Eric Holder Addresses the Constitution Project
I happened to get lost, end up in DC, and show up to cover the Constitution Project’s annual dinner, particularly Attorney General Eric Holder’s keynote (see here for the [!]Breaking [!]News on that front).
Before I get into that, I just wanted to note how gratifying it is to be in a crowd of DC folks who fight for things like defendant rights and rule of law. The two awardees were George Kendall and Thomas Pickering (Alberto Mora introduced Pickering).
As Dahlia Lithwick said in her Emcee gab, these folks are the heros.
Here’s my liveblog of his talk. It sure felt like Holder’s apologia for military commissions to a bunch of civil libertarians. When you come before a bunch of people who believe in civilian trials and spend most of your time trying to push the benefits of both civilian trials and military commissions, it does not bode well.
After thanking the Constitution Project for its support of expanding access to legal services, Holder addresses his testimony before the Senate Judiciary Committee. [here’s his testimony]
Protecting America’s safety, America’s interests, and America’s values by adhering to the rule of law. We are a nation at war. Go to bed each night thinking about how best to keep our people safe. I am determined to win this war. I know we can. We won’t win by adhering to a rigid ideology or a narrow approach. But we are also a nation that lives under rule of law. Just as on the battlefield, our government must use all the tools we can to win the war.
Scoffs at those who say Obama Administration has continued policy of Bush Admin.
Calls military commissions and civilian trials “weapons against those who choose to do us harm.”
Differences between the two fora.
Proposal by some to do away with civilian courts, not realistic. Without civilian authority, we would lose one of our key weapons, It would deny us means to punish guilty, and it would be disservice to history of civilian justice system. No question that if such a plan advances it would harm our national security.
Just look at what civilian courts have achieved.
Intelligence Undie bomber has provided has been actionable.
Names the successes:
- Najibullah Zazi
- Undie Bomber
- David Headley
- Aafia Siddiqui
In some cases, military commissions appropriate. Congress has taken extraordinary steps to improve commissions since they were first introduced. MCs reflect realities of battlefield. I have faith in our MCs, which is why I have referred 6 cases. There is no inherent contradiction between referring cases while at the same time prosecuting terrorists in civilian courts.
Commissions only have jurisdiction over AQ and affiliated groups. Not Hamas, not FARC. Not against Americans. MCs can only prosecute some violations of rules of law. Civilian prosecutors can also make other charges: firearms, false statements. Terrorism plots can be disrupted, while still collecting information. Civilian courts can provide just punishment for variety of bad acts.
Our civilian courts have 200 years of precedence. They have a reliability that gives them credibility.
Describes preference of allies to cooperate with civilian trials, says he hopes that as MCs get a better reputation, allies will cooperate on MCs too.
Debate has meant to scare rather than educate.
Holder picks up his defense of prosecutors who serve honorably. They deserve our gratitude and our respect.
Next time, spew alert please. *g*
If you didn’t see it yet:
http://www.nytimes.com/2010/04/16/us/16tapes.html?src=twr
C.I.A. Leader Backed Destroying Tapes in ’05
WASHINGTON — Porter J. Goss, the former director of the Central Intelligence Agency, in 2005 approved of the decision by one of his top aides to destroy dozens of videotapes documenting the brutal interrogation of two detainees, according to internal C.I.A. documents released Thursday.
…..t was previously known that Mr. Goss had been told by his aides in November 2005 that the tapes had been destroyed. But the documents released Thursday provide the most detailed glimpse yet of the deliberations inside the C.I.A surrounding the destroyed tapes, and of the concern among officials at the spy agency that the decision might put the C.I.A. in legal jeopardy.
Jiminy crickets! I really wish the NYT (and all the other MSM miscreants) would come down from their friggin’ high horses and provide links to the actual source material.
There’s nothing (yet) over at the ACLU, but I’d guess that some on the ACLU’s BFF mailing list might have already gotten a heads-up.
Those will be interesting reading when we get them.
In the meantime, I’ve done a little browsing through documents you linked on the previous thread on the ACLU Bagram FOIA case. From page 32 of 39 in the “Government Reply Memo” (pdf), we have this nugget:
Nice. In order to continue trying to cover up their widespread detention of innocent civilians so that they could construct a mosaic of information about what was going on, they invoke the defense that they can’t describe where, when and under what conditions they detained prisoners because….the enemy could construct a mosaic of what they were doing.
Grrrr.
I still can’t believe that both the DOJ’s (39 page PDF) and CIA’s (10 page PDF) responses continue with their lame insistence that the CIA can neither confirm or deny that they ship folks to Bagram, nor that they interrogate folks at Bagram because…wait for it…al Qaeda and the Taliban might figure out that the CIA does this.
It would be laughable hearing this from a two-year old, but not so much from our supposedly grownup government.
Please see my comment @11 above.
LOL!
I was expecting Captain Renault, but that Monty Python piece works even better.
I’m shocked, shocked, that there’s gambling going on here.
Do they really, seriously, think that the Taliban and Al Qaeda are that stupid? After eight effing years of this?
If they really think that, then they’re too stupid to be doing that (or any other) job that requires more sense than a two-year-old.
They’re not hiding this from either terrorist organization, they’re hiding it because of the illegality of the programs in question.
I dreamed last night that they resorted to this because it was the last excuse they had. If only!
I’m guessing you’ll want to take a gander at this Los Angeles Times piece as you continue your fine Seminal diary work:
It shivers me timbers that OUR DOJ can talk in such blase fashion about holding people indefinitely without trial as if it were an entirely normal thing to do. Where are the howls of protest? We have sunk so far…
Bob in AZ
Whoa!
Well, obviously, this news is completely unexpected.
What do you make (or not) of this from the NYT article:
As far as I know, this is the first instance where a sitting Grand Jury has been mentioned.
??? This help???
I’ve got a memory like Swiss cheese, so if I ever did read that previously, I don’t remember it now. *g*
Ah, but you must learn the trick of making your memory selective–and always in your favor. That kind of takes the edge off the losses.
weird. I did not see the ACLU docs on this. Also, sorry for the OT
I like the Constitution Project, I like Alberto Mora, I like George Kendall… but Thomas Pickering!? Please…
Memories are so short… this from Democracy Now! in 1998:
More here
Pickering has also been a major diplomatic figure in the stepped up intervention in Columbia, going back to the Albright-Clinton years.
This sure smells like the “help” Rahm and the White House offered to the supposed politically naive Holder.
Shorter Rahmbo: “You don’t have to believe. Simply saying it will make it so. Believe me!”
Thanks so much for covering Holder’s appearance at the Constitution Project’s dinner, EW. I guess I’m impossibly ignorant and dense, but I didn’t realize trials were supposed to be weapons. I thought they were deeply based in our legal traditions, leading to appropriate action against those who cause harm. Trials surely have been used as weapons (Chicago Seven comes to my old mind), but I always thought that was shameful. I guess we’re entering the Era without Shame in terms of these matters.
I figure Holder was lucky to have run into Attackerman and not yrself. Now, that I would really like to have witnessed.
bmaz @11 ahahaha!! You should do a post with that clip and your comment
By the way, regarding Holder, did anyone catch this from the WaPo story regarding his appearance before the Senate Judiciary Committee? This sounds like Rahm. Not sure who the other officials are.
.
It’s about cosmetics, isn’t it? Maintain a certain appearance and behavior, and you’re part of the in-crowd. Reminds me of young teens, who run around together in one big support group.
Jeez, it isn’t Holder who has the “tin ear.” Does Rahm have any idea how much his “pragmatism” is loathed by real Democrats?
Yeah, I know, short answer: he doesn’t give a —- anyway.
Thanks for the report. Disappointing, especially after the Senate hearing, which (what I heard of it) was somewhat encouraging.
Who would Rahm prefer at DoJ instead of Holder? Would he bring back Goodling, Sampson and ‘Fredo? Or would he give us Cass Sunstein, imitating Ashcroft by covering Justice’s naked statues while he covers the executive branch’s continuing grab for naked power?
I wonder if they would just install Lindsey Graham in there. That would probably make Rahm very happy
Rahm complaining that Holder has a tin ear is like the Vogons complaining about Robert Frost’s poetry.
OK. Still no docs from the ACLU. But here’s some more from the WaPo and one of the reasons why Dusty Foggo has been speaking to Durham (although I think it’s for other reasons than what’s presented here):
Seriously?
Froomkin:
“Attorney General Eric Holder, whose decision to try 9/11 terror suspects in criminal court appears likely to be overruled by the White House political staff…”
http://www.huffingtonpost.com/2010/04/15/holder-picks-wrong-crowd_n_539931.html
I know this is HuffPost, but it is Froomkin….
Can somebody enlighten my just how anybody in the executive, let alone “political staff”, can “overrule” the US AG on decisions such as whom to investigate, when to prosecute, and which venue to choose for the trial?
For a year now we have witnessed the spectable of POTUS and USAG colluding in what to me is a crass violation of the “independence” of the DOJ and the USAG in particular. This started with the “pre-emptive amnesty” speech Obama gave at CIA HQ, and has been unfolding in all its splendor on the KSM trial venue issue. Holder does not seem to be any more concerned than anybody else. Am I missing something about the USAG office and USDOJ privileges and responsibilities?
My understanding is Obama does not get to decide these issues, and his handpicked political stooges do not get to decide either, except for the stooge that happens to be the USAG. Holder swore an oath to defend constitution and to uphold the law, not to act out POTUS decisions. Against these responsibilities, Holder seems as derelict as AG AGonzo when it comes to professional ethics, but much more damaging to the nation. Either Holder is a sock-puppet that has Obama’s leaden fist so far up his arse he can kiss the velvet glove without anybody noticing, or he is an independent actor, despicable in his own right. Either way, there is nothing redeeming about his conduct.
In my view, both Obama and Holder have violated their oath of office repeatedly on this – focused on defending past and present executive wrongdoing against “litigation and legislation”, looking forward and backward to prosecute whistleblowers while burying people like Siegelman and suffocating justice with the shroud of state secrets – and that is just domestic, felonies committed by and against US citizens within the US.
If rotten, hollow men such as these had been in charge following Watergate, I would expect to see Nixon awarded a third term, and Calley would probably make general before Colin Powell.
Holding this meeting at the Mayflower is like making a religious pilgrimage to Vegas. It’s one block from Lobbyist Central on K Street; both frequently host the priciest members of the world’s second oldest profession.
I know I have said it before, but I have to say it again. This was Eric Holder back in 2008 where he was the keynote speaker at another event for a “constitution” related organization.
A good quote that bears repeating!
Bob in AZ
The fact that Durham’s investigation is looking under at least some of the right rocks is encouraging…a tad late for the sanity of many of the people involved or affected but, hey, it is continuing…
I don’t recall ever seeing this reported anywhere. Does anyone remember if this had been reported before? This from an AP story on the latest regarding the torture tapes:
I assume “documents” refers to these latest documents that were released.
I meant specifically that the tapes showed procedures not being followed. I don’t recall seeing that before.
EW has made that point many times. But it sounds different coming from within the Government.
Bob in AZ
Wow! What a mess.
“Jose Rodriguez…worried the 92 tapes would be “devastating” to the CIA if they ever surfaced…approved the destruction of the tapes.
Rodriguez told Goss AND OTHERS he “felt it was extremely important to destroy the tapes and that if there was any heat, he would take it,” according to a November 2005 e-mail. Goss laughed, according to the e-mail, and said he’d be the one to take the heat. “PG, however, agreed with the decision.”
It appears that this is a memo of a meeting by an attendee other than Goss or Rodriguez.
“The author’s name is blacked out. Intelligence officials have always asserted Goss did not approve of the destruction, and was angry to find out about it. However, Rodriguez’s lawyer has disputed that and this email suggests that Rodriguez may have been correct.
The e-mails show Harriet Miers, and her CIA counterpart, John Rizzo, only learned the tapes were destroyed two days afterwards and were both angry.
“Rizzo is clearly upset because he was on the hook to notify Harriet Miers of the status of the tapes because it was she who had asked to be advised before any action was taken,” reads a November 2005 e-mail from an unidentified CIA officer to the agency’s No. 3 official, Kyle “Dusty” Foggo. “Apparently, Rizzo called Harriet this afternoon and she was livid.”
http://www.kansascity.com/2010/04/15/1880516/white-house-cia-lawyers-angry.html
Harriet Miers livid? Scary stuff.
Baltasar Garzon fights on.
jasonleopold@31
My belief is that Holder still wants accountabilty -and there is a lot more going on then just the in-fighting with Rahm . Now if Porter Goss & the Gosslings have been implicated in the illegal destruction of the CIA torture memo this only reinforces my belief .
I also still have hope and a high expectation that the Durham effort will hold wrong doers accountable .
And I also still beleve that KSM will be tried on Governor’s Island per Col Lang’s suggestion.
Did anyone ask Holder why DoJ “defaulted in response to letters rogatory seeking clarification of issues surrounding the incidents of torture in which the Justice Department itself was directly involved”?
See Scott Horton’s coverage, or my mention, in relation to legal reprisals being made against Spanish Judge Garzon.
That is a no brainer; DOJ did not want to undertake any act which could be construed as recognizing or accepting the jurisdiction of the Spanish Court and, quite frankly, I don’t blame them on that.
And, yet, the U.S. was willing to accept the principle of universal jurisdiction in the case of Chuckie Taylor.
“I don’t blame them on that.”
Why not? Personally, I’m with this one
http://seminal.firedoglake.com/diary/4853
Why not?? Because it is an infringement upon the sovereignty of the US and permits too many countries, with too many justice systems with unknown or questionable stability and due process, in a position to attach and prosecute US citizens; that is why. The entire legal world does not singularly revolve around these particular cases. If the US wants to participate in UN justice functions, it can and has agreed to do so based upon written treaties and charters formally agreed to and binding the process. It could choose to do so with respect to the ICC (International Criminal Court) as well, but has not to date. That is fine; howver blithely accepting the right of any country to prosecute and convict US citizens on crimes not having sufficient locus to that country is an absolutely horrid idea and would lead to all kinds of problems.
Jeff, that is not really correct at all; irrespective of how the cited journal article described it, the US anti-torture is not necessarily a true universal jurisdiction provision, and Taylor was attached because he was a US citizen and the claimed jurisdiction for charging him and trying him in an US Article III court was stated in the complaint and by the court to flow from his citizenship.
Crossposting a comment I just left on Jim White’s Seminal diary. Marcy, Jason, bmaz, everybody, please be aware of this and listen to what Jesse Trentadue has to say about Eric Holder covering up Oklahoma City bombing info from the courts and from Congress when he was in the Clinton DOJ, over on antiwar radio.com. This just screams out to be noticed, especially now. My comment:
Thanks
ABC News did link to 2 emails with explanation. We have to get used to the fact that “emptywheel” and others Kick Ass, and that without her work, and other rogue journalists, we’d know nothing. I am deeply appreciative of their efforts. (not to mention the detailed examination and analysis they provide)