cases where prosecutions failed due to negligence or jury nullification of the law (such as often happened in Jim Crow states prior to the passage of the Civil Rights Act or when a New York jury acquitted a black man in the murder of Hasidic Jew during the Crown Heights riot, even though he was literally caught red-handed after the murder), the attorney general ought to step in. But in the absence of those circumstances, or at least until the locals have proven to be unfair or incompetent, Holder’s presence in Ferguson must be seen as mere grandstanding and an attempt to complicate or delegitimize the local prosecution, not the cavalry coming to the rescue of the justice system.

Public officials who weigh in on complicated cases merely in order to placate a mob—such as Missouri Governor Jay Nixon’s call for a “vigorous prosecution” of the case rather than a vigorous investigation—prior to the evidence being fully revealed do nothing to advance the cause of justice or racial healing.

Holder can’t fix Ferguson. That is not merely because his instincts are so skewed on race issues that he can’t be trusted to behave fairly. It is also because the only thing that will improve the situation is an effort to defend the integrity of the legal system on the part of local and national political leaders who seem to have a vested interest in stirring the racial pot rather than promoting healing and justice.

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Man Up, Mr. Holder

Attorney General Eric Holder, in a speech to the National Action Network, accused his congressional critics of launching “unprecedented, unwarranted, ugly and divisive” attacks on him and the Obama administration.

“Forget about me [specifically]. Look at the way the attorney general of the United States was treated yesterday by a House committee,” Holder said. “What attorney general has ever had to deal with that kind of treatment? What president has ever had to deal with that kind of treatment?”

Let’s take these topics in reverse order. What president has been on the receiving end of such ugly and divisive attacks? Try George W. Bush and Ronald Reagan, just for openers. For example, Senator Ted Kennedy declared, from the well of the United States Senate, that “before the [Iraq] war, week after week after week after week, we were told lie after lie after lie after lie.” He also accused President Bush of hatching a phony war, “a fraud … made up in Texas” to boost his political career. Prominent Democrats made these kind of charges all the time against Bush. President Reagan was attacked as a warmonger, a racist, a man who celebrated in the misery of others. The personal, ad hominem nature of the attacks against our current president are less, I would say, than was the case with Bush and Reagan. What’s happening certainly isn’t “unprecedented.” 

As for Holder’s Woe Is Me portrayal of his tenure as attorney general, I’d point him (for starters) to Alberto Gonzales and Edwin Meese. Both were treated viciously by Democrats and (unlike Holder) by many in the press.

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Attorney General Eric Holder, in a speech to the National Action Network, accused his congressional critics of launching “unprecedented, unwarranted, ugly and divisive” attacks on him and the Obama administration.

“Forget about me [specifically]. Look at the way the attorney general of the United States was treated yesterday by a House committee,” Holder said. “What attorney general has ever had to deal with that kind of treatment? What president has ever had to deal with that kind of treatment?”

Let’s take these topics in reverse order. What president has been on the receiving end of such ugly and divisive attacks? Try George W. Bush and Ronald Reagan, just for openers. For example, Senator Ted Kennedy declared, from the well of the United States Senate, that “before the [Iraq] war, week after week after week after week, we were told lie after lie after lie after lie.” He also accused President Bush of hatching a phony war, “a fraud … made up in Texas” to boost his political career. Prominent Democrats made these kind of charges all the time against Bush. President Reagan was attacked as a warmonger, a racist, a man who celebrated in the misery of others. The personal, ad hominem nature of the attacks against our current president are less, I would say, than was the case with Bush and Reagan. What’s happening certainly isn’t “unprecedented.” 

As for Holder’s Woe Is Me portrayal of his tenure as attorney general, I’d point him (for starters) to Alberto Gonzales and Edwin Meese. Both were treated viciously by Democrats and (unlike Holder) by many in the press.

While I’m at it, let me add this point: Mr. Holder is part of an administration notable for its partisanship, divisive rhetoric, ugliness, and polarization. As I’ve pointed out before, Mr. Obama has accused Republicans of being social Darwinists and members of the “flat earth society,” of putting their party ahead of their country, and of wanting dirty air and dirty water. He says Republicans want autistic and Down syndrome children to “fend for themselves.” He accuses his opponents of not simply being wrong but of being his “enemies.” During the 2012 election, Obama’s vice president said Republicans want to put African-Americans “back in chains” while Obama’s top aides and allies implied Governor Romney was a felon and flat-out stated that he was responsible for the cancer-death of a steelworker’s wife. The list goes on and on. Mr. Obama is the most polarizing president in the history of polling.

It’s bad enough that Eric Holder is incompetent, that he’s misled Congress on multiple occasions, that he considers America to be a “nation of cowards” on race, and that he’s engaged in covering up for the administration (including the current IRS scandal). But can the Attorney General of the United States please quit feeling so sorry for himself? So put upon?

Man up, Mr. Holder.

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What’s To Be Done About Lois Lerner?

The House Ways and Means Committee voted today to urge the Justice Department to consider criminal charges against former Internal Revenue Service official Lois Lerner. There is good reason to believe Lerner violated the law by directing a discriminatory campaign by the tax agency against conservative groups applying for tax-exempt status. But neither committee chairman Dave Camp nor any other member of the Republican majority in the House is under any illusions about whether Attorney General Eric Holder and his staff will act on their recommendation. Though the Justice Department has been investigating this scandal since it came to light, there is little reason to believe they will act against Lerner or anyone else involved in the mess at the IRS. Democrats believe that the only reason the House GOP caucus is still focusing on Lerner long after most of the news media got bored with the story or took the hint from the White House to move along is that they still harbor the hope that her testimony could implicate the administration in the scandal and prove the illegal behavior was not just the actions of a “rogue” agency office in Cincinnati.

But whether or not they’re right about that, Lerner remains the key figure in a scandal about which we’ve learned little since the initial flurry of coverage in 2013. Since Lerner invoked her Fifth Amendment right against self-incrimination when called before the House Oversight Committee last year (though not before she also claimed to have done no wrong and thereby, at least in theory, waiving her Fifth Amendment rights), the question of her fate has been held hostage to an undignified spat between that committee’s Republican Chair Darrell Issa and ranking Democrat Elijah Cummings. But if Republicans — and anyone else for that matter — want to get to the bottom of this affair, they’re going to have to find a way to make Lerner talk. And though Issa is seemingly loath to give up the fight to indict her for contempt that means offering Lerner immunity.

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The House Ways and Means Committee voted today to urge the Justice Department to consider criminal charges against former Internal Revenue Service official Lois Lerner. There is good reason to believe Lerner violated the law by directing a discriminatory campaign by the tax agency against conservative groups applying for tax-exempt status. But neither committee chairman Dave Camp nor any other member of the Republican majority in the House is under any illusions about whether Attorney General Eric Holder and his staff will act on their recommendation. Though the Justice Department has been investigating this scandal since it came to light, there is little reason to believe they will act against Lerner or anyone else involved in the mess at the IRS. Democrats believe that the only reason the House GOP caucus is still focusing on Lerner long after most of the news media got bored with the story or took the hint from the White House to move along is that they still harbor the hope that her testimony could implicate the administration in the scandal and prove the illegal behavior was not just the actions of a “rogue” agency office in Cincinnati.

But whether or not they’re right about that, Lerner remains the key figure in a scandal about which we’ve learned little since the initial flurry of coverage in 2013. Since Lerner invoked her Fifth Amendment right against self-incrimination when called before the House Oversight Committee last year (though not before she also claimed to have done no wrong and thereby, at least in theory, waiving her Fifth Amendment rights), the question of her fate has been held hostage to an undignified spat between that committee’s Republican Chair Darrell Issa and ranking Democrat Elijah Cummings. But if Republicans — and anyone else for that matter — want to get to the bottom of this affair, they’re going to have to find a way to make Lerner talk. And though Issa is seemingly loath to give up the fight to indict her for contempt that means offering Lerner immunity.

We don’t know if, as many conservatives seem to take as an article of faith, Lerner and other IRS officials were acting on orders from higher up in the food chain. Given Lerner’s own past tangles with conservatives, there is good reason to believe she was an eager participant and perhaps was responding to the open hints about targeting conservatives and Tea Partiers issued by an administration determined to demonize their opponents. But given that there is little chance that Holder will act decisively to find out the truth about the IRS, the only way Lerner can be persuaded to talk is if Issa and his colleagues find a way to get her back in the witness chair prepared to talk.

As he seems to have done successfully with the fallout from the Benghazi terror attack and the lies told by administration figures about what happened, the president is seeking to run out the clock on the IRS. A year after the initial news that provoked outrage and even an apology of sorts from Obama, the mainstream press has moved on and Democrats are dismissing the issue as a partisan talking point rather than a blatant violation of trust that ought to concern both parties. To some extent this is the fault of Issa and House Republicans who have preferred to engage in verbal fisticuffs with Democrats rather than engaging them in an investigation that the president and his party would like to terminate. But no matter who’s fault this is, unless Republicans act soon to use their leverage with Lerner to get her to tell the truth, it will soon be too late to get to the bottom of a an act of criminal misbehavior that cries out for justice.

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The Case Against Louisiana’s School Choice Program Crumbles

The school choice movement’s prospects can sometimes be measured by the quality of the arguments deployed against them. Egged on by organized labor, big-government Democrats have shunted aside their supposed concern for basic fairness in the service of preserving a flailing government education monopoly. Sometimes, the government couches its case against poor students in terms of “saving” public schools or reinforcing the separation of church and state.

But sometimes, the government is simply out of ammo and engages in the intellectual and legal equivalent of throwing a shoe. That’s what the Obama administration did when it dispatched Eric Holder’s Justice Department to make a sensationally offensive and clownishly ill-reasoned case against the Louisiana school choice program. It was desperation, pure and simple. And it should have been a humbling moment for the administration, a good time for the government to look itself in the mirror and wonder what it has become.

I wrote about this case back in August. Briefly, Louisiana put into place a program to give private-school vouchers to low-income students in failing public schools. Deprived of any meritorious argument against it, the Justice Department petitioned a district court to enjoin the state from offering scholarships to students from schools that are still under federal desegregation orders. The Holder Justice Department’s logic, such as it is, portrayed the voucher program as disrupting the racial balance of the schools by pulling minority students out of majority-white schools.

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The school choice movement’s prospects can sometimes be measured by the quality of the arguments deployed against them. Egged on by organized labor, big-government Democrats have shunted aside their supposed concern for basic fairness in the service of preserving a flailing government education monopoly. Sometimes, the government couches its case against poor students in terms of “saving” public schools or reinforcing the separation of church and state.

But sometimes, the government is simply out of ammo and engages in the intellectual and legal equivalent of throwing a shoe. That’s what the Obama administration did when it dispatched Eric Holder’s Justice Department to make a sensationally offensive and clownishly ill-reasoned case against the Louisiana school choice program. It was desperation, pure and simple. And it should have been a humbling moment for the administration, a good time for the government to look itself in the mirror and wonder what it has become.

I wrote about this case back in August. Briefly, Louisiana put into place a program to give private-school vouchers to low-income students in failing public schools. Deprived of any meritorious argument against it, the Justice Department petitioned a district court to enjoin the state from offering scholarships to students from schools that are still under federal desegregation orders. The Holder Justice Department’s logic, such as it is, portrayed the voucher program as disrupting the racial balance of the schools by pulling minority students out of majority-white schools.

As I wrote, this was a terrible and shameful argument. But thanks to two new studies, we also know that it is demonstrably false, and the government should drop its case against Louisiana’s minority students immediately:

The first study conducted out of the University of Arkansas found that these transfers overwhelmingly improved integration in the public schools that students leave as well as the private schools that participating students attend.

Of the 5,000 students who used LSP vouchers in the 2012-13 school year, all were from families with incomes less than 250 percent of the federal poverty line, and about 90 percent were black.

Specifically, the Arkansas study found, just 17 percent of LSP schools are racially homogenous, compared to over one-third of public schools that previously enrolled these students. In 83 percent of cases, an overwhelming majority, LSP transfers had a positive impact on the racial integration of the student’s original public school.

“Based on this evidence, we conclude that the LSP is unlikely to have harmed desegregation efforts in Louisiana,” the authors write. “To the contrary, the statewide school voucher program appears to have brought greater integration to Louisiana’s public schools.”

These findings were validated by a separate study by Christine Rossell of Boston University who was retained to analyze data for the DOJ case. Rossell concludes, “The 2012-13 Louisiana scholarship program to date has no negative effect on school desegregation in the 34 school districts under a desegregation court order.”

This should be the end of what was truly an act of desperation from a government agency convinced its will could not be disobeyed. And at the heart of this was a distorted view of desegregation and its purposes. Most of the students benefiting from this program are black. Holder’s DOJ argued that this means that a disproportionate number of black students are being given the opportunity to flee failing schools for better ones, leaving fewer black students behind.

To Holder’s DOJ, the “racial balance” of failing government schools is more important than actually improving life for racial minorities, which is what Bobby Jindal and the state’s leaders were trying to do. But now we know that the “racial balance” argument is a fallacy anyway. The school choice program improves both racial balance in schools and the educational freedom of the state’s minority students.

The government’s argument for suppressing minorities’ educational opportunities has completely dissolved. They should drop this case, accept the principle of equal educational opportunity for minorities, and get out of the way.

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The Disparate Impact of Holder’s War on Private Schools

As we approach the 50th anniversary of the March on Washington, the civil-rights milestone will continue to loom large in the ideological media. The right will talk about how much progress we’ve made, the left will talk about how far we have to go, and the president himself will give a speech marking the occasion this week in which he’ll talk both about the progress and the ground that must still be covered. His speech will be all the more powerful for the obvious symbolism, though the speech text will likely be thoughtful and somewhat moving in addition.

It is also a speech to which the president’s attorney general, Eric Holder, should listen carefully. His latest crusade is to sue the state of Louisiana for giving black students in failing public schools vouchers to attend better schools on the grounds that the voucher program is resegregating Louisiana’s public schools. That is not an exaggeration, and I have to admit to being somewhat hesitant to even write about this for fear that Holder is kidding–because, well, he has got to be kidding.

Here, for example, is the Holder DOJ’s logic, as expressed in a petition to get the district court to enjoin the state from awarding additional scholarships to students from school districts still under federal desegregation orders:

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As we approach the 50th anniversary of the March on Washington, the civil-rights milestone will continue to loom large in the ideological media. The right will talk about how much progress we’ve made, the left will talk about how far we have to go, and the president himself will give a speech marking the occasion this week in which he’ll talk both about the progress and the ground that must still be covered. His speech will be all the more powerful for the obvious symbolism, though the speech text will likely be thoughtful and somewhat moving in addition.

It is also a speech to which the president’s attorney general, Eric Holder, should listen carefully. His latest crusade is to sue the state of Louisiana for giving black students in failing public schools vouchers to attend better schools on the grounds that the voucher program is resegregating Louisiana’s public schools. That is not an exaggeration, and I have to admit to being somewhat hesitant to even write about this for fear that Holder is kidding–because, well, he has got to be kidding.

Here, for example, is the Holder DOJ’s logic, as expressed in a petition to get the district court to enjoin the state from awarding additional scholarships to students from school districts still under federal desegregation orders:

For example, in 2011-2012, Celilia Primary School in St. Martin Parish School District enrolled a student body that was 30.1 percent black, 16.4 [sic] percentage points lower than the black composition (64.5 percent) of St. Martin Parish School District as a whole. In 2012-2013 Celilia lost six black students as a result of the voucher program, thereby increasing the difference between the school’s black student percentage from the district’s and reinforcing the school’s racial identity as a white school in a predominantly black school district.

Got that? The school had a “racial identity” as a white school, and the state of Louisiana awarded scholarships to a group of black students to get them out of the white failing school and into a better private school. According to Eric Holder’s Justice Department, the Louisiana voucher program gave private school vouchers to too many black students. What this means in practice is that Holder would not challenge them on segregation grounds if, merely because of their race, the state allotted fewer vouchers to black students in favor of giving the scholarships to white students.

But the DOJ wasn’t done. The Justice Department wants to appear to be an equal-opportunity offender, crushing the hopes and educational futures of children of all races. So the DOJ found a school that the United States federal government says has too many black students and criticized the voucher program for selecting white students:

Similarly, the Independence Elementary School in Tangipahoa Parish School District enrolled a student body that was 61.5 percent black, which was only 14 percentage points greater than that of Tangipahoa Parish School District (47.5 percent black), but it lost five white students as a result of the voucher program and, thus, increased its black student percentage away from the district-wide black student percentage, again reinforcing the racial identity of the school as a black school.

But of course Holder isn’t an equal-opportunity offender: black students are absorbing the brunt of the Justice Department’s crusade against education. As the state explained:

While the federal petition would let courts approve vouchers in those school systems next year, Brian Blackwell, attorney for the Louisiana Association of Educators, said it likely would take a lot of time, effort and evidence to persuade the judges.

State Education Superintendent John White took issue with the suit’s primary argument and its characterization of the program. Almost all the students using vouchers are black, he said. Given that framework, “it’s a little ridiculous” to argue that students’ departure to voucher schools makes their home school systems less white, he said. He also thought it ironic that rules set up to combat racism were being called on to keep black students in failing schools.

Almost all the students using vouchers are black, according to the superintendent. This is a program largely designed to find ways to get black students stuck in failing schools an education. The government’s public-school monopoly, designed to enrich union bosses, is failing. The Louisiana government, under the leadership of Governor Bobby Jindal, isn’t willing to give up on those students, and is throwing them a rope. The United States Department of Justice, under the leadership of Eric Holder, will do anything to cut that rope.

The left likes to talk a lot about disparate impact. In ruling against the NYPD’s stop and frisk program, Judge Shira Scheindlin even found a new term for it–“indirect racial profiling.” So imagine what Democrats would make of a policy that disproportionately harmed black students trying to get a decent education if the partisan roles were reversed. In some ways, then, it’s appropriate that this incident coincides with the anniversary of a key moment in the fight for civil rights for black Americans. No one watching the behavior of this Justice Department, after all, could claim there are no longer government-sanctioned obstacles in their way.

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Trayvon, Texas, and Voter ID

Attorney General Eric Holder never uttered the words “Trayvon Martin” or “George Zimmerman” in his remarks today at the convention of the Urban League in Philadelphia. But his address, in which he vowed to impose “preclearance” procedures on the state of Texas in order to prevent it from making any changes in voting procedures without the express permission of the Department of Justice, must be viewed in the context of a liberal drive to take advantage of the “conversation” on race that so many on the left have urged upon the country in the aftermath of the verdict in the Zimmerman trial. Holder’s actions are primarily a response to the Supreme Court’s decision to reaffirm the Voting Rights Act while mandating that Congress redraw the map that determines which jurisdictions must get advance permission from the DOJ without the latter having to go to court first, rather than merely going by the outdated one drawn up in 1965. But there’s little doubt that Holder and the left are hoping the hysteria that race merchants like Al Sharpton have helped stir up in the last two weeks will help them turn public opinion on the question of voter ID laws that are at the heart of the federal attack on Texas.

The Martin case has been cited by many liberals who have sought to argue that the Court’s majority was somehow wrong to rule that the America of 2013 is nothing like the one that existed in 1965. The tone of much of the commentary from the left, including that of President Obama on the Zimmerman case, has been to insist that for all of the obvious progress made, the death of Martin proves we are essentially no better off in terms of racism that we were in the pre-Voting Rights Act era. But like the post-trial discussion that ignored the actual facts of the trial, Holder’s assertion that voter ID laws are, by definition, proof of discrimination is not only disingenuous; it’s flat out false.

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Attorney General Eric Holder never uttered the words “Trayvon Martin” or “George Zimmerman” in his remarks today at the convention of the Urban League in Philadelphia. But his address, in which he vowed to impose “preclearance” procedures on the state of Texas in order to prevent it from making any changes in voting procedures without the express permission of the Department of Justice, must be viewed in the context of a liberal drive to take advantage of the “conversation” on race that so many on the left have urged upon the country in the aftermath of the verdict in the Zimmerman trial. Holder’s actions are primarily a response to the Supreme Court’s decision to reaffirm the Voting Rights Act while mandating that Congress redraw the map that determines which jurisdictions must get advance permission from the DOJ without the latter having to go to court first, rather than merely going by the outdated one drawn up in 1965. But there’s little doubt that Holder and the left are hoping the hysteria that race merchants like Al Sharpton have helped stir up in the last two weeks will help them turn public opinion on the question of voter ID laws that are at the heart of the federal attack on Texas.

The Martin case has been cited by many liberals who have sought to argue that the Court’s majority was somehow wrong to rule that the America of 2013 is nothing like the one that existed in 1965. The tone of much of the commentary from the left, including that of President Obama on the Zimmerman case, has been to insist that for all of the obvious progress made, the death of Martin proves we are essentially no better off in terms of racism that we were in the pre-Voting Rights Act era. But like the post-trial discussion that ignored the actual facts of the trial, Holder’s assertion that voter ID laws are, by definition, proof of discrimination is not only disingenuous; it’s flat out false.

The attorney general’s decision to go to court against Texas gives the lie to much of the fulminations from the administration about the decision in Shelby v. Holder. Far from easing the way toward a new era of Jim Crow, the court reaffirmed the Voting Rights Act’s safeguards against discrimination but merely said that the DOJ could not preempt the judicial process without a necessary re-write of the act based on the realities of contemporary America rather than one based on the situation in 1965. Thus, Holder is perfectly free to sue in federal court to stop Texas from doing anything he deems discriminatory.

But, like the incendiary rhetoric that sought to indict “Stand Your Ground” laws after Zimmerman’s acquittal as being a license for shooting down innocent young black men, Holder’s claim that Texas’s drawing of voter districts discriminates against Hispanics is unfounded. But the big prize here is his bid to prevent any state from requiring voters to identify themselves at the polls.

In an era when it has become easier to register, including at the polls on election days and where mail-in and absentee ballots have become commonplace, voter fraud has become easier, necessitating measures to ensure the integrity of results. The vast majority of Americans, including African-Americans, believe there is nothing wrong, let alone discriminatory, about asking voters to identify themselves in the same manner that they must to conduct virtually any other transaction with the government or business. Voter ID laws are a commonsense measure that are as easy to comply with as it is to register to vote. But liberals and race baiters have sought to make them the lever by which they can convince the country that racism is alive and well.

Like the Martin case, the discussion about voting rights is about assumptions about race that have little to do with facts. Trayvon Martin has been transformed from a troubled youth who died in a confusing fight to a martyr because civil rights groups and others that seek to profit from the focus on race need him to symbolize their effort to persuade America that nothing has changed since 1965. The same is true of Holder’s rant about Texas and voter ID. The courts should dismiss this claim just as decisively as the Zimmerman jury rejected a murder charge.

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The Leak Inquisition and Press Freedom

The United States has a right to protect secrets. Though President Obama often speaks as if the West is not still locked in a life-and-death struggle with Islamist terrorists, the security needs of this nation are still considerable and require discretion on the part of those entrusted with them. But even those who honor the notion that the public does not need to know every bit of classified information in the possession of the government should be alarmed at the willingness of the administration to act as if leaking is the primary threat to the rule of law. The alarming nature of the Department of Justice’s jihad against the press was made all too clear early this year when news of the government’s spying on Associated Press reporters and Fox News correspondent James Rosen was revealed. But if a federal appellate court ruling issued last week stands, the problem may be far worse than we thought.

On Friday, the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia decided that New York Times reporter James Risen must testify in the trial of a former CIA official accused of leaking information that was allegedly used to help write a 2006 book. Doing so would not just violate Risen’s pledge not to reveal his sources but would constitute a major infringement of press freedom that could have serious consequences for the future of American democracy. While the right to shield sources is not absolute, by ruling in this manner, the Fourth Circuit could be establishing a precedent that will make it impossible not just to pursue investigative journalism, which relies on confidential sources, but for news gathering organizations to conduct any sort of scrutiny of the intelligence and defense establishment. Though this ruling has not gotten a fraction of the coverage accorded to the AP and Rosen scandals, it is potentially more far-reaching in its scope. For once, I agree with the Times editorial column which rightly says today that this ruling should be overturned by the U.S. Supreme Court.

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The United States has a right to protect secrets. Though President Obama often speaks as if the West is not still locked in a life-and-death struggle with Islamist terrorists, the security needs of this nation are still considerable and require discretion on the part of those entrusted with them. But even those who honor the notion that the public does not need to know every bit of classified information in the possession of the government should be alarmed at the willingness of the administration to act as if leaking is the primary threat to the rule of law. The alarming nature of the Department of Justice’s jihad against the press was made all too clear early this year when news of the government’s spying on Associated Press reporters and Fox News correspondent James Rosen was revealed. But if a federal appellate court ruling issued last week stands, the problem may be far worse than we thought.

On Friday, the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia decided that New York Times reporter James Risen must testify in the trial of a former CIA official accused of leaking information that was allegedly used to help write a 2006 book. Doing so would not just violate Risen’s pledge not to reveal his sources but would constitute a major infringement of press freedom that could have serious consequences for the future of American democracy. While the right to shield sources is not absolute, by ruling in this manner, the Fourth Circuit could be establishing a precedent that will make it impossible not just to pursue investigative journalism, which relies on confidential sources, but for news gathering organizations to conduct any sort of scrutiny of the intelligence and defense establishment. Though this ruling has not gotten a fraction of the coverage accorded to the AP and Rosen scandals, it is potentially more far-reaching in its scope. For once, I agree with the Times editorial column which rightly says today that this ruling should be overturned by the U.S. Supreme Court.

Compelling Risen to testify in what is, after all, a criminal trial, may not seem unreasonable to those who are justifiably angry about the way classified information seems to be flowing from the government via WikiLeaks, Edward Snowden, and countless other examples of leaking, especially those with a political axe to grind. But while prosecuting leakers is justifiable, the government’s effort to criminalize journalism is not.

Attorney General Eric Holder was widely and rightly criticized for the Department of Justice’s outrageous description of Rosen as a “co-conspirator” along with a government employee in the crime of disclosing classified information. Journalists are not above the law, but in order to do their jobs they must have the right to speak to government officials and not be treated as felons for normal interactions with sources. Since the furor over DOJ’s wrongful conduct in the Rosen case, Holder has issued guidelines for dealing with the press to prosecutors that will supposedly ensure that this sort of unjustified snooping won’t be repeated. But the Fourth Circuit has seemingly given a seal of approval to prosecutorial abuses that are just as bad as the conduct Holder sought to abolish.

A government that makes it next to impossible for investigative journalism to thrive is not one that has a thriving free press. If Holder and his boss President Obama are truly serious about press freedom and putting this scandal to rest, they will save the high court the trouble of overruling the Fourth Circuit, and quash Risen’s subpoena immediately. Government secrets are important, but not more important than preserving the First Amendment.

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Wyden’s Stunt Was Congress at its Worst

On the face of it what happened in March was an example of everything that is wrong with government. When asked a straightforward question about whether the government collects data on millions of Americans, the director of national intelligence said the answer was no. In the wake of the revelation of the PRISM program that we know involves the capture of such data, James Clapper’s answer to Senator Ron Wyden’s question appears to be a big fat lie for which the DNI should pay with his job. Clapper’s deception seems to be just one more instance of governmental misbehavior along with Benghazi, the IRS scandal and the Justice Department’s spying on the Associated Press and Fox News. His dishonest answer is seen by many as little different from Attorney General Eric Holder’s lie when he was asked whether the government contemplated prosecutions of journalists even though he had already signed off on a court document in which Fox News’s James Rosen was labeled a “co-conspirator” and a flight risk.

But though I have little sympathy for Clapper, whose policy positions on the Islamist threat are highly questionable, lumping him together with Holder would not be fair. Far from being an honest probe into what the government was doing, it’s actually yet another example of how congressional grandstanding does the country little good. Wyden, who was already well briefed on PRISM and other intelligence operations, already knew the answer to the question when he asked it. But he also knew that it would have been inappropriate, if not illegal, for Clapper to answer the question honestly since doing so would have required him to publicly reveal highly classified information that ought not to be made available to America’s enemies. Wyden’s purpose wasn’t to shed light but to merely embarrass Clapper and the administration.

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On the face of it what happened in March was an example of everything that is wrong with government. When asked a straightforward question about whether the government collects data on millions of Americans, the director of national intelligence said the answer was no. In the wake of the revelation of the PRISM program that we know involves the capture of such data, James Clapper’s answer to Senator Ron Wyden’s question appears to be a big fat lie for which the DNI should pay with his job. Clapper’s deception seems to be just one more instance of governmental misbehavior along with Benghazi, the IRS scandal and the Justice Department’s spying on the Associated Press and Fox News. His dishonest answer is seen by many as little different from Attorney General Eric Holder’s lie when he was asked whether the government contemplated prosecutions of journalists even though he had already signed off on a court document in which Fox News’s James Rosen was labeled a “co-conspirator” and a flight risk.

But though I have little sympathy for Clapper, whose policy positions on the Islamist threat are highly questionable, lumping him together with Holder would not be fair. Far from being an honest probe into what the government was doing, it’s actually yet another example of how congressional grandstanding does the country little good. Wyden, who was already well briefed on PRISM and other intelligence operations, already knew the answer to the question when he asked it. But he also knew that it would have been inappropriate, if not illegal, for Clapper to answer the question honestly since doing so would have required him to publicly reveal highly classified information that ought not to be made available to America’s enemies. Wyden’s purpose wasn’t to shed light but to merely embarrass Clapper and the administration.

Edward Snowden’s leak about the existence and purpose of PRISM made sure that Wyden’s questioning of Clapper would become a major story, thus giving the Oregon senator the prize he sought. As the clip of Clapper’s lie is shown in a seemingly endless loop on the cable news stations, Wyden is back in the spotlight posturing about the need for “straight talk” from the administration. But the senator, who has carefully built up a reputation as a sober advocate of civil liberties, is the one who is being disingenuous, not Clapper.

Clapper’s attempts to wriggle out of the corner into which Wyden put him are laughable. The attempts to parse his answer to Wyden’s question as being technically truthful don’t work and he should stop trying to claim that he didn’t lie. But a dispassionate view of these circumstances shows that there are times when honesty is not always the best policy.

As guardian of the nation’s secrets, Clapper’s first duty is to ensure that efforts to combat Islamist terror are protected. Whether one likes PRISM or not—and count me among those who regard efforts to depict it as an Orwellian scheme as wrongheaded—the whole purpose of the program would have been undermined had it been made public. Wyden’s goal that day was not to elicit information so much as it was to force Clapper to choose between trashing a legal and necessary security measure and to lie. Though he must have hated doing it—something that showed up clearly in his body language as he told the lie—I can’t blame him for sacrificing his own credibility in order to protect a national secret.

Unlike Holder, who had no security or policy reason to lie about his targeting of James Rosen when he lied to Congress about that issue, Clapper was faced with a real dilemma and probably chose the lesser of two evils.

The real culprit that day was Wyden, who used the bully pulpit of a Senate committee hearing to create a sound byte. His pious declamations about his goals notwithstanding, by asking that question in public, he was seeking to trash a measure that by all accounts has been helpful in defending the nation. Like so many senators and members of Congress who have used hearings to posture more than legislate, Wyden’s question was pure theater. Rather than this episode being an example of administration misconduct, it was actually one that illustrated what happens when a senator gets the chance to grandstand in front of a television camera.

Whatever we may think of Clapper, he doesn’t deserve the opprobrium he has been getting on this issue. If anyone deserves our disdain here it is the senator who placed his ideological agenda ahead of the country’s national security needs.

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West Wing Throws Holder Under the Bus

Liberals and Democrats have been doing their best to stonewall calls for Attorney General Eric Holder’s resignation, but apparently some of those serving in the office of his boss aren’t as much in love with him as some of his defenders elsewhere. That’s the only way to interpret the astonishing quotes from West Wing officials in yesterday’s front-page feature on Holder in the Sunday New York Times. Leaks from sources in the Obama White House to the Times are a staple of contemporary journalism, even though they are not likely to generate investigations even when highly classified information concerning security is involved. But what was so interesting about this latest story is the way some of the Times‘s usual sources dished on Holder yesterday:

While the White House publicly backed Mr. Holder as he tried to smooth over the latest uproar amid new speculation about his future, some in the West Wing privately tell associates they wish he would step down, viewing him as politically maladroit. But the latest attacks may stiffen the administration’s resistance in the near term to a change for fear of emboldening critics.

Democrats continue to regard Republican attacks on Holder as reason enough to support him, but the notion that everyone inside the administration is thrilled with his performance is obviously an exaggeration at best. Though liberals continue to deny that he committed perjury when he testified before the House of Representatives and denied knowing about potential prosecutions of journalists—a statement that failed to take into account his role in the investigation of Fox News’s James Rosen—the White House leaks show Holder is unlikely to survive in office for long.

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Liberals and Democrats have been doing their best to stonewall calls for Attorney General Eric Holder’s resignation, but apparently some of those serving in the office of his boss aren’t as much in love with him as some of his defenders elsewhere. That’s the only way to interpret the astonishing quotes from West Wing officials in yesterday’s front-page feature on Holder in the Sunday New York Times. Leaks from sources in the Obama White House to the Times are a staple of contemporary journalism, even though they are not likely to generate investigations even when highly classified information concerning security is involved. But what was so interesting about this latest story is the way some of the Times‘s usual sources dished on Holder yesterday:

While the White House publicly backed Mr. Holder as he tried to smooth over the latest uproar amid new speculation about his future, some in the West Wing privately tell associates they wish he would step down, viewing him as politically maladroit. But the latest attacks may stiffen the administration’s resistance in the near term to a change for fear of emboldening critics.

Democrats continue to regard Republican attacks on Holder as reason enough to support him, but the notion that everyone inside the administration is thrilled with his performance is obviously an exaggeration at best. Though liberals continue to deny that he committed perjury when he testified before the House of Representatives and denied knowing about potential prosecutions of journalists—a statement that failed to take into account his role in the investigation of Fox News’s James Rosen—the White House leaks show Holder is unlikely to survive in office for long.

As the Times story suggests, Holder’s long tenure despite a series of disasters that included the Fast and Furious scandal as well as the revelations about the Department of Justice’s snooping on the Associated Press and Fox News is purely a function of having friends in high places. In Holder’s case that means Obama consigliere Valerie Jarrett and her good friend Michelle Obama, who also happens to be pals with Holder’s wife. The president also likes Holder and that, and only that, has kept him in place despite the public relations disaster that has unfolded in recent weeks.

Any other Cabinet official that lied to Congress and then spoke of “regrets” to the Daily Beast in the same week as he tried to get the press to make nice with him in off-the-record meetings would be widely thought of as having one foot on a banana peel and another out the door. But with three aces like that in his hand, Holder may be under no real pressure to resign. That’s why some deep thinkers in the West Wing have realized that despite the loyalty felt toward Holder by the boss and the most powerful women in the administration, he is a clear liability that is helping to mire the president’s second term in scandal.

The West Wing leakers are right about Holder’s problems.

“The White House is apoplectic about him, and has been for a long time,” said a Democratic former government official who did not want to be identified while talking about friends.

Some advisers to Mr. Obama believe that Mr. Holder does not manage or foresee problems, the former official said. “How hard would it be to anticipate that The A.P. would be unhappy?” the former official said. “And then they haven’t defended their position.”

But, of course, Holder’s problems go a lot deeper than a lack of PR expertise. Holder’s lies about the Rosen investigation help feed the public’s frustration with the administration’s incompetence that flows from the Benghazi and IRS scandals. But they are also a sign of a department of Justice that is out of control and a leader with a credibility problem.

Democrats may be confident that the last of month of scandals will eventually calm down and that most Americans won’t care that much about them in the long run. But so long as Eric Holder remains in office, it’s going to be difficult for the administration to turn the page. Holder serves at the pleasure of the president, and so long as Obama sticks with him he need not resign, even as he is raked over the coals for his mendacity before Congress. But the cracks in the heretofore solid wall of administration defense of Holder shows that even he knows it’s only a matter of time before he packs it in.

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Holder Should Resign, but Obama Is the Problem

A prediction: there will be an effort by Team Obama to rally around Eric Holder, but before too long he will resign as attorney general. He’ll do so because he’s doing considerable, even durable, damage to the president–and the president, well-versed in the Chicago Way, will jettison Holder if he determines it’s in his political interest.

It is.

The attorney general is being criticized, and being urged to resign, from those on both the left and the right. The House of Representative is considering looking into whether Mr. Holder committed perjury (he clearly misled Congress on his role in the James Rosen matter). And in the background of all this is the fact that Holder is a man of unusual incompetence.

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A prediction: there will be an effort by Team Obama to rally around Eric Holder, but before too long he will resign as attorney general. He’ll do so because he’s doing considerable, even durable, damage to the president–and the president, well-versed in the Chicago Way, will jettison Holder if he determines it’s in his political interest.

It is.

The attorney general is being criticized, and being urged to resign, from those on both the left and the right. The House of Representative is considering looking into whether Mr. Holder committed perjury (he clearly misled Congress on his role in the James Rosen matter). And in the background of all this is the fact that Holder is a man of unusual incompetence.

Set aside Holder’s record of pushing to reopen an investigation of CIA interrogators who had already been cleared by career prosecutors and wanting to try 9/11 mastermind Khalid Sheik Mohammed in a civilian court in Manhattan, both of which were busts (for more, see here); Mr. Holder can’t even organize a mea culpa with the press without turning it into a controversy.

Now, I’d prefer for Mr. Holder to resign, if only because I’d prefer that a man who misled Congress regarding his role in secretly monitoring the private e-mails of Fox’s James Rosen and for his role in the Fast and Furious operation (for which he was held in contempt of Congress)–a man who is self-righteous as well inept–not be attorney general of the United States. But whether Holder stays or goes is, if not exactly beside the point, not the central issue involved here.

What matters is that we have an administration that had contempt for the rule of law and believes it is right and proper to use the power of the federal government to target, intimidate, and silence its political opponents. That has been happening since nearly the beginning of the Obama Era. Eric Holder is not the generator of this culture of intimidation and corruption; he is merely one of its executioners. The real problem with the Obama administration begins at the top. Getting rid of Eric Holder may be a good idea. But it won’t solve the deeper pathologies of this presidency.

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Holder’s Divide and Conquer Strategy

Attorney General Eric Holder’s press charm offensive began earlier this week with an interview in the Daily Beast in which he expressed regrets for the Justice Department’s spying on journalists. It escalated yesterday with the first of a series of meetings with publication executives and bureau chiefs where he claimed the DOJ would rethink its guidelines for dealing with journalists who have been leaked government information.

But while these efforts may seem like futile gestures that won’t get Holder off the hook, they are actually a clever tactic. Those who attend these meetings need to be conscious that what is going on is not so much an attempt to mend fences with the media but an effort to divide and conquer the press. The attorney general and the president know that if they can tap into the liberal mainstream media’s inherent sympathy for Obama and antipathy for his critics, they can divert attention from the current spate of scandals. The refusal of many liberal pundits–who had joined in the universal condemnation of the government’s spying on the Associated Press and Fox News reporter James Rosen–to connect the dots when it comes to Holder’s lies about the issue shows that there is good reason to believe the administration can succeed in avoiding being held accountable for their actions. Getting journalists to make nice with Holder rather than hold his feet to the fire is the first step toward making this a reality.

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Attorney General Eric Holder’s press charm offensive began earlier this week with an interview in the Daily Beast in which he expressed regrets for the Justice Department’s spying on journalists. It escalated yesterday with the first of a series of meetings with publication executives and bureau chiefs where he claimed the DOJ would rethink its guidelines for dealing with journalists who have been leaked government information.

But while these efforts may seem like futile gestures that won’t get Holder off the hook, they are actually a clever tactic. Those who attend these meetings need to be conscious that what is going on is not so much an attempt to mend fences with the media but an effort to divide and conquer the press. The attorney general and the president know that if they can tap into the liberal mainstream media’s inherent sympathy for Obama and antipathy for his critics, they can divert attention from the current spate of scandals. The refusal of many liberal pundits–who had joined in the universal condemnation of the government’s spying on the Associated Press and Fox News reporter James Rosen–to connect the dots when it comes to Holder’s lies about the issue shows that there is good reason to believe the administration can succeed in avoiding being held accountable for their actions. Getting journalists to make nice with Holder rather than hold his feet to the fire is the first step toward making this a reality.

Though most of those invited to the meetings begged off because holding an off-the-record talk with the person at the center of this scandal was inappropriate, those who did show up dished most of the details. As Politico, whose editor-in-chief John Harris was there, reported, the talk centered on non-controversial suggestions about seeking a better “balance” between protecting national security and respecting the First Amendment rights of journalists.

That’s all well and good but what the press needs to be doing with General Holder is not holding his hand and pledging mutual coexistence. He needs to be pressed on why he lied to Congress on May 15 about knowing nothing about potential prosecutions of journalists when he had already signed off on documents accusing Rosen of being a “co-conspirator” in a crime for doing his job. Holder and his boss President Obama also need to explain how it is the same person that was responsible for these outrageous attacks on press freedoms can possibly be trusted to stop such abuses in the future.

The point is we don’t really need a redrawing of guidelines about national security and the press. What we need is an attorney general who respects the Constitution.

No one disputes that the government has a duty to protect genuine secrets or that the press should not publish or broadcast material that would endanger lives or compromise America’s ability to defend itself. But despite the pious proclamations on these subjects emanating from those seeking to rationalize the indefensible treatment of the AP and Rosen, what’s happened the past four and half years can’t really be excused in that manner.

Holder’s jihad against the press isn’t really about leaks. Leaking is, after all, something the Obama White House has turned into an art form. The series of flattering stories about Obama’s prowess as a national security leader that wound up on the front page of the Sunday New York Times last year prior to his re-election were all anonymously sourced from administration figures. But we have yet to hear of anyone in the White House or their little friends in the media getting the James Rosen treatment.

This administration has prosecuted more people for speaking about government secrets than all of its predecessors combined. What Holder has done is to create an atmosphere of intimidation aimed at preventing people from talking about government operations with the press, not making it harder for officials to puff the president even if, as with the case with last year’s stories in the Times, they were based on highly secret national security matters.

What is needed at DOJ is a change of leadership, not better communication skills. Anyone in the media, especially those who troop to Holder’s office to make nice with him this week, needs to keep that in mind. Liberal journalists who protect this president and his attorney general rather than defending the principles of a free press are falling prey to a divide and conquer strategy aimed at isolating the president’s critics, not a reevaluation of a flawed policy.

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Excusing Eric Holder’s Deceptions

The way the press has united to protest the Justice Department’s attempts to spy on journalists has been remarkable. Though a few outlier contrarians are claiming the Associated Press or James Rosen of Fox News were in the wrong and deserved to be snooped on, from right to left the press has largely joined together to protest this unprecedented encroachment on the constitutional rights of journalists. Even most liberal members of the media understand that the attempt to brand Rosen’s activity as a violation of the 1917 Espionage Act is nothing less than an attempt to criminalize reporting about the government.

However, there are clear limits to the sense of outrage about government’s war on journalists. What we have witnessed in the last month is what Jonah Goldberg wittily referred to as an Arab Spring in the media as some Obama apologists have allowed the leak prosecutions, as well as questions about Benghazi and the IRS, to cause them to do some unusually critical reporting about the administration. But when it comes to connecting the dots between their justified outrage and Attorney General Eric Holder’s conduct, the old partisan divide appears to be reappearing. Though Holder appears to have either perjured himself when he appeared before a House committee on May 15 when testifying about prosecutions of journalists or else lied on the documents he sent to federal judges to get them to authorize the snooping on James Rosen, many in the press have reverted to form and are giving him a pass.

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The way the press has united to protest the Justice Department’s attempts to spy on journalists has been remarkable. Though a few outlier contrarians are claiming the Associated Press or James Rosen of Fox News were in the wrong and deserved to be snooped on, from right to left the press has largely joined together to protest this unprecedented encroachment on the constitutional rights of journalists. Even most liberal members of the media understand that the attempt to brand Rosen’s activity as a violation of the 1917 Espionage Act is nothing less than an attempt to criminalize reporting about the government.

However, there are clear limits to the sense of outrage about government’s war on journalists. What we have witnessed in the last month is what Jonah Goldberg wittily referred to as an Arab Spring in the media as some Obama apologists have allowed the leak prosecutions, as well as questions about Benghazi and the IRS, to cause them to do some unusually critical reporting about the administration. But when it comes to connecting the dots between their justified outrage and Attorney General Eric Holder’s conduct, the old partisan divide appears to be reappearing. Though Holder appears to have either perjured himself when he appeared before a House committee on May 15 when testifying about prosecutions of journalists or else lied on the documents he sent to federal judges to get them to authorize the snooping on James Rosen, many in the press have reverted to form and are giving him a pass.

That’s the only way to explain the decision of many liberal pundits to accept the notion that Holder wasn’t lying to the House. To refresh our memories, here is what Holder said on May 15 when specifically questioned by Rep. Hank Johnson (D-Georgia) about the possibility of journalists being prosecuted under the Espionage Act for reporting information that the government labeled as classified:

With regard to the potential prosecution of the press for the disclosure of material, that is not something that I’ve ever been involved in, heard of or would think would be a wise policy. In fact, my view is quite the opposite.

Yet we know that early in Obama’s first term, Holder had personally signed off on requests for judicial permission to read James Rosen’s emails and seize his phone records by labeling him as a “co-conspirator” and someone who “aided and abetted” a crime by seeking to get a source to give him information.

Holder’s liberal defenders as well as the White House are parsing his statement as being about actual ongoing attempts to prosecute and since Rosen hadn’t actually been charged, what the attorney general said could be interpreted as being literally true. But Holder referred to “potential prosecution of the press,” not cases already on the dock. That means that the most generous way to evaluate his statement is to say that it was an attempt to deceive. In plain English, he perjured himself and there’s little doubt that’s exactly what liberal pundits would be saying if any of George W. Bush’s attorney generals had spoken in this manner to Congress.

An alternative interpretation is that Holder’s statement was true because the DOJ’s request for the right to spy on Rosen was where the lying occurred. It is entirely possible that the document with Holder’s signature that spoke of Rosen as a “co-conspirator” in a crime was blatantly disingenuous. While this administration has prosecuted more leakers (though not any of the anonymous White House officials who gave friendly media outlets flattering information about President Obama and his policies) than all of its predecessors combined, perhaps Holder wasn’t so stupid as to think he could actually get away with criminalizing journalism. Instead, he just brazenly lied to the judges in order to con them into authorizing federal snooping.

A third theory gets Holder off the hook for lying to Congress or the judiciary but is an indictment of his leadership. That one holds that Holder didn’t know what was being done in his name (even on documents he signed) and therefore simply came up blank when asked about the Espionage Act. This fits in with the “we’re not criminal, just incompetent” excuse the administration has been using on the IRS and Benghazi. But it also treats Holder as a cipher rather than the experienced and powerful figure that he actually is.

But no matter which of these three options you want to pick, Holder has clearly exhibited behavior that is not only not up to the high standards the president supposedly holds for his government but is a disgrace by any standard. It’s time for liberals to stop trying to excuse his mendacious behavior. Holder may still have the affection of his friend in the Oval Office, but its time for his defenders in the press to cut him loose.

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