Senate Republicans have been calling on President Obama to appoint a special prosecutor to look into the national security leaks from the White House. This is even more critical in the wake of the Eric Holder contempt vote, as the same Obama-appointed U.S. attorney is now in charge of dealing with the charges against Holder and the investigation into the intelligence leaks.
The most obvious problem is the conflict of interest. It’s doubtful that U.S. Attorney for D.C. Ronald Machen, an Obama appointee, can fairly investigate his own boss (Eric Holder), or his boss’s boss (President Obama) in either the leak cases or the Fast and Furious stonewalling.
As expected, the House voted to hold Attorney General Eric Holder in contempt of Congress, largely along party lines, 255 to 67. Seventeen Democrats crossed over to vote for contempt with the GOP, while more than 100 Democrats sat out the vote in protest.
Now that the resolution has passed, the issue will be turned over to the Obama-appointed U.S. Attorney for D.C. Ronald Machen to decide whether he wants to pursue charges against Holder, who is, of course, Machen’s boss. Machen, as you may recall, is also leading the investigation into the White House national security leaks, and Republicans have already been raising alarms about that conflict of interest.
According to CNN, Machen has no obligation to do anything with the Holder dispute, and considering his position, he probably won’t. But the GOP will likely point out that the White House is blocking two investigations from independent scrutiny, a major deviation from its rhetoric on transparency.
Why did the Department of Justice appoint two prosecutors to lead its leak investigations? That’s the question Sen. Jon Kyl asked Eric Holder during his testimony at yesterday’s Senate Judiciary hearing. Holder gave a hopelessly vague and evasive answer, but Kyl’s question is worth asking again, given what we know about the two U.S. Attorneys.
One of these prosecutors, Ronald Machen, is an Obama appointee who donated $4,350 to the Obama campaign, as the blog Fire Andrea Mitchell pointed out. The other is a holdover Bush appointee, U.S. Attorney for the District of Maryland Rod J. Rosenstein.
So one Bush appointee and one Obama donor should balance each other out, right? Actually, no — not necessarily. The DOJ has opened two separate leak investigations with different scopes, and the prosecutors could be asked to lead them separately.