Commentary Magazine


Topic: Eric Holder

A Powerful Argument for Voter ID Laws

The latest video out by James O’Keefe is a powerful argument for voter ID laws, with a cameo from Eric Holder (actually his would-be voting impersonator). As a requisite disclaimer, O’Keefe has been accused of selectively editing videos in the past, but this one appears to include the full conversation.

New York Magazine says there’s nothing to see here:

The question is whether anyone should really care. Yes, if you wanted to, you could risk five years in prison and a $10,000 fine to vote for someone else, but we’re not sure why you would, since a single vote, or even a few votes, will never make a difference. (Okay, almost never.) Could a group of hundreds or thousands of fraudsters be mobilized to go around to different polling stations on election day and vote for one particular candidate or issue, possibly altering the outcome of an election? It would be difficult to organize surreptitiously, but sure, it’s probably doable. But it has never happened.

That’s like the government saying it’s pointless for bars to check IDs, because underage drinkers will face a hefty fine if they’re caught. The punishment becomes less of a deterrent if there’s a very high probability of getting away with the crime.

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Holder Better Hope He’s Right on MEK Probe

Because if not, the Attorney General just made some really powerful enemies:

Speaking firms representing ex-FBI Director Louis Freeh and former chairman of the Joint Chiefs of Staff Gen. Hugh Shelton have received federal subpoenas as part of an expanding investigation into the source of payments to former top government officials who have publicly advocated removing an Iranian dissident group from the State Department list of terrorist groups, three sources familiar with the investigation told NBC News.

The investigation, being conducted by the Treasury Department, is focused on whether the former officials may have received funding, directly or indirectly, from the People’s Mujahedin of Iran, or MEK, thereby violating longstanding federal law barring financial dealings with terrorist groups. The sources, all of whom spoke on condition of anonymity, said that speaking fees given to the former officials total hundreds of thousands of dollars.

In total, MSNBC reports that 40 former senior U.S. government officials participated in the lobbying campaign for the People’s Mujahedin of Iran (MEK), a cult-like organization that was listed as a terrorist group under the Clinton administration. The MEK was involved in attacks on American citizens in the 1970s, but has since attempted to ally itself with the United States in the fight against the Iranian regime. According to reports, the group may also be aiding Israel’s covert assassination campaign against Iranian nuclear scientists.

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NAACP Turns Voter ID Spat Into Satire

The liberal war on voter integrity has now morphed from partisan hypocrisy to parody. It is bad enough for the Obama administration and its cheerleaders in the media to falsely brand the effort by various states to require citizens to present a picture ID when they go to vote as a revival of Jim Crow laws. But the NAACP has reduced that controversy to satire by asking the United Nations Human Rights Council to weigh in on the matter at an upcoming conference on minority rights in Geneva, Switzerland.

This is the same UN Council that is comprised of some of the worst human rights abusers in the world such as China, Cuba and Saudi Arabia. The idea that Americans would ask a group whose members are countries that not only restrict voting rights but lack even the façade of democratic rule to take a stand on U.S. laws is beyond absurd. It seems never to have occurred to the partisans at the NAACP that there is something humorous about regimes that deny all of their citizens any say in governance standing in judgment on an actual working democracy. The arguments arrayed against voter ID laws by the Obama administration and those seeking to create a race issue where none exists are already weak. But by involving the UN, the NAACP has exposed itself to some well-earned scorn.

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Holder Makes the U.S. Less Safe

Eric Holder oversees the most politicized Department of Justice in American history. Every attorney general chooses his or her battles. Holder’s legacy—beyond the Fast and Furious gun running boondoggle—will be an obsession with race. Jonathan Tobin is right to label Holder’s latest move a war against voter integrity.

As important as what Holder does is what he chooses not to do, however: Whether the Obama administration likes it or not, the United States is engaged in a war against terrorism or, if Obama and Holder prefer, a war against man-made disasters.

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Holder Takes Latest Cheap Shot at NYPD

Attorney General Eric Holder doubled down on his threats of a federal investigation of the New York City Police Department’s Counter-Terrorism Unit yesterday at a Senate Appropriations Committee hearing. Asked to comment on the brouhaha about NYPD personnel performing surveillance on Muslims in the Greater New York region, including those in New Jersey by Sen. Frank Lautenberg, Politico reports that Holder repeated his previous pledge that the Justice Department is reviewing these activities, clearly with an eye toward hamstringing the department’s work.

The NYPD’s post 9/11 attack surveillance program was both prudent and lawful. To his credit, Mayor Michael Bloomberg has slammed the attacks by Holder, the New York Times editorial page (here and here), as well as politicians like Lautenberg and New Jersey Governor Chris Christie as an attempt to turn the issue into a “political football.” Sadly, the campaign to restrain law enforcement agencies from taking a close look at groups and mosques where Islamists gather is taking its cue from those groups that purport to represent American Muslims but whose real agenda is to promote the myth there has been a wave of discrimination against this group when there is no evidence to back up their claims. The upshot of this grandstanding will be a blow to the effort to root out homegrown terrorists.

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The Moral Hypocrisy of Barack Obama

For those of us who remember Eric Holder and Barack Obama decrying waterboarding of three known foreign terrorists who provided information that saved American lives and played a role in the killing of Osama bin Laden, it is with some interest to hear the attorney general said the U.S. government has the right to order the killing of American citizens overseas if they are senior al-Qaeda leaders who pose an imminent terrorist threat and cannot reasonably be captured.

“Any decision to use lethal force against a United States citizen — even one intent on murdering Americans and who has become an operational leader of al-Qaeda in a foreign land — is among the gravest that government leaders can face,” Holder said in a speech at Northwestern University’s law school in Chicago. “The American people can be — and deserve to be — assured that actions taken in their defense are consistent with their values and their laws.”

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Holder: Of Course Bush and Cheney Were Right All Along

At first, you might think Eric Holder’s testimony this morning was hypocritical. After all, he defiantly echoed the Bush administration’s defense of the separation of powers that drove liberals absolutely crazy. (Watch this Jon Stewart interview with John Bolton from 2007 in which Stewart gets so frustrated by the executive privilege argument he tells Bolton to “man up.” I’m sure he’ll be telling Holder to “man up” any day now.)

But in truth, Holder’s defense of executive privilege was perfectly consistent with the Obama administration’s position on this all along. For example, here’s a McClatchy dispatch about a move Obama made immediately upon assuming office:

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Eric Holder Plays the Race Card

Eric Holder is a man who holds views that are both fairly radical and dangerous. Now under fire for his role in the so-called Fast and Furious gun-running operation, and given his overall (dismal) record, you might think Holder would sheepishly apologize for his incompetence or, at a minimum, remain silent. But you would be wrong.

Holder is instead reaching for the race card.

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Holder and Sebelius, Looking Very Weak

Eric Holder and Kathleen Sebelius’s Washington Post op-ed responding to yesterday’s federal court ruling on ObamaCare is arresting. Neither its style nor its force is remarkable. Rather, it is arresting in its refusal to call the decision wrong in accordance with the law. Here’s how Holder and Sebelius address yesterday’s judgment: “Opponents claim the individual responsibility provision is unlawful because it ‘regulates inactivity.’ But none of us is a bystander when it comes to health care. All of us need health care eventually.”

This is actually false. Most adults choose to seek health care eventually.  Some of us — and we all know such people — resist health care in every single circumstance. Others — a very lucky minority — are not opposed to seeking health care as a matter of personal policy but never find themselves sick enough to enlist a medical professional. All this is to say Holder and Sebelius brush rather breezily over the sticky question of what constitutes a “need,” and it is a contention about universal need on which they claim the constitutional soundness of ObamaCare. Weak stuff.

Never do they assert that it is lawful to regulate inactivity. Nor do they demonstrate that not purchasing insurance is not inactivity. They treat the issue as some sort of communally understood given, and blur the legal question out of existence. The rest of the op-ed is devoted to the economics of insurance and the mentioning of people who are ill. Both of those are of supreme importance to health-care policy as a whole. But neither has much to do with yesterday’s ruling. So the judge was wrong simply because “none of us is a bystander when it comes to health care” and because people are sick in America. That’s not legal, and if it’s the best they can do, they’re in trouble.

Hypocrisy Run Rampant

The deepwater-drilling ban caused great economic hardship to the Gulf states, which were already reeling from the BP oil spill. Now we know that the decision was based on falsified science:

The White House dropped its deep water drilling ban last month, ending months of government-imposed pain on a Gulf region hit by the BP oil spill. But only last week did the Department of Interior’s acting inspector general, Mary Kendall, issue her findings on the moratorium’s controversial beginnings. Lackluster though her investigation was, the report confirms that the moratorium never had any basis in science or safety. It was pure politics.

Between ClimateGate, the creative editing by none other than now-Justice Elena Kagan on the medical justification for partial-birth abortions, and DrillGate, the left’s respect for science leaves a lot to be desired. As with the moral preening and intellectual condescension that has characterized this administration, its rhetoric on science (“the days of science taking a backseat to ideology are over”) turns out to be rather empty.

Its not just science that’s taken a licking in the Obama administration. There is also “diplomacy” — which has proved to be decidedly un-smart in the Middle East. The Obami decried the lackluster performance of their predecessors, yet their own performance is, by the estimation of virtually all the region’s players and domestic observers on both sides of the aisle, as bad as any we have seen since the founding of the state of Israel.

Oh, and in the “restoring our values” and “moral high ground” department, how’s Eric Holder doing at the Justice Department? Turns out that the administration has not only failed to close Guantanamo (where terrorists’ lawyers would prefer to detain their clients than see them returned to Arab nations with decidedly nasty detention facilities) and bollixed up a trial of a mass-murdering terrorist, but in fact has duplicated Guantanamo in Bagram, where no habeas corpus rules apply. This is an improvement?

Then there’s the braggadocio about “transparency.” Well, we’ve had precious little of that — whether on terrorist recidivism, the New Black Panther Party scandal, or the Fort Hood terrorist attack.

So if you are keeping track, the Obama administration has politicized science, made hash out of Middle East diplomacy, allowed left-wing ideologues to run amok in the Justice Department, sullied our justice system with no appreciable benefit in the war against Islamic terrorists, and conducted itself with Nixonian-like secrecy. The liberal intelligentsia with very few exceptions has been mute about all this. Hypocrisy, they say, is the tribute vice pays to virtue. In that regard, no one can accuse the Obama team or its supporters of frugality.

Time to Be the Not-Not Bush Commander in Chief

Michael Gerson sums up where the moral preener has left us: “Under Holder’s influence, American detainee policy is a botched, hypocritical, politicized mess.” Botched because a mass murderer has been acquitted of all murder-related charges. Hypocritical because the Obama administration is unlikely to release him after his sentence is up. (In other words, who cares what the judicial system says: the man’s a terrorist!) And politicized because decisions were made by the agenda-driven leftist intention of proving that the Bush administration was composed of a bunch of knuckle-draggers — legally and morally unsophisticated.

But as it turns out, the things that work in the war against Islamic fascism are the policies that the Bush team employed (staying the course in Iraq, indefinite detention — Bagram or Guantanamo, what’s the difference?), and the things that don’t work (closing Guantanamo, using civilian courtrooms for terrorists, second- and third-guessing intelligence operatives) are generally the missteps the Bush team sidestepped. Who’s the more unsophisticated commander in chief?

Bush had no trouble deciding that waterboarding in limited circumstances to extract actionable information was preferable to letting Americans die. The press is still horrified. Obama concludes that the use of drones to kill terrorists and, inadvertently, some civilians is a necessary wartime strategy. He’s commended for his no-nonsense approach to the war. Does Obama occupy any higher moral ground?

The lesson of the past two years is that there is no benefit in playing to the sensitivities of European elites and university professors. If the administration is going to lose its reputation for being feckless and inconsistent, it should drop those tactics designed merely to distinguish it from the previous administration and stop applying the American legal system in inappropriate contexts in order to demonstrate its superiority. Oh, and of course, Eric Holder needs to go. He has proved politically tone-deaf and legally incompetent. What good is he to the administration, or to the country?

The Ghailani Debacle

The acquittal of Guantanamo detainee Ahmed Khalfan Ghailani yesterday on all but one of 285 counts in connection with the 1998 al-Qaeda bombings of the U.S. embassies in Kenya and Tanzania has once again demonstrated that the leftist lawyers’ experiment in applying civilian trial rules to terrorists is gravely misguided and downright dangerous. The soon-to-be House chairman on homeland security, Peter King, issued a statement blasting the trial outcome and the nonchalant response from the Justice Department:

“I am disgusted at the total miscarriage of justice today in Manhattan’s federal civilian court.  In a case where Ahmed Khalfan Ghailani was facing 285 criminal counts, including hundreds of murder charges, and where Attorney General Eric Holder assured us that ‘failure is not an option,’ the jury found him guilty on only one count and acquitted him of all other counts including every murder charge. This tragic verdict demonstrates the absolute insanity of the Obama Administration’s decision to try al-Qaeda terrorists in civilian courts”

The Congress can start by ending federal-court jurisdiction over detainees. Then they should demand Eric Holder’s resignation — preferably before his serially wrong advice causes any more damage to our national security.

Let’s review what went on here. First, this was a case of mass murder. As the New York Times explains:

[P]rosecutors built a circumstantial case to try to establish that Mr. Ghailani had played a key logistical role in the preparations for the Tanzania attack.

They said the evidence showed that he helped to buy the Nissan Atlas truck that was used to carry the bomb, and gas tanks that were placed inside the truck to intensify the blast. He also stored an explosive detonator in an armoire he used, and his cellphone became the “operational phone” for the plotters in the weeks leading up to the attacks, prosecutors contended.

The attacks, orchestrated by Al Qaeda, killed 224 people, including 12 Americans, and wounded thousands of others.

But the case was ill-suited to civilian courts, and a key witness was excluded from testifying:

But because of the unusual circumstances of Mr. Ghailani’s case — after he was captured in Pakistan in 2004, he was held for nearly five years in a so-called black site run by the Central Intelligence Agency and at Guantánamo Bay, Cuba — the prosecution faced significant legal hurdles getting his case to trial. And last month, the government lost a key ruling on the eve of trial that may have seriously damaged their chances of winning convictions.

In the ruling, the judge, Lewis A. Kaplan of Federal District Court, barred them from using an important witness against Mr. Ghailani because the government had learned about the man through Mr. Ghailani’s interrogation while he was in C.I.A. custody, where his lawyers say he was tortured.

The witness, Hussein Abebe, would have testified that he had sold Mr. Ghailani the large quantities of TNT used to blow up the embassy in Dar es Salaam, prosecutors told the judge, calling him “a giant witness for the government.”

The judge called it correctly, and explicitly warned the government of “the potential damage of excluding the witness when he said in his ruling that Mr. Ghailani’s status of ‘enemy combatant’ probably would permit his detention as something akin ‘to a prisoner of war until hostilities between the United States and Al Qaeda and the Taliban end, even if he were found not guilty.’”

In other words, what in the world was the bomber doing in an Article III courtroom? He was, quite bluntly, part of a stunt by the Obama administration, which had vilified Bush administration lawyers for failing to accord terrorists the full panoply of constitutional rights available to American citizens who are arrested by police officers and held pursuant to constitutional requirements.

Once again, the Obama team has revealed itself to be entirely incompetent and has proved, maybe even to themselves, the obvious: the Bush administration had it right. And in fact, maybe we should do away with both civilian trials and military tribunals and just hold these killers until hostilities end. You know, like they do in wars.

Never Mind, Forget the KSM Trial

With the midterms in the rearview mirror the Obama administration can now admit the obvious: a public trial for KSM is impossible. The Washington Post reports:

Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, will probably remain in military detention without trial for the foreseeable future, according to Obama administration officials.

The administration asserts that it can hold Mohammed and other al-Qaeda operatives under the laws of war, a principle that has been upheld by the courts when Guantanamo Bay detainees have challenged their detention.

In other words, all of the attorney general’s assertions regarding the superiority of a public trial have proven faulty, and the administration now looks buffoonish. After excoriating critics and defending their scheme to put KSM on trial in civilian court, they now are forced to concede, “OK, it won’t work.” This was all perfectly apparent at the time to everyone but Eric Holder and the leftist lawyers who populate the Department of Justice (a number of whom represented Guantanamo detainees).

The administration is hard-pressed to explain the utter ineptitude that has characterized its detainee policy and the latest reversal. The best it can muster is this:

The Mohammed case is “a case that has to be addressed, and clearly it’s complicated in ways that weren’t originally foreseen, but as a symbol in some way of a thwarted policy, it is wholly misleading,” the senior official said.

Weren’t foreseen by whom? The hapless attorney general.

The administration has had to countermand Eric Holder twice now — first on the release of the detainee-abuse photos and now on the KSM trial and perhaps on the entire issue of military tribunals. For a constitutional scholar, as the president imagines himself, he certainly hired a second-rate lawyer to run the Justice Department. Holder and his appointees are consumed by ideology and lacking in common sense and legal smarts. If it weren’t for the State Department, DOJ would win hands down the “least effective” Obama  department. The good news is that their advice has a short shelf-life.

Flotsam and Jetsam

Imagine if the Bush administration had pulled this. “An inspector general says the White House edited a report about the administration’s moratorium on offshore oil drilling to make it appear that scientists and experts supported the idea of a six-month ban on new drilling. The Interior Department’s inspector general says the changes resulted ‘in the implication that the moratorium recommendation had been peer reviewed.’ But it hadn’t been.” Reminds you of Elena Kagan’s stunt about the outside experts’ report on partial-birth abortion, doesn’t it?

Imagine if our president sounded like Canada’s prime minister on Israel. “We must be relentless in exposing this new anti-Semitism for what it is. Of course, like any country, Israel may be subjected to fair criticism. And like any free country, Israel subjects itself to such criticism — healthy, necessary, democratic debate. But when Israel, the only country in the world whose very existence is under attack — is consistently and conspicuously singled out for condemnation, I believe we are morally obligated to take a stand. Demonization, double standards, delegitimization, the three D’s, it is the responsibility of us all to stand up to them.” Read the whole thing.

Imagine if the media scrutinized Obama on Afghanistan the way it did his predecessor on Iraq. “A White House review of President Obama’s Afghanistan strategy next month will judge ‘how this current approach is working’ but will not suggest alternatives if aspects of the policy are found to be failing, a senior administration official said Tuesday.” Appalling.

Imagine if Chris Christie were given a chance to get the federal government’s fiscal house in order. Oh my! He keeps this up and there will be “Draft Christie!” movements in every state.

Imagine how much the debt commission could have saved if it had recommended shelving ObamaCare. “The Bowles-Simpson proposal would leave in place the entire trillion-dollar monstrosity. … The fundamental problem here is that it is not possible to build a bipartisan budget framework on a foundation that includes a partisan health-care plan with sweeping implications for future spending levels. To have a bipartisan budget requires a bipartisan health plan. And that means repealing Obamacare and starting over.”

Imagine if Obama had pulled the plug on this months ago. Eric Holder says he’s “close to a decision” on a civilian trial for KSM. With the new GOP Congress, I think there is no chance KSM is going to see the inside of an Article III courtroom, and the Obami know it. Get ready for an about-face on this one.

Imagine if Obama listened to sane advice on the Middle East. “Why does the president continue to harp on settlements in East Jerusalem, as opposed to expansion of West Bank settlements that would be dismantled under the terms of any peace agreement between the parties? Obama may feel that he has crossed a Rubicon and must push forward. Or he may feel that he must put Netanyahu in his place. … Whatever the reason, Obama’s behavior in Indonesia, and his constant harping on the construction issue, has complicated his avowed search for an agreement between Israelis and Palestinians. … The peace process is stalemated, and it is up to the president, who has, perhaps unwittingly, brought on this latest dead end on the long-standing saga of Israeli-Palestinian misery, to come up with a way that lets both sides move forward, even if it means that he personally has to take several steps back in order to do so.”

What About the Other CIA Witchhunt?

After three years,  John Durham, the special prosecutor appointed by Eric Holder to investigate the destruction of tapes showing enhanced interrogation techniques employed by CIA officials, has closed the case. As this report notes, this “is the latest example of Justice Department officials’ declining to seek criminal penalties for some of the controversial episodes in the C.I.A.’s now defunct detention and interrogation program.”

But what about the other witchhunt investigation that Obama has ordered, or rather the reinvestigation of CIA officials for use of those enhanced techniques? As I have previously reported, professional prosecutors had already ruled out filing criminal charges, but the Obama team, anxious for its pound of flesh, insisted that Durham reinvestigate these same operatives. Does the termination of the tape case suggest that this investigation, loudly protested by career CIA officials, including Leon Panetta, is going to be shut down as well?

I wouldn’t be so sure. An individual with knowledge of Durham’s investigation (who is also highly critical of the Obama administration’s decision to contravene the decision of career prosecutors) emphasizes that these are “totally separate cases.” He nevertheless observes that from what he has seen, Durham and his team seem “like straight shooters — very thorough, trying to get a full understanding” of the issues.

A former Justice Department official likewise cautions: “I think it would prove too much to read something into the fact that he announced the closing of one investigation without announcing the results of the other. The tapes investigation started in January 2008, while it was expanded by Holder to cover interrogators in August 2009. That’s a big-time gap. With that said, it is not as if Durham was not coming across interrogator behavior in the course of investigating the tape destruction.”

Perhaps the most insightful reaction came from a former high-ranking national security official who was deeply troubled by the administration’s decision to place CIA employees back in legal peril. In response to my question asking him to assess what Durham’s dismissal of the tape case might say about the interrogation inquiry, he replied simply, “Not at all clear. One can hope.”

The decision to set Durham loose on CIA operatives already exonerated under a prior administration was another misbegotten and dangerous idea by the Obami, one of many that signaled to CIA officials that they would be foolhardy not to be risk-averse in their anti-terrorism activities. So, indeed, we should hope that Durham shows himself once again to be a wise prosecutor and shuts down a politically motivated inquest.

Watching DOJ

Judicial Watch continues to document the New Black Panther Party scandal, which was first reported by conservative media and now has attracted mainstream coverage. (But not the Gray Lady, which may have a tough time explaining to her readers next year why House Judiciary Chairman Lamar Smith is issuing all those subpoenas. Imagine tuning into Mad Men for the first time after a couple of seasons; you see the dilemma — at some point, there’s no use trying to catch up.)

In the latest batch of disclosures, Judicial Watch tells us:

[I]t has obtained documents from the Obama Department of Justice (DOJ) that provide new evidence that top political appointees at the DOJ were intimately involved in the decision to dismiss the voter intimidation case against the New Black Panther Party for Self Defense (NBPP). These new documents, which include internal DOJ email correspondence, directly contradict sworn testimony by Thomas Perez, Assistant Attorney General for the Civil Rights Division, who testified before the U.S. Commission on Civil Rights that no political leadership was involved in the decision. The new documents were obtained last week by Judicial Watch pursuant to a Freedom of Information Act lawsuit (Judicial Watch v. Department of Justice (No.10-851)).

You mean Perez gave false testimony to the U.S. Commission on Civil Rights? Oh yes: Read More

Flotsam and Jetsam

So much for the notion that it wasn’t a referendum on Obama. “I’m not recommending for every future President that they take a shellacking like they — like I did last night.” Notice the “I.”

So much for the Bill Clinton–like adjustment. “Obama admits he got a ’shellacking,’ but shows no sign of budging on core agenda.”

So much for the wishful thinking of the left blogosphere: “Republicans have picked up a net gain of 53 seats and were leading for another 13 Democratic-held seats. If current trend holds, Republicans could record their largest gains in the House in more than 70 years.”

So much for historical accuracy: “The newly divided government could be a recipe for gridlock or, as some veteran Capitol Hill operatives suggest, an opportunity for President Barack Obama and Congress to improve their weak standing with the American public by working together — a la Bill Clinton and Speaker Newt Gingrich.” Um, I don’t think Gingrich improved his standing.

So much for lessons learned. The left blogosphere is still spinning: “I think the root of the Democrats’ political troubles lies in the initial flurry of activity — the stimulus, restructuring TARP, and the auto bailout. In the public mind, this all become jumbled together as ‘the bailouts’ — a conflation carefully nurtured by Republicans — even though obviously Keynesian fiscal policy is not the same thing as a bailout. But the truth is that all those policies were highly unpopular, and all came to symbolize big government rescuing bad actors while average people paid the bill. It became a frame that colored perceptions of the entire Democratic agenda.” It didn’t “symbolize” big government — together with ObamaCare, it was big government.

So much for Rahm Emanuel’s handiwork. “The Democrats who handed Speaker Nancy Pelosi her majority were largely wiped out of Congress on Tuesday. Fourteen members of the freshman class of 2006, dubbed by Pelosi (D-Calif.) as her ‘majority makers,’ and 21 freshman elected in 2008 lost their seats with a handful of races still undecided. Republicans were able to win several more open seats that Democrats had won in those cycles.” No wonder Rahm developed a yen to be mayor.

So much for getting our money back. “GM said it intends to sell almost a quarter of its 1.5 billion shares of common stock, at a price between $26 to $29 a share. It also intends to sell 60 million shares of preferred stock with a liquidation value of $50 a share. That price range would suggest that the Treasury Department’s 60.8% stake in the company would be worth between $23.7 billion to $26.5 billion once the stock starts trading. That value would be well below the $40 billion in taxpayer money GM received from the government and has yet to repay.”

So much for stonewalling. Rep. Lamar Smith, who together with Rep. Frank Wolf labored to get to the bottom of the New Black Panther Party scandal, will be the House Judiciary chairman. Eric Holder therefore may be the first subpoenaed member of the administration. I sense a stampede of officials at DOJ running to spend more time with their families.

Washington Post Confirms More Than a Year of Conservative Reporting

Yes, that’s right. On Saturday’s front page, in a well-documented piece, the Washington Post did a very credible job in reporting the details of the New Black Party Panther case and, in large part, vindicating the witnesses and conservative outlets which have reported that: 1) the administration concealed that political appointees influenced the decision to dismiss a blatant case of voter intimidation; 2) the Obama administration does not believe in equal enforcement of civil rights laws; and 3) this single incident is indicative of a much larger problem than one case of voter intimidation.

As to the administration’s mindset:

Civil rights officials from the Bush administration have said that enforcement should be race-neutral. But some officials from the Obama administration, which took office vowing to reinvigorate civil rights enforcement, thought the agency should focus primarily on cases filed on behalf of minorities.

“The Voting Rights Act was passed because people like Bull Connor were hitting people like John Lewis, not the other way around,” said one Justice Department official not authorized to speak publicly, referring to the white Alabama police commissioner who cracked down on civil rights protesters such as Lewis, now a Democratic congressman from Georgia.

Translation: J. Christian Adams and Chris Coates, two former trial attorneys, testified truthfully under oath on this point; civil rights chief Thomas Perez did not.

Likewise, Adams and Coates are vindicated in their version of a case filed against an African American official:

Three Justice Department lawyers, speaking on the condition of anonymity because they feared retaliation from their supervisors, described the same tensions, among career lawyers as well as political appointees. Employees who worked on the [Ike]Brown case were harassed by colleagues, they said, and some department lawyers anonymously went on legal blogs “absolutely tearing apart anybody who was involved in that case,” said one lawyer.

“There are career people who feel strongly that it is not the voting section’s job to protect white voters,” the lawyer said. “The environment is that you better toe the line of traditional civil rights ideas or you better keep quiet about it, because you will not advance, you will not receive awards and you will be ostracized.”

Translation: Wow.

As for the involvement of higher-ups:

Asked at a civil rights commission hearing in May whether any of the department’s political leadership was “involved in” the decision to dismiss the Panthers case, assistant attorney general for civil rights Thomas E. Perez said no.

“This is a case about career people disagreeing with career people,” said Perez, who was not in the department at the time. He also said that political appointees are regularly briefed on civil rights cases and, whenever there is a potentially controversial decision, “we obviously communicate that up the chain.”

Justice Department records turned over in a lawsuit to the conservative group Judicial Watch show a flurry of e-mails between the Civil Rights Division and the office of Associate Attorney General Thomas Perelli, a political appointee who supervises the division.

Translation: Perez did not exactly say the truth under oath.

What about orders not to enforce the law in a race-neutral fashion?

In the months after the case ended, tensions persisted. A new supervisor, Julie Fernandes, arrived to oversee the voting section, and Coates testified that she told attorneys at a September 2009 lunch that the Obama administration was interested in filing cases – under a key voting rights section – only on behalf of minorities.

“Everyone in the room understood exactly what she meant,” Coates said. “No more cases like the Ike Brown or New Black Panther Party cases.”

Fernandes declined to comment through a department spokeswoman.

Translation: Perez and Fernandes will have to go.

The administration must be awfully panicky. Lots of DOJ  attorneys assisted in preparing false responses to discovery requests from the U.S. Commission on Civil Rights. The administration repeatedly misrepresented the facts in public. The Justice Department tried to prevent percipient witnesses from testifying pursuant to subpoenas. Perez testified under oath untruthfully. The  Obama administration stonewalled both the commission and congressmen trying to uncover the facts which conservative outlets and now the Post have revealed. The DOJ tried to bully attorneys who were prepared to tell the truth. There is a term for that: obstruction of justice.

And what’s more, GOP committee chairmen with subpoena power will take over in January when the new Congress convenes. Expect hearings, some resignations, and maybe a prosecution or two. The “small potatoes” story the mainstream media pooh-poohed will be the first serious scandal of the last two years of Obama’s term. Do I hear that Eric Holder wants to spend “more time with his family”?

Two final notes. Conservatives who caught wind of this story being underway expressed concern that the Post reporters might end up pulling their punches, given this Post editorial from several weeks ago. That fear turned out to be unfounded. This is one instance in which the wall between the editorial and news sections held firm. (It often works the other way, of course. The Post’s opinion editors, for example, were on top of the Chas Freeman story, which its news reporters ignored.) And secondly, sources who spoke to the reporters tells me that the Post was under severe pressure from the DOJ not to run this sort of story. It seems as though the Post‘s reporters find the current crew at the DOJ quite “unprofessional”. One must give credit to those two reporters for withstanding the pressure – and see it as a sign that the administration’s bark isn’t scaring anyone these days.

Anti-Terrorism Paralysis

Obama’s anti-terrorism policies have centered on tying our own hands (e.g., prohibiting enhanced interrogations), criminalizing our anti-terror activities (Mirandizing terrorist bombers), and trying to make grand gestures to the Muslim World (announcing Guantanamo’s closing). But mainly, his administration has been delaying, stalling, and frustrating the families of terror victims. A case in point:

The 10th anniversary of the bombing of the USS Cole on Tuesday conjured up painful memories for the families of the 17 Navy sailors who died in the terrorist attack, but it also revealed simmering anger at the Obama administration over the lack of concrete progress in bringing an alleged perpetrator to justice.

In February 2009, less than three weeks after his inauguration, President Barack Obama held an emotional meeting with family members of victims of the Cole bombing and the Sept. 11, 2001, attacks. Families said the new president promised swift action yet pleaded for their patience so his aides and Congress could overhaul the military commission system – which federal courts twice invalidated during the Bush administration.

Yet 20 months later, there are few signs the case against Saudi-born Abd Al-Rahim Al-Nashiri – the alleged mastermind of the Cole bombing who was captured in 2003 – has moved forward.

Likewise, the trial of KSM is stymied: no locale wants a civilian trial, and the Obama Justice Department is ideologically averse to military tribunals. Meanwhile, Eric Holder’s promised review of Miranda warnings for terrorists has gone nowhere.

As in so many other areas of national security, it appears that the Obama team just doesn’t spend much time or effort on these matters. Perhaps once his domestic agenda is up-ended by a GOP-controlled House (and possibly Senate), he’ll have more time to devote to these issues.

Flotsam and Jetsam

Thunk. Do we tell her moving day is in January? “In the weekly briefing, Pelosi said that she believes the Democrats have a chance to retain their congressional majority. A week before, speaking to a women’s group in New York, Pelosi said that she ‘fully expects to be speaker of the House five weeks from now,’ the paper reported.”

Yikes (for the Dems). “Republicans have a significant lead over Democrats among likely voters in Gallup’s generic ballot poll released Monday. The figures show a much greater lead for Republicans among likely voters than registered voters, and suggest the party is poised to make large gains in the midterm elections. Gallup’s first generic ballot estimate of likely voters showed Republicans leading Democrats 53-40 percent in a high turnout scenario and 56-38 percent in a low turnout scenario.”

Oops. “Emanuel’s ‘Glad to be Home’ video filmed in Washington.”

Cringe. Eric Holder denies hostility to race-neutral enforcement of civil rights laws — by blaming the Bush administration. This contradicts shown testimony of two DOJ attorneys, so perhaps Holder should testify under oath as well.

Ouch. Walter Mondale criticizes Obama for using “idiot boards” (teleprompters) and failing to connect with voters.

Yowser. Linda McMahon nails Dick Blumenthal for lying about military service in Vietnam.

Well, yeah. Obama declares our fiscal situation to be “untenable.” Is he a bystander in his own presidency?