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Wednesday, November 19, 2008 12:00 AM

Preliminary facts and thoughts about Eric Holder

Is Obama's likely nominee for Attorney General an encouraging sign for advocates of the Constitution and the rule of law?

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  • Wednesday, November 19, 2008 06:32 AM

    I just can't get there, Glenn

    While I join you in lauding the comments Holder made in June, those comments just can't negate the bad things I'm seeing about Holder.

    I find the Chiquita work to be much more troubling than you. While I agree that "Attempts to criticize a lawyer for representing unsavory or even evil clients are inherently illegitimate and wrong -- period.", I can't get all the way to "Holder is no more tainted by his defense of Chiquita than lawyers who defend accused terrorists at Guantanamo are tainted by that."

    If Holder had been defending individual Chiquita management members in murder trials and assuring that they were accorded their rights, it would be much closer to the roles played by attorneys representing Guantanamo detainees. Instead, it's my understanding that Holder has used his position as a former high level DOJ official essentially to broker a deal that got the entire corporation off the hook by paying fines rather than facing charges for direct payments to death squads that murdered union leaders who were trying to organize Chiquita employees. This wasn't assuring that Chiquita's rights were protected. This looks more to me like allowing Chiquita to murder with impunity and taking advantage of Washington insider access to achieve it. That is precisely the toxic type of absence of consequences for the "ruling class" that has fueled much of the righteous anger from you and many of your commenters here.

    This feels eerily similar to the Mukasey nomination all over again. While Mukasey had some qualities that made him appear desirable, his acquiescence to Bush had my radar up. I feared that was the case when he was announced and he then made it perfectly clear in his confirmation hearing when he refused to answer whether waterboarding is torture.

    Obama can do better. bmaz has made a strong case for Janet Napolitano and I find her to be a much better candidate.

    Link: http://tinyurl.com/57cnaa

    He also made the comment today (without a link) that Holder was divisive among rank and file DOJ employees during his first stint there. Given the devastation this department has suffered, it needs a leader who will get the entire department moving in one direction from the start. I don't think Holder can get there.

    I'm calling Pat Leahy's office today and asking him to approach Obama and ask for a better nominee for AG. Since Leahy has already praised Holder's nomination, that is likely a fool's errand, but at the very least, if we show some resistance to Holder now, maybe Leahy will structure the confirmation hearings to stake out operating principles that will tamp down the concerns many of us have.

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