Commentary Magazine


Topic: Eric Holder

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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Is Holder on the Way Out?

President Obama has shown a remarkable ability to tune out the media as well as public opinion when it suits him. That should stand Attorney General Eric Holder in good stead as he weathers the backlash that he is facing in the wake of the revelations of Department of Justice’s shocking attacks on the freedom of the press. Holder is an Obama loyalist and probably the most experienced Washington hand in the administration and the one figure many observers thought most likely to last from the beginning to the end of the Obama presidency. Yet the latest statements coming from Holder about the investigations into Fox News reporter James Rosen and the Associated Press that he authorized show how weak his position has become. Throw in the growing realization even on the left that Holder must go, and you get the sense that even a president who is reluctant to make his allies walk the plank—even if that would help his political standing—is starting to consider asking the attorney general to disappear.

Holder’s claim in an interview in the Daily Beast that he didn’t understand the ramifications of his decisions until he read about them in the Washington Post lacks credibility. So, too, do his sappy expressions of “regret” about the way his department—with his direct approval—has infringed on the rights of the press. But given all we know about what went into the effort to find a judge to sign off on these probes, as our John Podhoretz wrote this morning in the New York Post, “the whole story smells to high heaven.” But the willingness of prominent Obama supporters to view this mess with the same sort of disdain may mean a tipping point has been reached. Liberal legal analyst Jonathan Turley’s column in USA Today notes that this isn’t the first time Holder has tried to deny responsibility for scandals such as the Fast and Furious debacle. But the lies Holder told when he testified at a hearing of the House Judiciary Committee about the seizure of the AP’s phone records as well as the subsequent fibbing about this issue make it necessary that the president fire the attorney general as soon as possible.

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President Obama has shown a remarkable ability to tune out the media as well as public opinion when it suits him. That should stand Attorney General Eric Holder in good stead as he weathers the backlash that he is facing in the wake of the revelations of Department of Justice’s shocking attacks on the freedom of the press. Holder is an Obama loyalist and probably the most experienced Washington hand in the administration and the one figure many observers thought most likely to last from the beginning to the end of the Obama presidency. Yet the latest statements coming from Holder about the investigations into Fox News reporter James Rosen and the Associated Press that he authorized show how weak his position has become. Throw in the growing realization even on the left that Holder must go, and you get the sense that even a president who is reluctant to make his allies walk the plank—even if that would help his political standing—is starting to consider asking the attorney general to disappear.

Holder’s claim in an interview in the Daily Beast that he didn’t understand the ramifications of his decisions until he read about them in the Washington Post lacks credibility. So, too, do his sappy expressions of “regret” about the way his department—with his direct approval—has infringed on the rights of the press. But given all we know about what went into the effort to find a judge to sign off on these probes, as our John Podhoretz wrote this morning in the New York Post, “the whole story smells to high heaven.” But the willingness of prominent Obama supporters to view this mess with the same sort of disdain may mean a tipping point has been reached. Liberal legal analyst Jonathan Turley’s column in USA Today notes that this isn’t the first time Holder has tried to deny responsibility for scandals such as the Fast and Furious debacle. But the lies Holder told when he testified at a hearing of the House Judiciary Committee about the seizure of the AP’s phone records as well as the subsequent fibbing about this issue make it necessary that the president fire the attorney general as soon as possible.

Turley thinks Holder has served as Obama’s principal “sin eater”—a high-ranking official who shields the president from responsibility for his action—throughout his presidency. But his claims that he knew nothing about the investigations that he had, in fact, personally authorized, lays him open to charges of perjury. As Turley writes, Holder is “the best witness against his continuing in office.”

His insistence that he did nothing was a telling moment. The attorney general has done little in his tenure to protect civil liberties or the free press. Rather, Holder has supervised a comprehensive erosion of privacy rights, press freedom and due process. This ignoble legacy was made possible by Democrats who would look at their shoes whenever the Obama administration was accused of constitutional abuses.

He’s right about that. It’s past time for Democrats to start stepping up and show that their statements about defending the First Amendment rights of the press are more than empty rhetoric.

The president may have thought he could get away by ordering a probe of what happened in the AP and Fox cases by none other than the attorney general, but that isn’t going to work. Holder’s misleading testimony to Congress about the unprecedented attack on the press is the sort of thing that could make it impossible for the bleeding on this story to stop without a change at the Department of Justice. As much as the president may want to pretend that this is a partisan attack on his friend, that’s a line of argument that is rapidly becoming unsustainable. Unless Obama is willing to get rid of Holder, he will no longer be able to keep distancing the White House from this scandal. While the president may be slow to come to this realization, the end of Holder’s disastrous tenure may be in sight.

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Team Obama’s Damascus Road Experiences

We’re seeing some remarkable conversions occur before our very eyes. Take David Axelrod, who was President Obama’s top political adviser in the White House.

For years Axelrod, along with Anita Dunn and others, led a Nixonian campaign to discredit and delegitimize Fox News. Yet now Axelrod is angst-ridden and aggrieved at the Justice Department’s surveillance of a Fox News reporter, James Rosen, telling MSNBC’s “Morning Joe” that he finds all of this “disturbing.”

“I do think there are real issues regarding the relationship with the media on this leak matter,” according to Axelrod. “The notion of naming a journalist as a co-conspirator for receiving information is something that I find very disturbing.”

Mr. Axelrod’s professed solidarity with Fox News is touching. But a few of us thought the effort back in 2009 to target Fox was disturbing, too – and we went on to predict that it would lead to something that looks very much like what has occurred: the abuse of government power to intimidate people Team Obama viewed as a threat.

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We’re seeing some remarkable conversions occur before our very eyes. Take David Axelrod, who was President Obama’s top political adviser in the White House.

For years Axelrod, along with Anita Dunn and others, led a Nixonian campaign to discredit and delegitimize Fox News. Yet now Axelrod is angst-ridden and aggrieved at the Justice Department’s surveillance of a Fox News reporter, James Rosen, telling MSNBC’s “Morning Joe” that he finds all of this “disturbing.”

“I do think there are real issues regarding the relationship with the media on this leak matter,” according to Axelrod. “The notion of naming a journalist as a co-conspirator for receiving information is something that I find very disturbing.”

Mr. Axelrod’s professed solidarity with Fox News is touching. But a few of us thought the effort back in 2009 to target Fox was disturbing, too – and we went on to predict that it would lead to something that looks very much like what has occurred: the abuse of government power to intimidate people Team Obama viewed as a threat.

Speaking of the scales falling from their eyes, we’re now asked to believe that Attorney General Eric Holder, is “beginning to feel a creeping sense of personal remorse” for his role in authorizing a search warrant that named James Rosen as an “aider, abettor and/or co-conspirator” in a crime. A very well developed sense of right and wrong, combined with the fear that he might have committed perjury in his Congressional testimony, will do that to a fellow.

We’re seeing a variation of this with the IRS scandal. The president and Democrats are falling all over themselves condemning the abuse of power by the IRS. But what they conveniently forget is their role in creating a climate that allowed the abuse to flourish. After all, when the DNC runs ads accusing pro-Republican groups of “stealing our democracy,” when the president of the United States suggests they are breaking the law, and when senior Democratic Senators write letters (see here) to the IRS requesting that it survey major nonprofits involved in political campaign activity for their possible “violation of tax laws,” what you are bound to get is what we now have.

The president and his top aides gave clear guidance as to which properties needed to be targeted and provided the accelerants to get a fire burning. And now they profess being shocked that arson was going on.

How stupid do they think we are?

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Holder’s Post-9/11 Backlash Myth

Attorney General Eric Holder left out an important detail from his speech today in which he scolded Americans about not repeating their alleged bias toward Muslims after 9/11. He was on firm ground when he rightly denounced any “misguided acts of retaliation” against Muslims after the Boston Marathon bombing. But in resurrecting the myth that Arabs and Muslims suffered a post-9/11 backlash by an America that was driven to prejudice by terrorism, the top law enforcement official in the nation forgot to tell a gathering of the Anti-Defamation League that attacks against Muslims have been statistically insignificant after 2001 and remain far below the level of reported attacks and incidents involving anti-Semitism.

Ironically, the head of his host organization—which is celebrating its centennial—pointed this out in an interview just this past weekend in Israel’s Haaretz newspaper. Foxman effectively debunked Holder in advance when he said the following:

“There are ten times as many acts directed against Jews as there are against Muslims,” Foxman says. “That doesn’t mean that there isn’t animosity toward Muslims, but even after Boston, you’re not seeing attacks against mosques, you’re not seeing people demonstrating in the streets. That’s something very unique in this country. It’s almost a miracle. It would never happen in Europe.”

He continues, “When people applauded in Boston that the terrorists were captured, there was no negative [repercussion]. The same thing happened after 9/11 – we were so concerned at the time that we took out an ad in the New York Times: ‘You don’t fight hate with hate.’ But it didn’t happen. And it’s not happening now. And that drives the Islamophobes crazy. It drives them nuts.”

Foxman’s right. It didn’t happen after 9/11 and it’s not happening now, which makes the disapproving tone of Holder’s diatribe somewhat suspicious. As I pointed out in an article in COMMENTARY in 2010 on the impact of the post-9/11 backlash myth on the Ground Zero mosque controversy, though the idea of a wave of discriminatory attacks against Muslims has been mentioned so often in the media that it has become an accepted truth, it isn’t borne out by the record. Every subsequent release of FBI hate crime statistics tells the same story: attacks against Jews far outnumber those against Muslims and Arabs even during the periods when the latter were supposedly under siege.

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Attorney General Eric Holder left out an important detail from his speech today in which he scolded Americans about not repeating their alleged bias toward Muslims after 9/11. He was on firm ground when he rightly denounced any “misguided acts of retaliation” against Muslims after the Boston Marathon bombing. But in resurrecting the myth that Arabs and Muslims suffered a post-9/11 backlash by an America that was driven to prejudice by terrorism, the top law enforcement official in the nation forgot to tell a gathering of the Anti-Defamation League that attacks against Muslims have been statistically insignificant after 2001 and remain far below the level of reported attacks and incidents involving anti-Semitism.

Ironically, the head of his host organization—which is celebrating its centennial—pointed this out in an interview just this past weekend in Israel’s Haaretz newspaper. Foxman effectively debunked Holder in advance when he said the following:

“There are ten times as many acts directed against Jews as there are against Muslims,” Foxman says. “That doesn’t mean that there isn’t animosity toward Muslims, but even after Boston, you’re not seeing attacks against mosques, you’re not seeing people demonstrating in the streets. That’s something very unique in this country. It’s almost a miracle. It would never happen in Europe.”

He continues, “When people applauded in Boston that the terrorists were captured, there was no negative [repercussion]. The same thing happened after 9/11 – we were so concerned at the time that we took out an ad in the New York Times: ‘You don’t fight hate with hate.’ But it didn’t happen. And it’s not happening now. And that drives the Islamophobes crazy. It drives them nuts.”

Foxman’s right. It didn’t happen after 9/11 and it’s not happening now, which makes the disapproving tone of Holder’s diatribe somewhat suspicious. As I pointed out in an article in COMMENTARY in 2010 on the impact of the post-9/11 backlash myth on the Ground Zero mosque controversy, though the idea of a wave of discriminatory attacks against Muslims has been mentioned so often in the media that it has become an accepted truth, it isn’t borne out by the record. Every subsequent release of FBI hate crime statistics tells the same story: attacks against Jews far outnumber those against Muslims and Arabs even during the periods when the latter were supposedly under siege.

To note this is not to sanction bias against Muslims. No one should hold any individual responsible for the actions of the ethnic or religious group to which they belong, let alone crimes committed by a small minority, as is the case with American Muslims. Hate crimes of any sort are despicable and deserve severe punishment. But the false narrative of anti-Muslim discrimination fostered by radical groups that purport to speak for that community is intended to do more than squelch bias. The purpose is to forestall any effort to bring those sectors of the Muslim community under scrutiny for their role in the growth of Islamist extremism and homegrown terrorism on our shores.

Holder, who never mentioned that the Tsarnaev brothers were Muslim in his speech, is doing neither the country nor Muslims any favor by playing this card. Falsely labeling all investigations of Islamist groups and mosques in this country as nothing more than prejudice has become a standard trope in the aftermath of every instance of terror conducted by radical Muslims in the United States. In doing so, those promoting this distorted version of history have hampered counter-terror operations and made it more difficult for the responsible and law-abiding Muslim majority to reject the radicals in their midst.

The only way to end this cycle of extremism is for the government and the media to stop being so frightened of being labeled as bigots and to empower American Muslims to cast out the Islamists in their midst. Until that happens, we will continue to rerun the same tired script with the same tragic consequences.

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Eric Holder’s Reckless Assertion

During a speech to the Mexican American Legal Defense and Educational Fund, Attorney General Eric Holder said that creating a “pathway to earned citizenship” was a “civil right.” Mr. Holder put it this way:

 

Creating a pathway to earned citizenship for the 11 million unauthorized immigrants in this country is essential. The way we treat our friends and neighbors who are undocumented – by creating a mechanism for them to earn citizenship and move out of the shadows – transcends the issue of immigration status. This is a matter of civil and human rights. It is about who we are as a nation. And it goes to the core of our treasured American principle of equal opportunity.

As someone who believes in earned citizenship if it’s done in the context of other steps related to border security and encouraging more high-skilled workers coming to America, perhaps I have a bit of standing to say that what Holder said is nonsense. Offering earned citizenship to illegal aliens falls under the category of prudential arguments about immigration reform. There are serious policy arguments on both sides.

But Attorney General Holder’s claim is more than simply silly; it is also pernicious. It attempts to frame this debate not on the merits of granting a pathway to citizenship for those who have violated our laws; it’s an effort to frame it as a conflict between those who support (good people) and those who oppose (bad people) basic human rights. This is an effort, in other words, to demonize those with whom one disagrees, and therefore creates yet more polarization and anger and self-righteousness in a debate that probably needs less of it.

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During a speech to the Mexican American Legal Defense and Educational Fund, Attorney General Eric Holder said that creating a “pathway to earned citizenship” was a “civil right.” Mr. Holder put it this way:

 

Creating a pathway to earned citizenship for the 11 million unauthorized immigrants in this country is essential. The way we treat our friends and neighbors who are undocumented – by creating a mechanism for them to earn citizenship and move out of the shadows – transcends the issue of immigration status. This is a matter of civil and human rights. It is about who we are as a nation. And it goes to the core of our treasured American principle of equal opportunity.

As someone who believes in earned citizenship if it’s done in the context of other steps related to border security and encouraging more high-skilled workers coming to America, perhaps I have a bit of standing to say that what Holder said is nonsense. Offering earned citizenship to illegal aliens falls under the category of prudential arguments about immigration reform. There are serious policy arguments on both sides.

But Attorney General Holder’s claim is more than simply silly; it is also pernicious. It attempts to frame this debate not on the merits of granting a pathway to citizenship for those who have violated our laws; it’s an effort to frame it as a conflict between those who support (good people) and those who oppose (bad people) basic human rights. This is an effort, in other words, to demonize those with whom one disagrees, and therefore creates yet more polarization and anger and self-righteousness in a debate that probably needs less of it.

What Holder said also reveals a fairly common mindset of those on the left, which is to characterize whatever position they embrace not simply as correct but as a basic civil right. In other words, as something fundamental and teleological, as a right that is ours based on our nature as human beings. The idea that a person who violates American sovereignty by illegally crossing our borders should be given a pathway to citizenship as a matter of civil and human rights is therefore indefensible, an invention. The attorney general is employing a very serious concept in a reckless way. And it empties the term of meaning, just as promiscuously accusing those who oppose the policies of President Obama of racism empties that charge of meaning. It really ought to stop, since human rights violations and racism really do exist.

Offering earned citizenship to those who are in America illegally may make sense economically, from a security standpoint, and even morally. Fine; if one believes that, then make the arguments. But words actually mean something — human rights and civil rights as concepts mean something — and so for Holder to make the claim that he did is quite unfortunate. But it is also, alas, quite predictable.

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Report Cites F&F Failures, Clears Holder

A lengthy report released by the Department of Justice inspector general’s office this afternoon cites serious failures in management related to the Fast and Furious scandal, singling out 14 employees for sanction review but ultimately finding that Attorney General Eric Holder had no knowledge of the operation prior to early 2011. The Wall Street Journal reports:

A Justice Department watchdog recommended that 14 employees be reviewed for possible sanctions in light of a “pattern of serious failures” at the department and the Bureau of Alcohol, Tobacco, Firearms and Explosives in overseeing the botched Fast and Furious operation against gun traffickers.

Justice Department Inspector General Michael Horowitz released the more than 400-page report Wednesday, the most extensive review of the actions by federal officials in Arizona and Washington that led to the scandal.

Among his findings, he said that Attorney General Eric Holder wasn’t aware of the tactics being used in the operation until early 2011, an issue that has become a point of contention with Republican lawmakers who have accused Mr. Holder of authorizing the flawed probe.

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A lengthy report released by the Department of Justice inspector general’s office this afternoon cites serious failures in management related to the Fast and Furious scandal, singling out 14 employees for sanction review but ultimately finding that Attorney General Eric Holder had no knowledge of the operation prior to early 2011. The Wall Street Journal reports:

A Justice Department watchdog recommended that 14 employees be reviewed for possible sanctions in light of a “pattern of serious failures” at the department and the Bureau of Alcohol, Tobacco, Firearms and Explosives in overseeing the botched Fast and Furious operation against gun traffickers.

Justice Department Inspector General Michael Horowitz released the more than 400-page report Wednesday, the most extensive review of the actions by federal officials in Arizona and Washington that led to the scandal.

Among his findings, he said that Attorney General Eric Holder wasn’t aware of the tactics being used in the operation until early 2011, an issue that has become a point of contention with Republican lawmakers who have accused Mr. Holder of authorizing the flawed probe.

The Daily Caller’s Matt Boyle reports that former ATF head Kenneth Melson and Jason Weinstein, a deputy assistant attorney general, have already stepped down as a result of the report.

Holder also came out swinging against Republican critics this afternoon, claiming the report “debunks” allegations made against him by members of the House GOP, particularly the charge that he knew about the operation earlier than he acknowledged. But this is far from a victory for him. The fact that the report found “a pattern of serious failures” and singled out 14 of his employees for penalties — including the two top-level officials who already resigned — is a pretty clear repudiation of Holder’s leadership.

If this report had come out six months ago, House Republicans might have been able to get their scalp. But the election is a month and a half away. Even if Obama is reelected, I can’t imagine Holder would stick around for a second term. This report slapped some wrists and held the DOJ accountable for some “serious failures,” while giving Holder enough cover to hold onto his job for the time being — which is probably enough to get him through to the end of his term.

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Texas Voter ID Case Determined by Past, Not Present Discrimination

The Obama administration won a victory today in their campaign to strike down voter ID laws. Only days after the United States District Court for the District of Columbia invalidated Texas’s new congressional and legislative districts, the same court struck down the state’s voter ID law. The court accepted the Justice Department’s arguments that the bill placed an undue burden on poor and minority voters. Texas has said it will appeal to the U.S. Supreme Court and its attorney general says he can prevail there because the court has previously ruled that voter ID laws are constitutional. State courts have upheld a voter ID law in Pennsylvania but Texas’ problem is that because of its past history of racial discrimination, it must get federal approval for anything relating to voting rights. But those looking for the Supremes to reinforce their previous decision on voter ID may be disappointed. The issue at stake in the Texas case will be the constitutionality of the federal Voting Rights Act that gives Washington the power to oversee the state’s laws rather than voter ID itself.

In states not affected by the Voting Rights Act, courts can weigh efforts to prevent fraud on their own merits. The overwhelming majority of Americans back voter ID laws because they are inherently reasonable. If you need a picture ID to board an airplane, an Amtrak train, conduct even the most simple transaction with the government or a bank as well as buy a beer, most people rightly think that you should have to do as much to vote. Given that, contrary to fallacious Democratic talking points, voter fraud has always been a concern in American politics; the courts have upheld such laws as both prudent and obviously constitutional.

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The Obama administration won a victory today in their campaign to strike down voter ID laws. Only days after the United States District Court for the District of Columbia invalidated Texas’s new congressional and legislative districts, the same court struck down the state’s voter ID law. The court accepted the Justice Department’s arguments that the bill placed an undue burden on poor and minority voters. Texas has said it will appeal to the U.S. Supreme Court and its attorney general says he can prevail there because the court has previously ruled that voter ID laws are constitutional. State courts have upheld a voter ID law in Pennsylvania but Texas’ problem is that because of its past history of racial discrimination, it must get federal approval for anything relating to voting rights. But those looking for the Supremes to reinforce their previous decision on voter ID may be disappointed. The issue at stake in the Texas case will be the constitutionality of the federal Voting Rights Act that gives Washington the power to oversee the state’s laws rather than voter ID itself.

In states not affected by the Voting Rights Act, courts can weigh efforts to prevent fraud on their own merits. The overwhelming majority of Americans back voter ID laws because they are inherently reasonable. If you need a picture ID to board an airplane, an Amtrak train, conduct even the most simple transaction with the government or a bank as well as buy a beer, most people rightly think that you should have to do as much to vote. Given that, contrary to fallacious Democratic talking points, voter fraud has always been a concern in American politics; the courts have upheld such laws as both prudent and obviously constitutional.

But under the Voting Rights Act, anything that even inadvertently affects minority voters, even if the purpose is constitutional and the impact incidental can be construed as a violation of the law. Thus, attorneys for Texas were given the impossible task of being forced to defend their state against a hypothetical assertion that could not be definitively disproved. Only a Supreme Court decision striking down the entire Voting Rights Act can prevent the Obama administration from stopping voter ID in Texas.

Proponents of voter ID can rightly assert that any comparison such as that made by Attorney General Holder that these bills are “Jim Crow laws” is an outrageous distortion of the truth. Minority voters are just as capable of getting themselves a free state ID card, as are whites. Anyone capable of registering to vote can do so. Unless opponents of these laws are prepared to argue that officials have no right to ask a prospective voter to prove his identity or even his citizenship, the charge of discrimination doesn’t hold water.

But the bottom line in the Texas case is that since it is unlikely that the Supreme Court will strike down the entire Voting Rights Act, the administration will be able to stop voter ID in the Lone Star State. Though Holder claimed the state was discriminating against minorities the case was determined by past injustices, not proof of present day bias. A true test of the constitutionality of such laws will have to wait for other challenges to make their way to the high court.

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House GOP Releases First F&F Report

The House Oversight Committee is holding five Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) officials responsible in the Fast and Furious operation failures, according to a draft report released last night:

The report determined that five officials in the ATF were responsible, ranging from a former low-ranking special agent to the former acting head of the agency. Congressional investigators called attention to the weak leadership at the ATF and pushed for the agency to be strengthened.

“Strong leadership is needed at ATF to overcome the deep scars left by Operation Fast and Furious,” the report states. “Greater accountability within ATF would underscore that ineffective supervision and recklessness both have consequences.”

Specifically, the report pins blame on former Special Agent in Charge of the Phoenix Field Division William Newell, former Deputy Assistant Director for Field Operations William McMahon, former Assistant Director for Field Operations Mark Chait, the former Deputy Director William Hoover, and former acting ATF director Kenneth Melson.

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The House Oversight Committee is holding five Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) officials responsible in the Fast and Furious operation failures, according to a draft report released last night:

The report determined that five officials in the ATF were responsible, ranging from a former low-ranking special agent to the former acting head of the agency. Congressional investigators called attention to the weak leadership at the ATF and pushed for the agency to be strengthened.

“Strong leadership is needed at ATF to overcome the deep scars left by Operation Fast and Furious,” the report states. “Greater accountability within ATF would underscore that ineffective supervision and recklessness both have consequences.”

Specifically, the report pins blame on former Special Agent in Charge of the Phoenix Field Division William Newell, former Deputy Assistant Director for Field Operations William McMahon, former Assistant Director for Field Operations Mark Chait, the former Deputy Director William Hoover, and former acting ATF director Kenneth Melson.

The Hill reports that all five of these officials have been reassigned to other positions. But this oversight report is just the beginning. There are two more reports set to be released, which will both deal with the Department of Justice directly. According to The Hill, the next one will be focused on the deputy attorney general’s office, and the third one will address the failings at the top level of the attorney general’s office and AG Eric Holder. The point of the staggered release may be to give Obama time to back down on executive privilege, Allahpundit writes:

The point of this leak, I assume, is to give Obama one last chance to drop his executive privilege claim over the DOJ documents that [Rep. Darrell] Issa wants to see. (The LAT quotes the report as saying it’s based on “the best information available as of now.”) If he does that, then the report will be held back while GOP investigators go through the new evidence. If he doesn’t do it, then the GOP can argue that there must be nothing in those e-mails that exculpates any of the five guys they’ve named.

Anybody think there’s a chance of this happening? Me neither.

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WH Needs Special Prosecutor Now

Senate Republicans have been calling on President Obama to appoint a special prosecutor to look into the national security leaks from the White House. This is even more critical in the wake of the Eric Holder contempt vote, as the same Obama-appointed U.S. attorney is now in charge of dealing with the charges against Holder and the investigation into the intelligence leaks.

The most obvious problem is the conflict of interest. It’s doubtful that U.S. Attorney for D.C. Ronald Machen, an Obama appointee, can fairly investigate his own boss (Eric Holder), or his boss’s boss (President Obama) in either the leak cases or the Fast and Furious stonewalling.

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Senate Republicans have been calling on President Obama to appoint a special prosecutor to look into the national security leaks from the White House. This is even more critical in the wake of the Eric Holder contempt vote, as the same Obama-appointed U.S. attorney is now in charge of dealing with the charges against Holder and the investigation into the intelligence leaks.

The most obvious problem is the conflict of interest. It’s doubtful that U.S. Attorney for D.C. Ronald Machen, an Obama appointee, can fairly investigate his own boss (Eric Holder), or his boss’s boss (President Obama) in either the leak cases or the Fast and Furious stonewalling.

But even putting that aside, Machen has now been referred two big, high-profile cases in a matter of weeks, both of which are vital to the public interest. The Washington Post reported last week that Machen already had a full plate, and his staff was overwhelmed with D.C. corruption prosecutions even before the leak case and Holder contempt charge got to his desk:

As if investigating D.C. public corruption wasn’t enough, Machen and his prosecutors were handed another difficult task June 8: spearheading a probe of leaks of classified material to reporters. That assignment came the same day that former D.C. Council Chairman Kwame R. Brown (D) pleaded guilty to federal bank fraud charges; Brown resigned just days earlier when he was charged in federal court by prosecutors who, with FBI agents, began by investigating discrepancies in his 2008 council campaign.

Although overall attrition has held steady, Machen has lost at least a half-dozen experienced and respected supervisors. In recent weeks, at least six prosecutors have said they will leave the 35-lawyer homicide unit.

A federal hiring freeze has made it difficult to replace those prosecutors, and those remaining are beginning to complain of burnout.

Can Machen’s office reasonably be expected to give the new workload the attention it deserves? Can he be trusted to pursue these cases fairly? The answer to both questions, at this point, seems to be no.

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