Commentary Magazine


Topic: Eric Holder

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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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.

In an interview with the New York Times, the attorney general contended that many of his Republican and conservative critics, both in office and out of office, were playing “Washington gotcha” games, portraying them as frequently “conflating things, conveniently leaving some stuff out, construing things to make it seem not quite what it was” to paint him and other department figures in the worst possible light. Of that group of critics, Holder said, he believed that a few —the “more extreme segment” — were motivated by animus against President Obama and that he served as a stand-in for him. “This is a way to get at the president because of the way I can be identified with him,” he said, “both due to the nature of our relationship and, you know, the fact that we’re both African-American.”

What Holder is doing is seeking to go on the offensive by employing slander, which is an old and ugly game and one Holder seems disposed to play. (Remember that in 2009 Holder said that on race, we are “a nation of cowards.”)

As The Daily Caller points out, “Holder’s accusations come as resignation calls mount from a growing list of 60 congressmen, two senators, every major Republican presidential candidate and two sitting governors, spurred on by the congressional investigation into Operation Fast and Furious. Additionally, seventy-five congressmen have signed onto a House resolution for a vote of “no confidence” in Holder as attorney general. Between the two lists, there are 86 total in the House who no longer trust Holder to head the Department of Justice.”

That lack of confidence in Holder will only increase as he seeks to divide us. In that respect, the attorney general is merely parroting his boss, the president.

What the attorney general will find is that in using the racism charge so promiscuously and recklessly, he will drain it of meaning. And at some future point, when charges of racism may well apply, Holder will have helped to make those charges impotent. Because increasingly, people are simply rolling their eyes at the liberal reflex to charge anyone with whom they disagree with of being racists. And who can blame them?

 

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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.

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.

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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.

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.

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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?

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?

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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.

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.

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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.

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.

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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.”

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.”

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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.

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.

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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

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:

The new documents include a series of emails between two political appointees: former Democratic election lawyer and current Deputy Associate Attorney General Sam Hirsch and Associate Attorney General Thomas Perrelli. Both DOJ officials were involved in detailed discussions regarding the NBPP decision. …

Assistant Attorney General for the Civil Rights Division Thomas Perez testified before the U.S. Commission on Civil Rights that no political appointees were involved in the NBPP decision. Perez suggested that the dispute was merely “a case of career people disagreeing with career people.”

In fact, political appointee Sam Hirsch sent an April 30, 2009, email to Steven Rosenbaum (then-Acting Assistant Deputy Attorney General in the Civil Rights) thanking Rosenbaum for “doing everything you’re doing to make sure that this case is properly resolved.” The next day, the DOJ began to reverse course on its NBPP voter intimidation lawsuit.

We’re going to see where the e-mail trail leads. There will be several storylines. First, how far will the scandal go? The administration may try to “amputate” at the assistant attorney general level (Perez), but evidence already revealed suggests that the associate attorney general level (the #3 position) can’t escape. But of course, the key question will be whether Eric Holder himself will be shoved off the stage. (We are going to get that frank discussion on race he’s been pining for regardless.)

Second, we’ll see how much interference Democrats are willing to run for the White House. The administration’s toady commissioner Michael Yaki tried his best to derail the commission’s investigation but wound up only embarrassing himself as the evidence gushed forth. Will House Democrats be in the mood to follow that path — or is this a fine opportunity to display their “independence” from the White House?

And finally, we’ll find out how much the administration has learned and how beholden it is to liberal activists. The Obama team has two options: (1) admit fault, repudiate a race-specific view of civil rights enforcement (e.g., only whites can be defendants), come clean, and let heads roll; or (2) fight tooth and nail, keep stonewalling, and reassure the NAACP and other liberal civil rights groups that they will stick with the left-leaning party line (i.e., civil rights laws are there to protect only “traditional” victims).

This issue is not remotely the biggest headache the administration will have to face in the next two years, but it sure will be revealing. And quite entertaining, I suspect.

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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.

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.

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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.

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.

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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.

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.

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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?

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?

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The Last Thing This Administration Needs

Earlier this month, I commented that it was quite possible that Obama could choose a worse chief of staff to replace Rahm Emanuel — Valerie Jarrett. Her personal judgment is poor, her political instincts run far-left, and she is so cozy with the president, she’s unlikely to part with him — or deliver contrary views — and thereby curb his most self-destructive tendencies. Dana Milbank confirms my take:

As the senior adviser in charge of “public engagement,” she has been the White House official responsible for maintaining relationships with the business community and with liberal interest groups — two of the most conspicuous areas of failure for the White House during Obama’s first two years.

She’s also the one who arranged the hiring of social secretary Desiree Rogers, only to cut her friend loose when Rogers was tarnished by the party-crashing Salahis at a state dinner in November.

In addition to Jarrett’s hiring of Van Jones, support for the Ground Zero mosque, and enthusiasm for Fox News–bashing, Milbank points out that she’s ridden to the rescue of two problematic figures:

Consider the recent hiring of Harvard’s Elizabeth Warren as the White House official in charge of setting up the new Bureau of Consumer Financial Protection. Emanuel and others had opposed the appointment on grounds that Warren is difficult to work with and politically radioactive. But Jarrett, arguing for the need for more senior women in the White House, got Obama to overrule Warren’s detractors. …

Jarrett made a similar intervention months earlier, when some senior White House officials were losing confidence in Attorney General Eric Holder. His job appeared to be in jeopardy over the decision to put Khalid Sheikh Mohammad on trial in New York, but Jarrett made sure that Holder, a friend, would remain in good standing.

Her judgment is deeply flawed, and her ascension would essentially rule out any significant policy readjustment by the Obama administration.  Selecting her would confirm that Obama is not one to self-reflect, admit error, and adjust to new circumstances.

Earlier this month, I commented that it was quite possible that Obama could choose a worse chief of staff to replace Rahm Emanuel — Valerie Jarrett. Her personal judgment is poor, her political instincts run far-left, and she is so cozy with the president, she’s unlikely to part with him — or deliver contrary views — and thereby curb his most self-destructive tendencies. Dana Milbank confirms my take:

As the senior adviser in charge of “public engagement,” she has been the White House official responsible for maintaining relationships with the business community and with liberal interest groups — two of the most conspicuous areas of failure for the White House during Obama’s first two years.

She’s also the one who arranged the hiring of social secretary Desiree Rogers, only to cut her friend loose when Rogers was tarnished by the party-crashing Salahis at a state dinner in November.

In addition to Jarrett’s hiring of Van Jones, support for the Ground Zero mosque, and enthusiasm for Fox News–bashing, Milbank points out that she’s ridden to the rescue of two problematic figures:

Consider the recent hiring of Harvard’s Elizabeth Warren as the White House official in charge of setting up the new Bureau of Consumer Financial Protection. Emanuel and others had opposed the appointment on grounds that Warren is difficult to work with and politically radioactive. But Jarrett, arguing for the need for more senior women in the White House, got Obama to overrule Warren’s detractors. …

Jarrett made a similar intervention months earlier, when some senior White House officials were losing confidence in Attorney General Eric Holder. His job appeared to be in jeopardy over the decision to put Khalid Sheikh Mohammad on trial in New York, but Jarrett made sure that Holder, a friend, would remain in good standing.

Her judgment is deeply flawed, and her ascension would essentially rule out any significant policy readjustment by the Obama administration.  Selecting her would confirm that Obama is not one to self-reflect, admit error, and adjust to new circumstances.

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Obama Justice Department Rocked

The former head of the Justice Department’s New Black Panther trial team, Chris Coates, testified Friday before the U.S. Commission on Civil Rights. See here and here and here (subscription required). Before Coates broke his silence, the commission’s critics, a minority of the commissioners, and the mainstream media insisted that the dismissal of a slam-dunk voter-intimidation case had no significance beyond the single incident on Election Day 2008. However, Coates’s account of the administration’s hostility to race-neutral enforcement of voting laws and refusal to enforce Section 8 of the Voting Rights Act (requiring that states clean up their voting rolls to prevent voter fraud) blew that assertion to smithereens.

I was in the hearing room on Friday. Nearly as riveting as Coates’s testimony was the frantic performance of the administration’s chief lackey, Commissioner Michael Yaki. He asked Coates about the civil rights division’s memo-writing procedures, Bush-era cases, and Coates’s friendship with a former department attorney but never asked any questions about the specific allegations that Obama appointees opposed equal enforcement of the voting laws. An audience member wisecracked, “When all else fails, blame George Bush.” Read More

The former head of the Justice Department’s New Black Panther trial team, Chris Coates, testified Friday before the U.S. Commission on Civil Rights. See here and here and here (subscription required). Before Coates broke his silence, the commission’s critics, a minority of the commissioners, and the mainstream media insisted that the dismissal of a slam-dunk voter-intimidation case had no significance beyond the single incident on Election Day 2008. However, Coates’s account of the administration’s hostility to race-neutral enforcement of voting laws and refusal to enforce Section 8 of the Voting Rights Act (requiring that states clean up their voting rolls to prevent voter fraud) blew that assertion to smithereens.

I was in the hearing room on Friday. Nearly as riveting as Coates’s testimony was the frantic performance of the administration’s chief lackey, Commissioner Michael Yaki. He asked Coates about the civil rights division’s memo-writing procedures, Bush-era cases, and Coates’s friendship with a former department attorney but never asked any questions about the specific allegations that Obama appointees opposed equal enforcement of the voting laws. An audience member wisecracked, “When all else fails, blame George Bush.”

Try as Democrats might to ignore the blockbuster evidence, Coates’s testimony was a game changer. Granted, the testimony contained information already revealed in conservative outlets and by former DOJ attorney J. Christian Adams. But Coates confirmed these facts and added a wealth of new details. An African American attorney and his mother (who also works for DOJ) were harassed for working on a voting case brought against an African American defendant. Obama’s deputy assistant general for civil rights, Julie Fernandez, repeatedly told attorneys not to enforce Section 8 or bring cases against minority defendants. Coates’s supervisor, who directly ordered the case’s dismissal, told him to stop asking applicants if they could enforce laws in a race-neutral fashion. Coates briefed civil rights chief Thomas Perez on the hostility toward race-neutral enforcement of voting laws — before Perez feigned ignorance of such sentiments in sworn testimony. In sum, Coates’s appearance was the scandal’s tipping point.

Conservative outlets have reported on the case for over a year; mainstream reporters have averted their eyes. After Coates’s performance, the Washington Post’s page-one story proclaimed that the case is “ratcheting up.” Politico had pooh-poohed the story; it now acknowledges that conservatives had it correct all along. (“Coates’ highly-charged testimony before the Civil Rights Commission echoed [conservatives’] allegations, as well as the testimony of J. Christian Adams.”) The testimony was so stunning that the New York Times might have to cover it.

Meanwhile, the DOJ’s spokesman bristled that Coates wasn’t “authorized” to testify and wasn’t an “appropriate” witness. In a transparent coordination with Yaki, DOJ’s spokesman blamed the Bush administration for politicizing the department. But it will be impossible to shrug off or smear Coates. As the Post conceded, Coates’s testimony will “carry greater weight because he worked decades ago as an attorney for the American Civil Liberties Union, has won awards from civil rights groups and lacks the partisan GOP resume of the department’s harshest opponents.”

Moreover, Coates testimony was all the more compelling because he was so circumspect, refusing to testify about internal discussions that the department considers privileged. (He readily agreed to provide more details if the DOJ waived its privilege claim.) He declined to draw inferences unsupported by his own observations. Asked whether Obama appointees’ directive not to enforce Section 8’s anti-fraud provisions was racially motivated, he answered with a litigator’s precision: it might have not been the intent, but the result was to allow bloated voting rolls in heavily minority districts that were Democratic strongholds.

No wonder the administration tried to muzzle Coates. Nevertheless, the department’s stonewalling has failed, and those parroting the administration’s line (“much ado about nothing”) look foolish. Inevitably, more Justice Department witnesses and documents will surface. (Judicial Watch has sued the DOJ, demanding documents evidencing the involvement of the department’s No. 3 man.)

Moreover, after November, Republicans almost certainly will assume chairmanships of key congressional committees. (Staff members from the offices of Reps. Lamar Smith and Frank Wolf, who have doggedly pursued the case, listened attentively in the front row on Friday.) A spokesman for Smith released this statement:

A founding principle of this nation is equality under the law. That means it is unacceptable for the Justice Department to determine whether to enforce a law based upon the race of a defendant or victim. And yet, according to testimony by the former chief voting rights attorney for the Department, that is precisely what the Justice Department is doing. … The Judiciary Committee should immediately open an investigation into allegations of improper practices within the Civil Rights Division and Justice Department officials should be subpoenaed to testify before Congress. There is no excuse for racial discrimination anywhere, but within the halls of the U.S. Department of Justice, it is the height of hypocrisy.

If Obama appointees refuse to testify voluntarily, the new chairmen will issue subpoenas.

It will be interesting to hear Obama officials explain why they failed to investigate accusations of wrongdoing and instead insisted that voting-rights laws be enforced only on behalf of minorities. It will be must-see TV when Perez is grilled on his inaccurate testimony claiming ignorance of hostility to the colorblind enforcement of voting laws. Will attorneys be referred to their state bar for professional misconduct?

This has become another headache for the Obama administration, especially for Eric Holder. Maybe he will want to “spend more time with his family” before Republican chairmen grab their gavels.

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Flotsam and Jetsam

Don’t you expect Eric Holder will want to “spend more time with his family” before Republicans get a majority — and subpoena power — in the House and/or Senate? “Abd al-Rahim al-Nashiri is a man with blood on his hands.A year before 9/11, the Saudi al Qaeda operative masterminded the bombing of the guided-missile destroyer USS Cole, killing 17 sailors as the vessel refueled in the Yemeni port of Aden.A Guantanamo tribunal was ready to arraign him last year, but since the Obama administration took office, it’s been a case of trial and error. No trial — plenty of error. … Attorney General Eric Holder said last year that because the Cole bombing was an attack on the military, Nashiri’s trial should proceed in a military tribunal. Did it really take nine months to figure that out?”

Don’t faint: “BBC Exonerates Israel.” When will J Street?

Don’t underestimate the cluelessness of liberal politicians: “The Muslim center planned near the site of the World Trade Center attack could qualify for tax-free financing, a spokesman for City Comptroller John Liu said on Friday, and Liu is willing to consider approving the public subsidy.The Democratic comptroller’s spokesman, Scott Sieber, said Liu supported the project. The center has sparked an intense debate over U.S. religious freedoms and the sanctity of the Trade Center site, where nearly 3,000 perished in the September 11, 2001 attack.”

Don’t think Florida Democrats should be celebrating Rick Scott’s win: “The first Rasmussen Reports post-primary survey of the Florida governor’s race finds Republican Rick Scott and Democrat Alex Sink in a close contest.Scott, the winner of Tuesday’s bruising GOP Primary, earns the support of 41% of Likely Voters in the state, while Sink picks up 36% of the vote.”

Don’t be surprised if Charlie Crist comes in third in the Senate race. A distant third.

Don’t you wonder what compelled James Fallows, after his magazine invited one of the most effective neocon pundits to join in a week-long symposium, to go out of his way to “disassociate” himself not once but twice from his guest’s views? Could be that the left-leaning readership threw a hissy fit (how dare Atlantic allow a conservative to make mincemeat of their arguments!), or maybe it’s just a dirth of graciousness. These are not mutually exclusive explanations. (To his credit, Jeffrey Goldberg — “kudos to the assorted luminaries” — did not follow his colleague’s lead.)

Don’t miss Peter Berkowitz’s latest column. A sample: “In late 2008 and early 2009, in the wake of Mr. Obama’s meteoric ascent, the idea that conservatism would enjoy any sort of revival in the summer of 2009 would have seemed to demoralized conservatives too much to hope for. To leading lights on the left, it would have appeared absolutely outlandish. … Messrs. [George] Packer, [E.J.] Dionne and [Sam] Tanenhaus underestimated what the conservative tradition rightly emphasizes, which is the high degree of unpredictability in human affairs. They also conflated the flagging fortunes of George W. Bush’s Republican Party with conservatism’s popular appeal.”

Don’t hold your breath waiting for Obama to say “victory” or “democracy” in connection with Iraq. It’s all about keeping his campaign promise. And more money spent on the VA. I had hoped he would grow into the role of commander in chief. Hasn’t happened yet.

Don’t you expect Eric Holder will want to “spend more time with his family” before Republicans get a majority — and subpoena power — in the House and/or Senate? “Abd al-Rahim al-Nashiri is a man with blood on his hands.A year before 9/11, the Saudi al Qaeda operative masterminded the bombing of the guided-missile destroyer USS Cole, killing 17 sailors as the vessel refueled in the Yemeni port of Aden.A Guantanamo tribunal was ready to arraign him last year, but since the Obama administration took office, it’s been a case of trial and error. No trial — plenty of error. … Attorney General Eric Holder said last year that because the Cole bombing was an attack on the military, Nashiri’s trial should proceed in a military tribunal. Did it really take nine months to figure that out?”

Don’t faint: “BBC Exonerates Israel.” When will J Street?

Don’t underestimate the cluelessness of liberal politicians: “The Muslim center planned near the site of the World Trade Center attack could qualify for tax-free financing, a spokesman for City Comptroller John Liu said on Friday, and Liu is willing to consider approving the public subsidy.The Democratic comptroller’s spokesman, Scott Sieber, said Liu supported the project. The center has sparked an intense debate over U.S. religious freedoms and the sanctity of the Trade Center site, where nearly 3,000 perished in the September 11, 2001 attack.”

Don’t think Florida Democrats should be celebrating Rick Scott’s win: “The first Rasmussen Reports post-primary survey of the Florida governor’s race finds Republican Rick Scott and Democrat Alex Sink in a close contest.Scott, the winner of Tuesday’s bruising GOP Primary, earns the support of 41% of Likely Voters in the state, while Sink picks up 36% of the vote.”

Don’t be surprised if Charlie Crist comes in third in the Senate race. A distant third.

Don’t you wonder what compelled James Fallows, after his magazine invited one of the most effective neocon pundits to join in a week-long symposium, to go out of his way to “disassociate” himself not once but twice from his guest’s views? Could be that the left-leaning readership threw a hissy fit (how dare Atlantic allow a conservative to make mincemeat of their arguments!), or maybe it’s just a dirth of graciousness. These are not mutually exclusive explanations. (To his credit, Jeffrey Goldberg — “kudos to the assorted luminaries” — did not follow his colleague’s lead.)

Don’t miss Peter Berkowitz’s latest column. A sample: “In late 2008 and early 2009, in the wake of Mr. Obama’s meteoric ascent, the idea that conservatism would enjoy any sort of revival in the summer of 2009 would have seemed to demoralized conservatives too much to hope for. To leading lights on the left, it would have appeared absolutely outlandish. … Messrs. [George] Packer, [E.J.] Dionne and [Sam] Tanenhaus underestimated what the conservative tradition rightly emphasizes, which is the high degree of unpredictability in human affairs. They also conflated the flagging fortunes of George W. Bush’s Republican Party with conservatism’s popular appeal.”

Don’t hold your breath waiting for Obama to say “victory” or “democracy” in connection with Iraq. It’s all about keeping his campaign promise. And more money spent on the VA. I had hoped he would grow into the role of commander in chief. Hasn’t happened yet.

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Obstruction of Justice

On August 6, the U.S. Commission on Civil Rights sent Eric Holder a letter reiterating its request to allow Chris Coates, the former head of the New Black Panther Party trial team, to testify. Coates had, upon his relocation to the U.S. attorney’s office in South Carolina, given a goodbye speech detailing the dangers of his colleagues’ aversion to colorblind enforcement of civil rights laws, which is the central focus of the commission’s work. The commission, in an effort to avoid any claim of “privilege,” offered to limit questioning to whether there is a “policy and/or culture within the Department of discriminatory enforcement of civil rights laws” and whether the administration is refusing to enforce the portion of the Voting Rights Act that requires local and state governments to clean up the voting rolls to prevent fraud.

On August 11, civil rights department head Thomas Perez, who has been accused of giving misleading testimony to the commission and to Congress, sent a rather preposterous response. He assured the commission that there was no problem, no problem at all, because the Justice Department is committed “to the evenhanded application of the law.” And since Perez has told the commission so, there is no need to allow Coates to testify. (“In light of my clear articulation of our enforcement policy … we do not believe that a Civil Rights Division attorney who has been on detail to the U.S. Attorney’s office in South Carolina since mid-January 2010 is the appropriate witness to testify.”)

It’s jaw-dropping, really, even for this crew. Coates, who has detailed knowledge of the most explosive allegations, can’t be the right person to testify, because he was shuffled off to South Carolina after his maddening experience on the New Black Panther trial case and a fiery farewell address in which he accused the department of failing to enforce the law in an “evenhanded” manner. So he can’t possibly be the right person to testify.

As this report details, an acrimonious commission meeting took place on Friday in which a minority of the commissioners carried the department’s water and found no problem with the galling stonewall. But a majority of the commissioners found that the Obama administration had been obstructionist and passed a motion that restated the commission’s statutory authority and the attorney general’s refusal to cooperate with the commission’s investigation:

The Commission’s organic statute authorizes it to subpoena witnesses and the production of written material in aid of its mission, and it authorizes the Attorney General to enforce the Commission’s subpoenas in federal court if any person or entity refuses to comply. The Commission’s statute also requires that “All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties,” 42 U.S.C. § 1975b(e), but it is equally unclear whether the Commission has recourse to seek judicial enforcement of this command, absent representation from the Department of Justice. … In the NBPP investigation that is the subject of this report, the Department of Justice refused to comply with certain Commission requests for information concerning DOJ’s enforcement actions, and it instructed its employees not to comply with the Commission’s subpoenas for testimony.

The commission also adopted the following:

Congress should consider amendments to the Commission’s statute to address investigations in which the Attorney General and/or the Department of Justice have a conflict of interest in complying fully with the Commission’s requests for information.  Options to address a potential conflict of interest might include the following:

Enactment of a statutory procedure by which the Commission may request the Attorney General to appoint a special counsel with authority to represent it in federal court, which request the Attorney General must personally respond to in writing within a specified period of time.

Enactment of a statutory provision to clarify that the Commission may hire its own counsel and proceed independently in federal court if the Attorney General refuses to enforce a subpoena or other lawful request, especially those directed at the Department of Justice, its officers, or its employees.

A conscious decision not to alter the Commission’s statute or a statutory confirmation that the Attorney General and Department of Justice can act against the Commission’s interest without any particular explanation.

The last option would surely be popular with congressional Democrats.

But the real resolution of this will probably come only if Coates and others defy the department’s order to ignore the commission’s subpoenas (not likely if they want to continue working in this administration), or if control of the House and/or Senate flips to GOP control, and Coates, Perez, and others are ordered to appear and give congressional testimony under oath.

On August 6, the U.S. Commission on Civil Rights sent Eric Holder a letter reiterating its request to allow Chris Coates, the former head of the New Black Panther Party trial team, to testify. Coates had, upon his relocation to the U.S. attorney’s office in South Carolina, given a goodbye speech detailing the dangers of his colleagues’ aversion to colorblind enforcement of civil rights laws, which is the central focus of the commission’s work. The commission, in an effort to avoid any claim of “privilege,” offered to limit questioning to whether there is a “policy and/or culture within the Department of discriminatory enforcement of civil rights laws” and whether the administration is refusing to enforce the portion of the Voting Rights Act that requires local and state governments to clean up the voting rolls to prevent fraud.

On August 11, civil rights department head Thomas Perez, who has been accused of giving misleading testimony to the commission and to Congress, sent a rather preposterous response. He assured the commission that there was no problem, no problem at all, because the Justice Department is committed “to the evenhanded application of the law.” And since Perez has told the commission so, there is no need to allow Coates to testify. (“In light of my clear articulation of our enforcement policy … we do not believe that a Civil Rights Division attorney who has been on detail to the U.S. Attorney’s office in South Carolina since mid-January 2010 is the appropriate witness to testify.”)

It’s jaw-dropping, really, even for this crew. Coates, who has detailed knowledge of the most explosive allegations, can’t be the right person to testify, because he was shuffled off to South Carolina after his maddening experience on the New Black Panther trial case and a fiery farewell address in which he accused the department of failing to enforce the law in an “evenhanded” manner. So he can’t possibly be the right person to testify.

As this report details, an acrimonious commission meeting took place on Friday in which a minority of the commissioners carried the department’s water and found no problem with the galling stonewall. But a majority of the commissioners found that the Obama administration had been obstructionist and passed a motion that restated the commission’s statutory authority and the attorney general’s refusal to cooperate with the commission’s investigation:

The Commission’s organic statute authorizes it to subpoena witnesses and the production of written material in aid of its mission, and it authorizes the Attorney General to enforce the Commission’s subpoenas in federal court if any person or entity refuses to comply. The Commission’s statute also requires that “All Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties,” 42 U.S.C. § 1975b(e), but it is equally unclear whether the Commission has recourse to seek judicial enforcement of this command, absent representation from the Department of Justice. … In the NBPP investigation that is the subject of this report, the Department of Justice refused to comply with certain Commission requests for information concerning DOJ’s enforcement actions, and it instructed its employees not to comply with the Commission’s subpoenas for testimony.

The commission also adopted the following:

Congress should consider amendments to the Commission’s statute to address investigations in which the Attorney General and/or the Department of Justice have a conflict of interest in complying fully with the Commission’s requests for information.  Options to address a potential conflict of interest might include the following:

Enactment of a statutory procedure by which the Commission may request the Attorney General to appoint a special counsel with authority to represent it in federal court, which request the Attorney General must personally respond to in writing within a specified period of time.

Enactment of a statutory provision to clarify that the Commission may hire its own counsel and proceed independently in federal court if the Attorney General refuses to enforce a subpoena or other lawful request, especially those directed at the Department of Justice, its officers, or its employees.

A conscious decision not to alter the Commission’s statute or a statutory confirmation that the Attorney General and Department of Justice can act against the Commission’s interest without any particular explanation.

The last option would surely be popular with congressional Democrats.

But the real resolution of this will probably come only if Coates and others defy the department’s order to ignore the commission’s subpoenas (not likely if they want to continue working in this administration), or if control of the House and/or Senate flips to GOP control, and Coates, Perez, and others are ordered to appear and give congressional testimony under oath.

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Please, Mr. Attorney General, Stop Obstructing Justice

From the onset of the New Black Panther Party scandal, the Obama Justice Department has refused to allow percipient witnesses, including the trial team, to testify. Eric Holder has prevented those accused of quashing the voter-intimidation case and those who complained about the quashing to testify. J. Christian Adams had to quit his job in order to tell his story.

The U.S. Commission on Civil Rights is now challenging the mainstream-media canard — this is “small potatoes” — and pushing Holder to end the stonewalling. The chairman of the commission, Gerald Reynolds, wrote to Holder yesterday. The letter reads, in part:

Mr. Adams testified that there is hostility within the Civil Rights Division to the race neutral enforcement of civil rights protections, and that such hostility may be supported by statements of current political appointees in the Division. By way of example, his testimony indicated that career employees refused to work on the Ike Brown litigation (in which the court found that the voting rights of white and black voters had been violated by a black official) and, most importantly, that specific instructions were given to Mr. Chris] Coates [head of the Black Panther trial team] from Deputy Assistant Attorney General Julie Fernandes to the effect that “cases are not going to be brought against black defendants for the benefit of white victims; that if somebody wanted to bring these cases it was up to the U.S. Attorney, but the Civil Rights Division wasn’t going to be bringing it.”

Without waiving its rights to examine Department personnel in the future as to the decision making process in the New Black Panther Party litigation, the Commission will agree to limit Mr. Coates’s (initial) questioning to non-deliberative statements or actions relating to whether there is a policy and/or culture within the Department of discriminatory enforcement of civil rights laws and whether there is a policy not to enforce Section 8 of the National Voter Registration Act.

(And oh, by the way, the chief pooh-pooher on the commission, a Republican who’s now the darling of the left, “fearlessly” abstained from the vote to send the letter. What could possibly be the objection or the reason to take a pass – or have the facts simply become too overwhelming to dispute?)

To reiterate: we are talking about a serious allegation that Obama’s Justice Department refuses to enforce the civil rights laws without regard to the race of the defendant and — without any legal basis — is preventing a witness from testifying. If it were not for their partisan loyalty and desire to minimize a scandal they have ignored for far too long, the mainstream media and the punditocracy would be going nuts. Imagine if the Bush administration had refused to allow a key Justice Department attorney to testify as to why a Republican administration dropped a slam-dunk case against a white racist organization. It’s inconceivable that a Republican administration would attempt such a thing or that the media would yawn in response.

Let’s see what Holder’s excuse is now for blocking an inquiry into his department’s lawless conduct.

From the onset of the New Black Panther Party scandal, the Obama Justice Department has refused to allow percipient witnesses, including the trial team, to testify. Eric Holder has prevented those accused of quashing the voter-intimidation case and those who complained about the quashing to testify. J. Christian Adams had to quit his job in order to tell his story.

The U.S. Commission on Civil Rights is now challenging the mainstream-media canard — this is “small potatoes” — and pushing Holder to end the stonewalling. The chairman of the commission, Gerald Reynolds, wrote to Holder yesterday. The letter reads, in part:

Mr. Adams testified that there is hostility within the Civil Rights Division to the race neutral enforcement of civil rights protections, and that such hostility may be supported by statements of current political appointees in the Division. By way of example, his testimony indicated that career employees refused to work on the Ike Brown litigation (in which the court found that the voting rights of white and black voters had been violated by a black official) and, most importantly, that specific instructions were given to Mr. Chris] Coates [head of the Black Panther trial team] from Deputy Assistant Attorney General Julie Fernandes to the effect that “cases are not going to be brought against black defendants for the benefit of white victims; that if somebody wanted to bring these cases it was up to the U.S. Attorney, but the Civil Rights Division wasn’t going to be bringing it.”

Without waiving its rights to examine Department personnel in the future as to the decision making process in the New Black Panther Party litigation, the Commission will agree to limit Mr. Coates’s (initial) questioning to non-deliberative statements or actions relating to whether there is a policy and/or culture within the Department of discriminatory enforcement of civil rights laws and whether there is a policy not to enforce Section 8 of the National Voter Registration Act.

(And oh, by the way, the chief pooh-pooher on the commission, a Republican who’s now the darling of the left, “fearlessly” abstained from the vote to send the letter. What could possibly be the objection or the reason to take a pass – or have the facts simply become too overwhelming to dispute?)

To reiterate: we are talking about a serious allegation that Obama’s Justice Department refuses to enforce the civil rights laws without regard to the race of the defendant and — without any legal basis — is preventing a witness from testifying. If it were not for their partisan loyalty and desire to minimize a scandal they have ignored for far too long, the mainstream media and the punditocracy would be going nuts. Imagine if the Bush administration had refused to allow a key Justice Department attorney to testify as to why a Republican administration dropped a slam-dunk case against a white racist organization. It’s inconceivable that a Republican administration would attempt such a thing or that the media would yawn in response.

Let’s see what Holder’s excuse is now for blocking an inquiry into his department’s lawless conduct.

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Blaming Bush for the New Black Panther Scandal

Liberal Democrat Rep. Brad Sherman was embarrassed and attacked by constituents recently when he claimed no knowledge of the New Black Panther scandal. So in true liberal pol style, he’s using his own gaffe as an excuse to savage the Bush administration. Yeah, really.

On July 19, Sherman wrote Attorney General Eric Holder — sorry, liberal spin squad — to acknowledge that voter intimidation and fraud are, gosh, serious matters and that he understands that charges were dropped against all but one defendant and “downgraded against one.” He also urges Holder to “review the matter and pursue the criminal case that your department did not originally pursue.” Well, there never was a criminal case, but Sherman now has joined the legions of conservatives calling for an investigation and the refiling of charges. I guess there really is an important case.

But then Sherman takes a bizarre turn and recites a litany of cases he claims the Bush administration (Brad, blaming Bush doesn’t work; look at the polls) did not pursue. Huh? He says this all might have occurred — get this — because of “politicization.” You know, usually pols are not so pathetically obvious in their misdirection gambits.

Nevertheless, it is heart-warming to see Sherman undercut the “no big deal” patrol, which seems so organized and so uniform on the New Black Panther counteroffensive you’d almost believe Journolist still lives.

Liberal Democrat Rep. Brad Sherman was embarrassed and attacked by constituents recently when he claimed no knowledge of the New Black Panther scandal. So in true liberal pol style, he’s using his own gaffe as an excuse to savage the Bush administration. Yeah, really.

On July 19, Sherman wrote Attorney General Eric Holder — sorry, liberal spin squad — to acknowledge that voter intimidation and fraud are, gosh, serious matters and that he understands that charges were dropped against all but one defendant and “downgraded against one.” He also urges Holder to “review the matter and pursue the criminal case that your department did not originally pursue.” Well, there never was a criminal case, but Sherman now has joined the legions of conservatives calling for an investigation and the refiling of charges. I guess there really is an important case.

But then Sherman takes a bizarre turn and recites a litany of cases he claims the Bush administration (Brad, blaming Bush doesn’t work; look at the polls) did not pursue. Huh? He says this all might have occurred — get this — because of “politicization.” You know, usually pols are not so pathetically obvious in their misdirection gambits.

Nevertheless, it is heart-warming to see Sherman undercut the “no big deal” patrol, which seems so organized and so uniform on the New Black Panther counteroffensive you’d almost believe Journolist still lives.

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New Black Panthers — GOP Turns Up the Heat

Republicans on the Hill are turning their sights to the mushrooming New Black Panther Party scandal. Two of the latest developments signal the more aggressive stance from Republicans.

First, Rep. Lamar Smith (one of the few congressmen who has diligently hounded the administration for answers about the dismissal of the voter-intimidation case and for its position on enforcement of the civil rights laws) wrote to the president. As Ranking Chair on the House Judiciary Committee, he is asking for a special prosecutor to be appointed not only to investigate the dismissal of a single case but also to determine whether the Obama Justice Department is operating under a “no lawsuits against minorities” rule.

Then on Friday, in the Senate, the GOP members of the Judiciary Committee — all seven, including Lindsey Graham — sent a letter to Committee Chairman Pat Leahy. They list the relevant facts of the case, and they also make clear there is more at issue than a single case. The senators recap testimony that the assistant attorney general for civil rights, Thomas Perez, may have provided untruthful testimony and that the deputy assistant attorney general for civil rights, Julie Fernandes, said that the Department wouldn’t pursue cases with minority defendants and white victims. They conclude that if the allegations are true, the Obama Justice Department is guilty of “politicization and possible corruption.” They demand a hearing. The kicker is subtle and in the final line: “Given the importance of this oversight matter, we believe that holding a hearing on this issue should take priority over other Committee business.”

Are the Republicans threatening to hold up confirmation hearings? Could filibusters be in the future? There is the Elena Kagan vote and also the hearing to fill the No. 2 slot in Justice. (The controversial James Cole awaits his confirmation hearing.) If the Obama administration wants to move forward on its issues and appointments, the Republicans seem to be implying that the stonewall act of Eric Holder, aided and abetted by the slothful Democratic chairmen, must end. Seems fair, right?

Maybe now the mainstream media will recognize that this story is hardly about a single case, as noxious as it was to forfeit a default judgment against blatant violators of the Voting Rights Act. Face the Nation is scheduled to take a look at the matter today. (I wonder if the guests have been warned not to bring up the network’s yearlong refusal to cover the story.) We will see whether the mainstream media perk up and admit there is, in fact, a scandal of significant proportions that needs to be fully investigated.

The Democrats may be more motivated now than they were a month or a year ago to look into the allegations for two reasons. First, if one or both of the houses flip to Republican control, Rep. Lamar Smith will be Chairman Smith, and Republicans will have subpoena power. Perhaps now is the time for the Obami and House Democrats to make amends with Smith, whose requests and inquiries have been repeatedly ignored. There is nothing quite like a new chairman with an axe to grind. Similarly in the Senate, wouldn’t it be better for the Democrats to have a hearing under the protective eye of Sen. Leahy? It’s a big risk to let things build and to hope that all the polls showing an impending landslide are wrong. They could be facing Chairman Kyl, you know.

Second, Congress is soon to recess. What if — like Rep. Brad Sherman — more Democrats are “ambushed” by constituents demanding answers about the case? (Note to Democratic friends: read up about the case; the voters don’t like it when you say you’ve never heard about something because the New York Times didn’t report on it.) Certainly, if confronted by irate voters, Democrats would prefer to say: “Yes, I’m concerned too about equal enforcement of civil rights laws. We sure are going to have a hearing on that. Now, let’s get back to the real issue in the campaign: George W. Bush.” Well, you get the idea.

Even if the media is in damage-control mode — playing dumb about the wider implications of the case — Republicans have no intention of going along with the charade. As a result, an unseemly scandal is about to get a whole lot more attention. Like it or not, the media may be obliged to follow the story — the whole story.

Republicans on the Hill are turning their sights to the mushrooming New Black Panther Party scandal. Two of the latest developments signal the more aggressive stance from Republicans.

First, Rep. Lamar Smith (one of the few congressmen who has diligently hounded the administration for answers about the dismissal of the voter-intimidation case and for its position on enforcement of the civil rights laws) wrote to the president. As Ranking Chair on the House Judiciary Committee, he is asking for a special prosecutor to be appointed not only to investigate the dismissal of a single case but also to determine whether the Obama Justice Department is operating under a “no lawsuits against minorities” rule.

Then on Friday, in the Senate, the GOP members of the Judiciary Committee — all seven, including Lindsey Graham — sent a letter to Committee Chairman Pat Leahy. They list the relevant facts of the case, and they also make clear there is more at issue than a single case. The senators recap testimony that the assistant attorney general for civil rights, Thomas Perez, may have provided untruthful testimony and that the deputy assistant attorney general for civil rights, Julie Fernandes, said that the Department wouldn’t pursue cases with minority defendants and white victims. They conclude that if the allegations are true, the Obama Justice Department is guilty of “politicization and possible corruption.” They demand a hearing. The kicker is subtle and in the final line: “Given the importance of this oversight matter, we believe that holding a hearing on this issue should take priority over other Committee business.”

Are the Republicans threatening to hold up confirmation hearings? Could filibusters be in the future? There is the Elena Kagan vote and also the hearing to fill the No. 2 slot in Justice. (The controversial James Cole awaits his confirmation hearing.) If the Obama administration wants to move forward on its issues and appointments, the Republicans seem to be implying that the stonewall act of Eric Holder, aided and abetted by the slothful Democratic chairmen, must end. Seems fair, right?

Maybe now the mainstream media will recognize that this story is hardly about a single case, as noxious as it was to forfeit a default judgment against blatant violators of the Voting Rights Act. Face the Nation is scheduled to take a look at the matter today. (I wonder if the guests have been warned not to bring up the network’s yearlong refusal to cover the story.) We will see whether the mainstream media perk up and admit there is, in fact, a scandal of significant proportions that needs to be fully investigated.

The Democrats may be more motivated now than they were a month or a year ago to look into the allegations for two reasons. First, if one or both of the houses flip to Republican control, Rep. Lamar Smith will be Chairman Smith, and Republicans will have subpoena power. Perhaps now is the time for the Obami and House Democrats to make amends with Smith, whose requests and inquiries have been repeatedly ignored. There is nothing quite like a new chairman with an axe to grind. Similarly in the Senate, wouldn’t it be better for the Democrats to have a hearing under the protective eye of Sen. Leahy? It’s a big risk to let things build and to hope that all the polls showing an impending landslide are wrong. They could be facing Chairman Kyl, you know.

Second, Congress is soon to recess. What if — like Rep. Brad Sherman — more Democrats are “ambushed” by constituents demanding answers about the case? (Note to Democratic friends: read up about the case; the voters don’t like it when you say you’ve never heard about something because the New York Times didn’t report on it.) Certainly, if confronted by irate voters, Democrats would prefer to say: “Yes, I’m concerned too about equal enforcement of civil rights laws. We sure are going to have a hearing on that. Now, let’s get back to the real issue in the campaign: George W. Bush.” Well, you get the idea.

Even if the media is in damage-control mode — playing dumb about the wider implications of the case — Republicans have no intention of going along with the charade. As a result, an unseemly scandal is about to get a whole lot more attention. Like it or not, the media may be obliged to follow the story — the whole story.

Read Less




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