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Specter Still Playing it Coy on Holder Nomination

When last we left the Republicans on the Senate Judiciary Committee, John Cornyn (TX) was taking a stand against accountability by insisting that Attorney General nominee Eric Holder promise not to prosecute any intelligence official for possible interrogation abuses at Guantanamo Bay and elsewhere.

Sen. Lindsey Graham (R-SC) took a more pragmatic view of Holder's ability to promise such sweeping immunity before court action on detainee cases is complete. But where is Arlen Specter (PA), Judiciary's senior Republican, in all of this?

Specter met privately with Holder yesterday, according to the Philadelphia Inquirer, and emerged with a heaping dose of equivocation on the nomination.

On Cornyn's concern about prosecution of those engaged in interrogation, Holder "did say it would depend on the specific facts of the case," Specter said, including whether there was a "reliable and authoritative" Justice Department opinion authorizing the actions taken. ... Specter declined yesterday to say how he would vote on Holder, but he said Wednesday that he would ask the nominee questions in the private meeting "with a view toward getting him confirmed."

Republicans are sure to put Holder through more of these political paces until the committee's scheduled vote on Wednesday, but they lack any procedural method to force a further delay. Even if Holder is approved on a party-line vote next week, the GOPers' only recourse is to place an official hold on the nomination -- as Cornyn said he might do -- after its approval in committee.

The next move in the chess game, then, would belong to Majority Leader Harry Reid (D-NV). Either way, however, Holder is set for confirmation; it's just a question of when.

Late Update: Sen. Sheldon Whitehouse (RI), a Dem on the judiciary panel, just came out with a statement blasting the GOPers for their Holder gamesmanship.

Republicans on the Judiciary Committee have asked Eric Holder to make a commitment, before he is even confirmed, that he will not prosecute any Bush Administration officials for their involvement in acts of torture during the last administration.

Anyone familiar with the criminal justice system - especially those with experience as prosecutors or judges - should know that a prosecutor should make no determination about who to prosecute before he or she has all the facts, and particularly not in response to legislative pressure.

After all we have recently been through at the Department of Justice, I would hope and expect that upon calm reflection, no one on our Committee would expect the Attorney General of the United States to make prosecutive decisions based on legislative pressure.


29 Comments

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When will the Obama administration start hammering Cornyn with a statement like, "We find it simply astounding that Senator Cornyn is preventing an up-or-down vote on Eric Holder, and preventing the United States from having a brilliant, qualified Attorney General, because the Senator insists that Mr. Holder must first promise not to enforce the law!"

Holder needs another hearing, so he can have a "Have you at long last no shame, Senator Cornyn?" moment.

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i realize this was posted Jan 23, but take a look at a diary on DKos discussing the subject
http://www.dailykos.com/story/2009/1/24/7759/73315/100/688411

fun reading!

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"Have you at long last no shame, Senator Cornyn?"

A rhetorical question without doubt.

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"We find it simply astounding that Senator Cornyn is preventing an up-or-down vote on Eric Holder, and preventing the United States from having a brilliant, qualified Attorney General, because the Senator insists that Mr. Holder must first promise not to enforce the law!"

Brilliant!

If the parties were reversed, and this was a Dem holding up the nomination of a Republican, this sort of public relations put-down would already be floating through cable news, blogs, and newspapers.

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Ah, but it's a whole new era of bipartisan comity, doncha know? I guess it's up to us out here on the Internets to do that heavy lifting.

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The contradiction in terms of asking the AG not to enforce the law is laughable, if it were not so serious.

Thanks for putting that in blockquotes, CT Voter!

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Good for Whitehouse, who, IIRC, has the credibility of being a former U.S. attorney.

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Bah. Let them play all the games they want. They can't stop his confirmation. They can't even delay it by much. All they can do is make noise. Specter can waffle, equivocate, dodge, bob and weave, double-talk, flip-flop, hem and haw, prevaricate and evade all he wants.

This is what irrelevance looks like. He's pretending his vote matters. It doesn't.

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I don't think the Obama Administration will get into the confirmation battle because A]They know they eventually have the numbers and he'll be confirmed and B]Getting involved would only further politicize Holder, and that is exactly what the GOP wants at this point. They want to paint Holder as Obama's right hand man, or even his DOJ lapdog, and if Obama came out with a full court press PR campaign and tried to bully Holder to be confirmed he'd be playing right into their hands.

Obama offered Holder up, and now it's the Senate's job to confirm him. Whitehouse and Feingold should be blasting Cornyn though and what Cornyn is asking for is ridiculous and he should absolutely nknow better.

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In a nutshell, Cornyn is saying "I'll vote for you as long as you promise not to do your job".

What a maroon.

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Or more specifically, "I'll vote for you as long as you promise not to do your job, just like the last two guys."

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Ditto Eric. Well put

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It is not unreasonable for Cornyn to want a straight answer from Eric Holder and President Obama for that matter on whether it is a possibility that the DOJ will prosecute US intelligence agents and/or former government officials for what they did in interrogating terrorism suspects or approving such interrogations. This is not really a matter of assessing the "facts" concerning whether a criminal suspect violated a pre-existing criminal law, such as the prohibition on bank robbery, whose validity everyone acknowledges, which a nominee for a prosecutorial position obviously cannot do in advance taking up his or her position. It is now universally acknowledged that various terrorism suspects, such as Khalid Sheikh Mohammed, were tortured, if waterboarding and other harsh interrogation methods constitute torture and that the use of such methods does constitute a violation of the Geneva Convention. That is a different matter from saying that they violate US law in the context in which they were used. Whether Holder thinks that those interrogation methods used in the war on terror are a violation of US law potentially subject to prosecution by the US government is a legitimate subject of inquiry, just as it is to ask a Supreme Court nominee whether he or she thinks Roe v. Wade was rightly decided.
It might also be noted that a prosecution of the relevant CIA officers, let alone Jim Haynes, John Yoo, Donald Rumsfeld, Dick Cheney or George W. Bush, would rip this country apart and not be regarded as legitimate by half or more of it. But if that is what is coming, the Senate has a right to know about it.

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It might also be noted that a prosecution of the relevant CIA officers, let alone Jim Haynes, John Yoo, Donald Rumsfeld, Dick Cheney or George W. Bush, would rip this country apart and not be regarded as legitimate by half or more of it.
You mean your buddies Rush and Sean wouldn't like it.
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Someone refresh my memory. I don't recall this concern for public opinion when they were impeaching Bill Clinton. Wasn't it all about "The Rule of Law"? I wonder what could have changed?

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Clinton should have had a patsy OLC official say getting a hummer and lying about it was a-ok then he'd have been covered...

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Yeah, I think that if Obama had won an electoral squeaker, this might have the potential of ripping the country apart. In reality, the only ones who are against prosecution are the ones who fear it.

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Bears repeating:

the only ones who are against prosecution are the ones who fear it.
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Slippery slope!

I hate seeing that kind of argument being made. It reminds me of the cops who try to bully folks into letting them violate their Fourth Amendment rights by saying "If you have nothing to hide then you won't mind if I look". Or the politicians who try to convince me that as long as I don't text message any terrorists then I shouldn't be concerned that NSA is reading my mail.

Best not to use the tactics of the enemy ;-)

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Rubbish. If all Cornyn wants to know is if there's a "possibility" of prosecutions, I can answer that for him: Yes, there is a possibility. In fact, Holder's unwillingness to rule out prosecution effectively answers the question quite nicely: yes, there is a possibility. That's not what Cornyn is after. What he's trying to do is get Holder to make some kind of statement that will either make it harder to later initiate such prosecutions or that will give Cornyn ammunition to complain about it if he does.

The question of whether approval of and conducting torture is a violation of US law is a red herring. It clearly is. The Geneva Convention and other treaties are binding and the government is legally bound to prosecute violators. Since Holder has unequivocally said that waterboarding is torture, the question is decided.

What Cornyn is also trying to do is maintain some kind of relevance, as if his vote matters. It doesn't.

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I hope all of Cronyn's constituents in Obama-friendly (62% positive, last time I looked) Texas are keeping close tabs on his behavior.

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That's true in a lot of countries whose leaders commit war crimes. We don't let them off the hook any more than we decline to prosecute civil criminals because it may cause unrest in their communities. The law is the law; the best way to avoid "ripping the country apart" is for leaders not to commit war crimes, not for us to let them off the hook for it.

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Just to underscore your words. I say Amen:

The law is the law; the best way to avoid "ripping the country apart" is for leaders not to commit war crimes, not for us to let them off the hook for it.
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Whatever Cornyn is trying to accomplish with this charade, he is only giving validity to the idea that people in Bush's administration have broken the law and could be prosecuted. Holder's reply should be, "I do not have the authority to offer a blanket pardon to officials in the Bush administration who may be found to have broken the law. Only the President has that authority."

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Wouldn't this GOP demand for protection of the guilty from prosecution constitute obstructin of justice?

Seriously, it seems very much like a case of pre-emptive obstruction.

If, after the fact, we should learn that they knew full well there were crimes committed, wouldn't Specter's and other GOP ploys to get assurances of immunity represent, essentially, an obstruction of justice?

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JEP, I love that term for it!

Obstruction of Justice.


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It's beginning to look like Specter and friends have something to worry about.

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Aren't some of these Republicans on the Judiciary committee attorneys? Weren't some of them actually prosecutors? Their stupidity and arrogance should be front page news, if only the news organizations realized that it would be completely unethical for a prosecutor to make any representations about what he will or won't prosecute before thoroughly investigating the facts and applicable law and coming to an objective decision on whether or not prosecution is warranted.

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I'm making a commitment. I am going to work and spend to make sure Specter is unseated in 2010.

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