While president-elect Obama appears to be moving to the center
on economic policies, it is important to keep our eyes on the
attorney general position because the legal system is the vehicle
through which Obama plans to really shift the nation left.
Eric Holder, who gained his law degree from Columbia Law School
in New York City in 1976, has been nominated by Obama to be the
next US attorney general. He would be the first black in the post.
Holder is of Caribbean descent.
Holder first was nominated to serve as a judge of the superior
court of the District of Columbia by Ronald Reagan in 1988. In
1993, Holder was nominated by Bill Clinton as US attorney for the
District of Columbia. He became deputy attorney general of the
United States, the #2 post at the Justice Department, in 1997. He
briefly served as acting attorney general until John Ashcroft was
approved by the senate in 2001 to serve as president George W.
Bush’s first attorney general.
The office of the United States attorney general is described as
the head of the Department of Justice, chief law enforcement
officer of the United States and chief lawyer of the US government.
The office was established under the Judiciary Act of 1789 which
says that the original duties of attorney general were "to
prosecute and conduct all suits in the Supreme Court in which the
United States shall be concerned, and to give his advice and
opinion upon questions of law when required by the president of the
United States, or when requested by the heads of any of the
departments.”
Holder’s nomination should give us pause because the AG acts as
the de facto model for the nation’s jurisprudence. But Holder has
been involved in four controversial cases since his rise to
national prominence in 1997, each of which gives an indication
where he might take our legal system. None is encouraging. Below
are the four cases, with a comment following each.
1) The most famous case involved Elian Gonzalez, the Cuban boy
who was brought to Florida in November 1999 after his mother and 10
others had drowned during their boat trip to freedom. Elian had
been set in an inner tube and was picked up by American
fishermen.
After a prolonged legal battle, Elian was seized at gunpoint by
immigration officials from his great uncle’s home in Miami and
eventually returned to his father and to Cuba.
Below is an interview involving Holder from Fox news on April
23, 2000. Jeff Asman is talking to Fox judicial analyst judge
Andrew Napolitano after asylum had been applied for in Elian’s name
by his guardian, his great uncle Lazaro Gonzalez:
Napolitano: The order issued by the 11th Circuit Court
of Appeals four days ago .... said once the INS chooses the
guardian, and the INS chose Lazaro Gonzalez to be the guardian, and
an application for asylum has been made by the guardian, the INS
can not change the guardian and that’s exactly what they did here."
Asman: "So is this executive overreach?"
Napolitano: "This is more than executive overreach. This
is contempt of the circuit court of appeals order. This is a high
class kidnapping is what it is, sanctioned by no law, sanctioned by
no judge..."
In an interview later that morning, Napolitano questioned Eric
Holder:
Napolitano: Tell me, Mr. Holder, why did you not get a
court order authorizing you to go in and get the boy?
Holder: Because we didn’t need a court order. INS can do
this on its own. Napolitano: You know that a court order
would have given you the cloak of respectability to have seized the
boy. Holder: We didn’t need an order. Napolitano:
Then why did you ask the 11th Circuit Court of Appeals for such an
order if you didn’t need one? Holder: [Silence]
Napolitano: The fact is, for the first time in history you
have taken a child from his residence at gunpoint to enforce your
custody position, even though you did not have an order authorizing
it.
Earlier in that interview:
Napolitano: When is the last time a boy, a child, was
taken at the point of a gun without an order of a judge.
Unprecedented in American history." Holder: "He was not
taken at the point of a gun." Napolitano: "We have a
photograph showing he was taken at the point of a gun." (Editorial
note: The famous photograph of an armed soldier from the US Border
Patrol’s BORTAC unit was taken by Alan Diaz and won a Pulitzer
Prize for Breaking News Photography.) Holder: "They were
armed agents who went in there who acted very sensitively..."
Two weeks before the raid that seized Elian, NBC’s Tim Russert
asked Holder: "You wouldn't send a SWAT team in the dark of night
to kidnap the child, in effect?"
Holder said: "No, we don't expect anything like that to
happen."
When the INS did exactly that Russert asked Holder in a later
interview: "Why such a dramatic change in position?"
Holder responded: "I'm not sure I'd call it a dramatic change.
We waited 'til five in the morning, just before dawn." (of April
22, 2000)
Meanwhile Obama’s nominee as White House Counsel, Greg Craig,
was the lawyer who represented Elian Gonzalez’s father, who was
living in Cuba at the time and still is. Elian eventually was
returned to his father and then returned to Cuba with his
father.
Comment: So for once, liberals sided with the
father in a custody case, but only since the father lived in a
communist nation.
Those Holder interviews show a disrespect for law. And this type
of uncertainty and concocted law really is not what we should
expect of an attorney general. That Holder would be silent when
Napolitano asked “Then why did you ask the 11th Circuit Court of
Appeals for such an order if you didn’t need one?” shows that
Holder does not have the ability to interpret the law and make a
case for sound legal actions.
2) Holder was the driving force behind Bill Clinton’s pardon of
16 members of the communist FALN Puerto Rican terrorist group which
executed an estimated 146 bombings and a string of armed robberies
in the US and Puerto Rico between 1974 and 1983, killing six and
wounding many. Their attacks included the infamous January 24, 1975
bombing at Fraunces Tavern in New York City which was populated by
people out for a meal. The bomb killed four and injured more than
50. FALN took responsibility.
The terrorists in that case were belligerent and unrepentant.
Ida Rodriguez told the judge, “You say we have no remorse. You’re
right. … Your jails and your long sentences will not frighten
us.”
After 18 years in prison, eight of the Fraunces Tavern
terrorists were pardoned by Bill Clinton. Clinton’s press people
claimed that the terrorists hurt no one, which is untrue. Clinton
issued a pardon on August 11, 1999 for a total of 16 terrorists. He
did this for one reason alone: To please New York City’s big Puerto
Rican electorate in anticipation of Hillary’s first run for US
senate in 2000.
As deputy attorney general at the time, Eric Holder had to sign
off on all clemency pleas that went to Clinton. And he recommended
for the FALN 16 despite opposition from the FBI and Clinton’s own
Justice Department.
Louis Freeh, FBI director in September 1999, wrote that clemency
“would likely return committed, experienced sophisticated and
hardened terrorists to the clandestine movement.”
But rather than consult bombing victims and their families,
Holder met with members of Congress and then recommended a course
of action for the terrorists to take.
Comment: This is hardly the way an attorney
general should act. This was a blatant disregard for the common
security of the American people. This is the type of legal laxity
that led to 9/11, where terrorists were either not pursued during
the Clinton years, or were pursued in venues like American
courtrooms that treated them like common criminals rather than
international terrorists.
3) In another controversial action, Holder in January 2001
participated in one of the most notorious pardons of all time,
Clinton’s last-minute clemency for fugitive financier Marc Rich. As
deputy AG, Holder consulted with one-time White House counsel Jack
Quinn who acted as Rich’s lawyer.
Rich has never served time in prison. He fled the United States
and has lived in Switzerland since 1983 after being indicted on
charges of evading more than $100 million in income taxes and other
frauds including arms dealing, and business transactions with Iran
for oil.
In exchange for Rich’s pardon, Rich’s ex-wife Denise gave almost
a half-million dollars to Clinton’s presidential library
foundation; $1.1 million to the Democrat party; and $109,000 to
Hillary Clinton’s senate campaign.
Comment: Holder played dumb in the Rich case,
saying he did not know much about Rich. Is this the type of person
we want as attorney general? Someone who works to grant clemency to
people who don’t deserve it any way, shape of form, people who fled
justice and the United States? What does this say about Holder?
Pardoning a person like Rich hardly seems like a worthy goal for a
president or a deputy attorney general.
4) As deputy attorney general, Holder was a strong supporter of
restrictive gun control, federal licensing of handgun owners, a
waiting period on handgun sales, restricting handgun sales to one
per month, banning possession of handguns by anyone under age of
21, national gun registration, and mandatory prison sentences for
minor offenses like giving a child an heirloom handgun if he were
too young.
Holder also quoted the anti-gun propaganda that every day “about
12, 13 more children in this country die from gun violence" which
is true only if you include 18-year-old gang members.
Holder also co-signed an amicus brief in the case of
District of Columbia v. Heller, the landmark firearms case
which was ultimately decided by the Supreme Court in favor of gun
ownership as an individual right.
The brief was filed in support of DC's ban on all handguns, and
a ban on the use of any firearm for self-defense in the home,
saying that the 2nd Amendment is a "collective" right, not an
individual one.
After 9/11, Holder authored a Washington Post column
entitled ‘Keeping Guns Away From Terrorists’ arguing that a new law
should give "the Bureau of Alcohol, Tobacco and Firearms a record
of every firearm sale."
Comment: This type of thinking goes against the
Natural Law on which American freedom is based. One of Natural
Law’s primary tenets is that all people have the right to
self-defense, which may sound like common sense. But in America
today, people who harm criminals in defending themselves against
those criminals frequently are prosecuted. This has happened under
liberalism, which entrusts all defense to the courts - often after
it is too late - and none to individual action. So there is no
intrinsic right to self-defense according to liberal socialism.
Real self-defense today means the individual right to own a gun
in order to defend both your person and your home. Holder’s
persistently anti-gun positions disqualify him from being an
acceptable candidate for attorney general of the United States.
Please visit my website at www.nikitas3.com for more.