Eric Holder | Le·gal In·sur·rec·tion - Part 2
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Posted by Mary Chastain on April 12, 2017 9 Comments
FINALLY. After seven long years, authorities have arrested the man suspected of pulling the trigger and murdering Border Patrol Agent Brian Terry in December 2010. The gun he used belonged to Operation Fast and Furious, the gun running scheme set up under then-Attorney General Eric Holder. Fox News reported:
The suspect, Heraclio Osorio-Arellanes, was apprehended by a joint U.S.-Mexico law enforcement task force that included the Drug Enforcement Administration, U.S. Marshals and the Border Patrol Tactical Unit (BORTAC).

Posted by Kemberlee Kaye on March 04, 2017 17 Comments
We spend a lot of our time correcting misreporting, slopping reporting, and reporting presented as objective when it clearly is not. Increasingly, it's apparent the attempt to oust newly-minted Attorney General Sessions was a good, old-fashioned media hit job. Who was behind it, we don't know. These things seldom happen on their own, especially in the age of a completely incurious press. The good folks over at the Media Research Center studied media coverage of the Sessions incident and compared it with the amount of coverage previous Attorney General Eric Holder received when he was in contempt of Congress. The results? Well, they're pretty much exactly what you'd expect them to be, sadly.

Posted by Mike LaChance on February 18, 2017 29 Comments
Former Acting Attorney General Sally Yates, fired for insubordination after she told DOJ not to defend Trump's immigration Executive Order, is being held up as a new hero by the left for doing so. She attended an event on race in Atlanta this week and got a standing ovation. The Atlanta Journal-Constitution reported:
Sally Yates gets hero’s welcome at Atlanta race panel discussion:

Posted by Mary Chastain on February 15, 2017 28 Comments
Oh, Democrats. Why can't you look in the mirror and just admit your problem? The Democrats suffered a massive blow when President Donald Trump crushed Hillary Clinton in the presidential Electoral College race. But Democrats also suffered in Congress and at the state level. To fix that, the party wants to fight over the next round of redistricting and loosen the voting laws. Guess who will guide the push? Former President Barack Obama and his former Attorney General Eric Holder!

Posted by Jonathan Levin on January 20, 2016 22 Comments
The Judiciary is taking a first, timid step toward interceding on Congress's side and against executive over-reach regarding the Operation Fast and Furious. On Tuesday, Judge Amy Berman Jackson of the United States District Court for the District of Columbia ruled that the Department of Justice must hand over to Congress documents pertaining to "Fast and Furious," despite President Obama's assertion of the "deliberative process" privilege.

Background

Fast and Furious was an operation by the Bureau of Alcohol, Tobacco and Firearms ("ATF") meant to identify Mexican gun-runners by intentionally putting firearms into the stream of illegal commerce and tracking their progress to roll-up the participants.  Instead, Fast and Furious inadvertently released thousands of firearms into criminal hands, some of which were connected to the murder of a U.S. Border Patrol agent in 2010.

Posted by Fuzzy Slippers on August 11, 2015 6 Comments
In no small part because this administration seems to dish up scandal and outrage on a seemingly weekly basis, the Fast and Furious scandal has yet to be fully investigated or resolved.  After Eric Holder cleared Eric Holder of any wrong-doing, and the mainstream media outlets began reporting, erroneously, that Fast and Furious was the same program that began under President Bush as Project Gunrunner, the story sort of faded from the public eye. Apparently intended by the Obama administration to, at least in part, serve as a rationale for more gun control regulations in the U.S., Operation Fast in Furious is back in this news. Last week, it was reported that the Garland, Texas terrorist, for whose acts ISIS claimed credit, purchased a gun through a Fast and Furious gun shop in 2010. And this week, we learn that the man charged in the murder of Border Patrol agent Brian Terry has received a plea deal from the U. S. government.  KVOA in Tuscon reports:
One of the men charged in the murder of U.S. Border Patrol agent Brian Terry pleaded guilty to one count of murder, Monday morning. Once a potential candidate for the death penalty after the murder of the agent, the drawn up plea deal now states that the U.S. and the defendant will ask for 360 months imprisonment, with credit for time served since his arrest in October 2012.

Posted by Kemberlee Kaye on March 06, 2015 25 Comments
Allegations of corruption and scandal have swarmed New Jersey Democratic Senator Menendez for years now. That the DOJ waited until now to pull the trigger is... interesting. Just four days ago, Menendez said he would only support a deal that dismantled Iran's nuclear program, according to NJ.com:
"As long as I have an ounce of fight left in me, as long as I have a vote and a say and a chance to protect the interests of Israel, the region, and the national security interests of the United States, Iran will never have a pathway to a weapon," Menendez said, bringing the delegates to their feet. "It will never threaten Israel or its neighbors, and it will never be in a position to start a nuclear arms race in the Middle East. Not on my watch." Menendez is one of the most outspoken supporters of increasing sanctions if negotiations fail to curb Iran's nuclear program. The issue has pitted Menendez against President Obama, a fellow Democrat. Obama has threatened to veto new sanctions legislation, saying it would give Iran an excuse to walk away from negotiations and leave a military solution as the only option to prevent the Islamic Republic from developing nuclear weapons.
Though it's worth noting Menendez has a history of supporting AIPAC, and fighting with the White House over the proper course of action on Iran. Today, CNN reports the DOJ is moving forward with criminal corruption charges:
Washington (CNN)The Justice Department is preparing to bring criminal corruption charges against New Jersey Sen. Robert Menendez, a Democrat, alleging he used his Senate office to push the business interests of a Democratic donor and friend in exchange for gifts. People briefed on the case say Attorney General Eric Holder has signed off on prosecutors' request to proceed with charges, CNN has learned exclusively. An announcement could come within weeks. Prosecutors are under pressure in part because of the statute of limitation on some of the allegations. The case could pose a high-profile test of the Justice Department's ability to prosecute sitting lawmakers, having already spawned a legal battle over whether key evidence the government has gathered is protected by the Constitution's Speech and Debate clause.

Posted by Mike LaChance on February 18, 2015 13 Comments
Outgoing attorney general Eric Holder made a stunning assertion at the National Press Club yesterday by suggesting that America isn't at a time of war. The American people, who see the Islamic radicals of ISIS beheading Christians and burning people alive probably think differently. Tim Mak of The Daily Beast reported:
Eric Holder: ‘We’re Not at a Time of War’ U.S. and coalition forces have conducted nearly 2,300 airstrikes hitting more than 4,800 targets in Iraq and Syria since August 2014, as part of the ongoing campaign to defeat the so-called Islamic State. Three service members have already perished in these ongoing operations against ISIS. But according to Attorney General Eric Holder, “we're not at a time of war.” The comments, during a luncheon at the National Press Club, came just days after the White House sent Congressional leaders a draft bill that would authorize the continuation of the war against ISIS in Iraq and Syria. President Obama declared an end to the ‘Global War on Terror’ in 2013, but that was before the emergence of the so-called Islamic State and the operation the president launched to fight them. Last week, the White House proposed a war authorization that set out no geographical limits on the use against ISIS and its affiliated groups, which was criticized by some of the left who said it allowed the president too much leeway to conduct military action. Holder made the remarks Tuesday while responding to a question about the Department of Justice's prosecution of journalists over national security matters.
Here's a clip of Holder's appearance.
You'll notice that while Holder was agitated over questions about the administration's refusal to say radical Islam, he was quite comfortable naming their biggest perceived threat: FOX News.

Posted by Mike LaChance on February 04, 2015 20 Comments
The Senate confirmation hearings for Loretta Lynch have been in the news for over a week and for good reason. As Eric Holder prepares to exit the Department of Justice, many people want to be sure America doesn't end up with another Eric Holder. Lynch has many positive qualities but as Professor Jacobson recently pointed out, not being Eric Holder is not enough. Yesterday, Holder held a press conference in which he insisted that he hasn't politicized the Department of Justice. Josh Feldman of Mediaite reported:
Holder Fires Back at GOP: ‘There’s Been No Politicization of This Justice Department’ Last week the Senate held confirmation hearings for Attorney General nominee Loretta Lynch, but a lot of the questions from Republicans centered around the current occupant of that office, with one even going so far as to ask Lynch if she is Eric Holder. Today, Holder himself held a news conference in which he started out by saying, “For the record, I am Eric Holder.” From there, the attorney general went after Republican critics in possibly one of the last (if not the last) press conferences of his tenure leading the DOJ. He said it’s “a little irresponsible for people on the hill to say that policy differences that we have with them… can be characterized as political.” Holder insisted that “there’s been no politicization of this Justice Department” and said such an accusation is “totally inconsistent with the facts.”
Here's a video of Holder's statement:
World News Videos | ABC World News It's good to know Mr. Holder thinks so highly of his stewardship of American Justice.

Posted by William A. Jacobson on January 29, 2015 35 Comments
It pains me to come to the conclusion that Loretta Lynch should not be confirmed as our next Attorney General. As I wrote before, Lynch was a law school classmate. While we were not "friends," we were acquaintances. I have only good memories of her, and it does not surprise me that she has accomplished so much. Lynch is not Eric Holder, in so many ways. Holder was the consummate political being, who leaves a history of shattered constitutional and other principles in his wake.  Lynch assured the Judiciary Committee that she could say "No" to a president. http://youtu.be/mH8iSJvN3D0 That sequence, and so much of the testimony at the confirmation hearings, was more about Holder than Lynch. And it was devastating. Jonathan Turley, who supports Lynch, gave another stinging indictment of the Obama-Holder constitutional legacy:

Posted by William A. Jacobson on January 12, 2015 22 Comments
It was bad enough that none of President Obama, Vice President Biden or Secretary of State Kerry attended Sunday's Solidarity March in Paris, attended by dozens of world leaders. It would have been the right thing for Obama to attend. There was enough security to protect obvious targets like the French President, the German Chancellor and the Israeli Prime Minister. There is no indication that security kept Obama away. But what about Biden, Kerry, or some other very senior official? France is a key U.S. ally. The attacks in Paris were carried out by followers of groups that also kill Americans. Having at least one senior official, even if not the President, in attendance would have been a no-brainer. But not with this President. The attacks in Paris did not fit a narrative the administration wants to address. The problem was not security, but that the Solidarity March was against not just terrorism, but radical Islam and its suppression of free speech and the press through ideological and physical intimidation. That apparently was too much for a President who considers that we are the source of the problem through past behavior. Eric Holder was in Paris for a security conference. There were rumors that he would represent the U.S. at the march. Surely that would have been an easy, though imperfect, solution. I watched the march online via live video stream while covering it for Legal Insurrection. I took numerous screen shots of the leaders lined up. I didn't see Holder anywhere. Paris National Unity Rally Netanyahu others News reports confirm Holder did not attend. Then I flipped channels on the TV to see who was covering the march, and found Holder being interviewed by Chuck Todd on Meet the Press.

Posted by William A. Jacobson on November 12, 2014 16 Comments
I appeared this afternoon during the National Review post-election cruise on a panel with: The panel topic was The State of American Justice. Unfortunately, there is no audio or video I can link to. But take my word for it, it was a good discussion. We started out with a discussion of whether the newly Republican Senate should reinstate the filibuster rule for non-Supreme Court nominees. You will recall that the Senate Democrats eliminated the filibuster in November 2013 (went "nuclear") at the urging of Obama allowing Obama to pack the courts with virtually any nominee he wants.  The discussion centered around a prior presentation by former Senator Jon Kyl who (according to reports, I didn't hear it) advocated a return to the longstanding filibuster tradition which serves the Senate and the people well. The clear consensus on the panel, articulated at length by Whelan, was NO UNILATERAL DISARMAMENT. Harry Reid and the Democrats need to be taught a lesson -- and that lesson should not be that they get to change the rules when it suits them, only to regain the benefit when Republicans take over.  This will be a fight early next year, and we need to bring some backbone to Senate Republicans.  The rule change doesn't so much matter now, but in the event a Republican wins the presidency in 2016, why should Republicans not get the free pass Obama gets?

Posted by William A. Jacobson on November 08, 2014 32 Comments
As expected, on Saturday Obama nominated Loretta Lynch to replace Eric Holder as Attorney General. I'm not sure how many more times I'll make this disclosure -- but for the second time I'll note that I'm biased in favor of my law school classmate. I remember Loretta as a very nice person, not something that can be said about some of my classmates. Loretta's career, to the extent I've followed it, seems pretty straight forward as a prosecutor:
President Clinton first appointed Lynch to be a U.S. Attorney in 1999. She left for private practice in 2001 before being appointed a second time by Obama in 2010. In her years in the post, Lynch's office in Brooklyn has handled a wide-ranging caseload — cutting-edge cybercrime, high-stakes financial fraud and dramatic Mafia busts straight out of a Martin Scorsese movie. The office also helped convict the masterminds of the thwarted al Qaeda plot to attack the New York subway system. This year, Lynch's office announced it would indict Rep. Michael Grimm, R-N.Y., on federal fraud, tax evasion and perjury charges. Grimm, who won his re-election bid Tuesday, has pleaded not guilty. Lynch has also prosecuted several Democratic public officials, including State Sen. John L. Sampson, former State Sen. Pedro Espada Jr. and Assemblyman William F. Boyland Jr.

Posted by William A. Jacobson on November 07, 2014 34 Comments
Update 7 p.m.: It's official: In a second trail-blazing pick for the nation's top law enforcement officer, President Barack Obama intends to nominate the federal prosecutor in Brooklyn, New York, to become the next attorney general and the first black woman to lead the Justice Department. Obama's spokesman said Friday that he will announce his selection of Loretta Lynch from the White House on Saturday. If confirmed by the Senate, she would replace Eric Holder, who announced his resignation in September after serving as the nation's first black attorney general. --------------- I admit, I'm prejudiced in favor of Loretta Lynch, my law school classmate and then good acquaintance. Other than a brief encounter at a reunion, I have not had contact with her since 1984, but I've followed her career.  While there certainly is more research to be done, I never viewed her as politicized in her conduct as U.S. Attorney for the Eastern District of New York. It is reported she will be nominated to replace Eric Holder:

Posted by Andrew Branca on November 01, 2014 7 Comments
The Washington Post is reporting that the Department of Justice have found little legal basis on which to bring civil rights charges over the August 9 shooting of the black Mike Brown by white police officer Darren Wilson.  The reason:  the actual evidence simply doesn't support such a case.
Justice Department investigators have all but concluded they do not have a strong enough case to bring civil rights charges against Darren Wilson, the white police officer who shot and killed an unarmed black teenager in Ferguson, Mo., law enforcement officials said.... “The evidence at this point does not support civil rights charges against Officer Wilson,” said one person briefed on the investigation, who spoke on the condition of anonymity because of the sensitivity of the case. Justice Department officials are loath to acknowledge publicly that their case cannot now meet the high legal threshold for a successful civil rights prosecution. The timing is sensitive: Tensions are high in greater St. Louis as people await the results of a grand jury’s review of the case.
This information is based on interviews with DOJ investigators on condition of anonymity, presumably to avoid punishment by their superiors.  On the record, Brian Fallon, a DOJ spokesman, maintains that the Federal investigation is ongoing, and the Post reporting is based on "idle speculation."

Posted by Mike LaChance on September 27, 2014 8 Comments
Sharyl Attkisson is one of the few journalists working today who clearly puts her profession above partisan politics. She recently appeared on WMAL radio in Washington, DC to discuss the Fast and Furious scandal and others as well as the media's refusal to aggressively report these stories. From Larry O'Connor at the Washington Free Beacon:
Attkisson on Media Fast and Furious Coverage: ‘We Should All Be Embarrassed’ Investigative journalist Sharyl Attkisson thinks the media “should all be embarrassed” for not holding the Obama administration and the Holder Justice Department accountable for their lack of transparency in the Fast and Furious gun walking scandal. Appearing on WMAL radio in Washington, D.C., Friday morning, Attkisson provided a detailed account of Thursday’s court decision forcing the DOJ to finally reveal a list of documents the administration has concealed from Congress via a claim of executive privilege. The court order released on the same day as Holder’s surprise announcement of his resignation has led many to speculate that, perhaps, the two stories are not unrelated. When I asked Attkisson about the fact that the Holder has been forced to reveal the documents only after a FOIA request from the non-profit advocacy group Judicial Watch (the same group that successfully compelled similar disclosures in the Benghazi scandal as well as the IRS scandal) Attkisson turned her focus on the media’s apparent abdication of their traditional investigative role as the country’s Fourth Estate.
Here's the audio:

Posted by Amy Miller on September 26, 2014 42 Comments
As we count down Eric Holder's greatest hits, the first image that comes to the mind of many Americans isn't that of Brian Terry, or of Black Panthers outside polling places, but of a screaming child staring down the barrel of a rifle. On April 22, 2000, just before dawn, U.S federal agents executed a full-blown raid on the home of five year old Elian Gonzalez, seizing the child and setting in motion procedures to send Elian and his father back to Cuba. I was only a freshman in high school when this happened, but I remember seeing news stories about what it meant to be a refugee from Cuba, and wondering why in the world the government would ignore everything that this kid had been through. Why were they taking him away from his family? Why was there so much yelling? Why were they pointing a gun at a kid who was younger than my baby cousin? Why? This is Eric Holder's legacy. The Elian Gonzalez case predates Holder's tenure as Attorney General, but even before his appointment to the DoJ, Holder displayed a stunning lack of accountability and a tone deaf attitude toward those who dared to question the decisions of the Department of Justice:

Posted by Mike LaChance on September 26, 2014 17 Comments
Upon hearing the news of Eric Holder's resignation from the Department of Justice yesterday, NBC's Chuck Todd took to the airwaves and claimed that Holder is a very non-political person. Media bias is one thing. The utter dismissal of reality is another. Brendan Bordelon of National Review has the details:
NBC’s Chuck Todd: Self-Professed Activist Eric Holder ‘a Very Non-Political Person’ The host of NBC’s Meet the Press considers resigning attorney general Eric Holder — who once proudly declared himself an “activist attorney general,” called America a “nation of cowards” about race and took heat from his own White House for pursuing politically sensitive initiatives –  ”a very non-political person.” “He did a lot of the tough stuff that you would say, ‘Hey, the attorney general has to do tough stuff, this is not a forgiving job, you have to do tough stuff,’” Chuck Todd told MSNBC’s Tamron Hall on Thursday. “But, what’s interesting about him, he is a very non-political person. And I think people used to mistakenly think that this guy was this long-time political operative who happened to be an attorney general. That’s not him at all.”
Todd's declaration set off a firestorm on Twitter.