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Republican Senators Resort to Extortion on Holder Nomination

Friday 23 January 2009

by: Ken Camp  |  The Northwest Progressive Institute Advocate

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Republicans on the Senate Judiciary Committee want Eric Holder to commit to not prosecute Bush administration officials for their involvement in acts of torture. (Photo: Reuters)

    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.

    In an effort to derail the nomination of Attorney General-designate Eric Holder, it seems Senate Republicans are now resorting to extortion. They'll confirm Holder if he promises not to prosecute any Bush Administration officials for any involvement in acts of torture, according to Senator Sheldon Whitehouse(D-RI).

    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.

    Senator Whitehouse makes a good point about the separation of powers. It isn't for the legislative branch to hold up executive branch appointments, in order to extract promises from those appointees, especially with regard to potential future prosecutions. But it's much more than that.

    I understand that President Obama wants to get beyond the partisan divisions and rancor and look to America's future. That's all good and well, but the United States was founded on the rule of law. You often hear that "we are a nation of laws, not men." If the rule of law were not important, what would separate our nation from countries like Myanmar (Burma) or North Korea?

    If Eric Holder, or any other Obama appointee subject to confirmation by the Senate, were to agree not to investigate alleged wrongdoing Bush Administration officials and forward alleged crimes for potential prosecution, it would be an egregious abdication of responsibility, not to mention an act of questionable legal ethics. It would say to future generations that at a time when the Bush Administration felt it was above the law, Democrats did nothing but stand idly by and let it happen.

    And then we'd be no different than them.

  

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Comments

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The Democrats have the votes

 Mon, 01/26/2009 - 14:03 β€” L.D. Freitas (not verified)
The Democrats have the votes to have Holder confirmed. They do not have to cave in to the Repugnantcans' shenanigans. It's time for Reid to step up to the plate and see to it that Holder is voted on swiftly, and to point out that bi-partisanship to Repugnantcans means they get their way, even if they are in the minority!

Bush and Republicans should

 Mon, 01/26/2009 - 14:16 β€” Anonarcmous (not verified)
Bush and Republicans should WELCOME the same scrutiny PresNixon and Clinton were subject and had to respond.Why not?

It is truly reprehensible

 Mon, 01/26/2009 - 14:46 β€” Collage707 (not verified)
It is truly reprehensible that the very person nominated to assure justice in our nation would be pressured into the non pursuit of justice. On what grounds would anyone be exempt from war crimes? It is true that President Obama has more than a full plate, and that partisan fights over this issue would be a major distraction and detraction from his quest for bi-partisanship. But more importantly, if we collude and excuse any torture that was done in America's name, we will forever surrender the values we thought we stood for. If Republicans really play this card, their role and compromising America's separation of powers should be highly publicized in a way that the public become fully aware of this blackmail.

Extortion and other criminal

 Mon, 01/26/2009 - 15:07 β€” christine (not verified)
Extortion and other criminal methods have worked for eight years, so it should not be surprising that this nomination should be subject to the same. If it works this time, we shall know we are doomed.

It seems that sooner or

 Mon, 01/26/2009 - 15:13 β€” Michael (not verified)
It seems that sooner or later, Democrats are going to have to take a stand against the Republicans who would defend BushCo to the last. What competent nominee would not prosecute crimes of the most serious nature if an investigation found they were committed? I know I do not want a President who is above the law, who cannot be prosecuted no matter what laws are broken. I cannot imagine a worse legal precedent.

I think the above statement

 Mon, 01/26/2009 - 15:24 β€” Anonymous (not verified)
I think the above statement may be wrong. Perhaps it should read----Senate Republicans, the best politicians that money can but, are now resorting to extortion.

If the Republicans didn't

 Mon, 01/26/2009 - 15:25 β€” pbg (not verified)
If the Republicans didn't want people to be prosecuted for torture, George W. Bush should have pardoned them. When they had the power, they didn't protect them (probably because they never thought they'd lose it.) To expect Eric Holder to violate his principles and do their dirty work for them is not only reprehensible but lazy.

What else could you expect

 Mon, 01/26/2009 - 15:25 β€” Anonymous (not verified)
What else could you expect from Republican politicians? They don't have the right to make demands, but feel that they do. The rules don't apply if you are a conservative with an agenda.

Good piece. The process can

 Mon, 01/26/2009 - 15:31 β€” charles mcgee (not verified)
Good piece. The process can remain on hold for the next four years if the price is to abdicate the ultimate responsibility. There will be no budget to debate. In the end, progressives will prevail. This would be the ultimate bailout. Do no harm.

Would someone please tell

 Mon, 01/26/2009 - 15:41 β€” radline9 (not verified)
Would someone please tell these monkeys they are not in charge now? I hope they make Holder mad enough that he decides to prosecute.

Once again Republicans, and

 Mon, 01/26/2009 - 15:50 β€” BillyDoc (not verified)
Once again Republicans, and their Christian backers, prove beyond doubt that they have no sense of morality whatsoever. A President for having sex with another consenting adult --- "Oh, dear! What could be more horrible! Impeach him immediately!" Torturing someone, acting out their sadistic impulses on helpless individuals --- "Well, Boys will be Boys, it's no big deal after all." The stench of their hypocrisy is overwhelming. But of course the real reason they don't want any prosecutions is because they, too, are guilty, guilty, guilty.

If the Democrats knuckle

 Mon, 01/26/2009 - 16:05 β€” Anonymous (not verified)
If the Democrats knuckle under this time, they have lost my vote forever. They need a spine transplant and a Harry Truman to show them the way.

And how, exactly, can the

 Mon, 01/26/2009 - 16:12 β€” Anonymous (not verified)
And how, exactly, can the Republicans do this being in the minority? Can a filibuster last forever? The Democrats need to use some power for a change (are you listening Harry Reid?).

The Republicans have

 Mon, 01/26/2009 - 16:25 β€” ArtFart (not verified)
The Republicans have unfortunately started something they have to finish. To propose such a "deal" is probably in and of itself illegal, and if they don't prevail, they may have made themselves vulnerable to being charged as accessories if members of the past administration are prosecuted.

Does the term "obstruction

 Mon, 01/26/2009 - 16:35 β€” George Powell (not verified)
Does the term "obstruction of justice" mean anything to the Senate's roadblock Republicans. Time for Sen. Reid to drop the bi-partisan coddling of those who still advocate the failed and fractious policies of the former administration, and put the pedal to the metal. Whether those Republicans like it or not ... waterboarding IS torture.

So the republicans want a

 Mon, 01/26/2009 - 16:38 β€” Anonymous (not verified)
So the republicans want a promise by holder to obstruct justice? If Holder does make such a promise, he becomes guilty of obstruction of justice. Aren't there laws about politicians or other citizens using blackmail to extort judiciary favor? Is it not just like a law enforcement officer requesting a $100 to forgo giving out a ticket? Holder can't agree or his tenure as AG is unlawful from day one.

Although we really do not

 Mon, 01/26/2009 - 16:42 β€” Paul Fako (not verified)
Although we really do not have time for these prosecutions and must get on to the future, leaving these crooks like so many others, in the dust of history, it is evident that there are others in the Congress who are afraid that they will be swept up in this investigation of extreme criminal treatment of prisoners and so are wiling to stand there and threaten the nominee in order to avoid involvement. Should Holder have lied? NO! Should we proceed and prosecute? NO! We are too messed up now to waste time on endless investigations and pseudo prosecutions of people who are beter left to their own bitter feelings, if they have any. Get on the the real work and keep dumping the Republicans at every turn of the voting handle. Paul Fako

This is NOT to be taken

 Mon, 01/26/2009 - 16:43 β€” Professor Fandel (not verified)
This is NOT to be taken lightly, my friends. The only hope we have for a true return to our democracy lies in our ability to hold accountable ALL individuals who break laws. The act of hamstringing the appointment of the US Attorney General nominee via bribery is, in-and-of-itself, a crime perpetrated by members or our VERY legislative branch. If President Obama wants true bi-partisanship, he must get rid of those people in the legislative branch, and all areas of our government, who overtly break the law. This is an outrage, once again, by Republicans! And I will not sit quietly in the glow of the light of the inauguration of a man of hope, and let the Republicans do their illegal maneuvering, assuming we are back in some trance, not watching, not seeing, and not acting. We see and hear you clearly and loudly, Republican criminals. You can not hide. And we are not afraid to do the right thing. Watch for us...we'll be blogging, protesting, and telling the truth wherever we stand, live, love, or work. Oh yes, we're still here, and we always will be as long as one among you dares to break our laws for any reason. You have a duty to uphold the laws of the US, and you will be outed and held accountable if you do not. This is the true service work President Obama asks of us, and we're ready to take it on! Professor Fandel

The Democrats must not cave

 Mon, 01/26/2009 - 16:43 β€” Neal J. King (not verified)
The Democrats must not cave on this point of principle. If the Republicans want to filibuster in the Senate, let them do that - but do it the old-fashioned way, with the 24-hour schedule and a bucket to pee in, not the filibuster-lite they've used in the past. If they want to "pull a Jimmy Stewart", let them "DO a Jimmy Stewart": no breaks, no sleep, sustained only by the conviction of their consciences. I guarantee THAT won't last very long!

The Republicans have now

 Mon, 01/26/2009 - 16:45 β€” Regina (not verified)
The Republicans have now stooped to blackmail. Their predecessor executives are all guilty of one crime or another. Obama has given "bipartisanship" the best try, and they -- not he and his advisers -- have failed. It's time to put "I won" into action, with advancement to "I prevail." Call their bluff and get Holder confirmed. There are a couple of rare sane Republicans left in the Senate, to add to the Democrats' 58.

....and this is the

 Mon, 01/26/2009 - 16:52 β€” Jeff (not verified)
....and this is the 'democracy' which 'Americans' have voted for over and over again. This is the same 'democracy' which the whole of the world must embrace or perish. To the victor go the spoils. Our world will always be in perpetual conflict and war. It is what 'we' are.

The GOP keeps adding to its

 Mon, 01/26/2009 - 16:58 β€” Anonymous (not verified)
The GOP keeps adding to its legacy, doesn't it. Mike

"Give 'em Hell Harry" Reid's

 Mon, 01/26/2009 - 17:03 β€” Anonymous (not verified)
"Give 'em Hell Harry" Reid's support of justice is nearing its test of fire. We are 100% behind him. Now let's see if he has what it will take to force his hand during a meltdown. If he doesn't perform his duty, it will be a gross letdown to all who know the dire need for this country to right itself. Justice delayed is justice denied. And justice denied is the collapse of the very spirit of freedom that we've fought for all these decades.

Cornyn and others appear to

 Mon, 01/26/2009 - 17:17 β€” Lee Veal (not verified)
Cornyn and others appear to be quite fearful that their 'Boy George W' will be prosecuted, convicted and imprisoned for his war crimes. Jailing Cheney and his henchmen right on down to 'Boy George W' would be a fitting end to the worst administration ever.

Would the Repubs be willing

 Mon, 01/26/2009 - 17:18 β€” Rowland n (not verified)
Would the Repubs be willing to okay an investigation of what Cheney really did on 9/11? And why he HAD to accompany Bush for the (off the record) Commission hearing on 9/11?

It's simple. I voted for

 Mon, 01/26/2009 - 17:22 β€” Anonymous (not verified)
It's simple. I voted for Obama because I wanted the abuses of the Constitution to stop.If the democrats cave on this one, it will be a capitulation to politics while ignoring the law. I voted to see the sewer in Washington cleaned up, not covered up. If there are democrats who are caught up in this criminal behavior, that is unfortunate. The law ans the constitution are to be held above all else. Remember..."a nation of laws...I can't believe that the Republicans are so brazen as to even be trying this with the power shift which has happened in Washington. If Pelosi and Reid can't stomach this, then let's replace them with real statesmen like those who emerged during Watergate and get this investigation and prosecution under way. We cannot, as a Nation, move forward without dealing with this out front. It is like an alcoholic admitting he is an alcoholic and making amends before he can move forward in recovery. HEAR THIS OBAMA ADMINISTRATION.....No Investigation and prosecution...NO VOTE NEXT TIME!!!!!!!!

Holder needs to STAND UP and

 Mon, 01/26/2009 - 17:30 β€” Anonymous (not verified)
Holder needs to STAND UP and answer them -- give THE speech, explain the law, and publicly call them out on their illegal extortion and obstruction to potential prosecutions. Did he not DO that? We elected Barak Obama for his intellect, intelligence, and INTEGRITY. Time to call integrity to the legislative branch, as well. Write your representatives and senators and EXPLAIN this to them. Since this is also tantamount to extortion of the President of the U.S., it would be nice if OBAMA himself would also speak to these threats. We the People are SICK OF this type of shit. Time to start, now, to change that pathway along which "private interests" can successfully extort the American People. If, Mr. President, your selected ATTNY GENERAL is having to "figure out" how to answer these threats, you need to find another one.

Bush's politicization of the

 Mon, 01/26/2009 - 17:31 β€” Steve Newcomb (not verified)
Bush's politicization of the Justice Department was a crime. Legislators who seek to influence prosecution decisions are committing crimes. Some of the Washington elite have sought to influence the criminal justice system in order to achieve political goals (Pete Domenici is just one as-yet-unprosecuted example). They are all criminals. The only question is whether we'll get what we need (and what the law calls for): an AG who will prosecute on the basis of law and facts, and on no other basis whatsoever. Justice in the U.S. is hanging in the balance, here.

For all the folks out there,

 Mon, 01/26/2009 - 17:55 β€” Anonymous (not verified)
For all the folks out there, if you didn't know. C-Span publishes for about $12, all the people in Government. Who's on what committee and it lists the addresses and phone numbers. Sometimes, I set up a letter to all and fax and fax. My Senator doesn't like me but then I didn't vote for her because she's done nothing for California. She's for her husband's business. anyway, hope this information is helpful. I'm going to send faxes or e-mails to the republicans on the judicial committee.

Democrats "caved" when they

 Mon, 01/26/2009 - 18:06 β€” Anonymous (not verified)
Democrats "caved" when they took impeachment "off the table". Why would they be any different now?

They are not attempting to

 Mon, 01/26/2009 - 18:16 β€” Anonymous (not verified)
They are not attempting to extort Holder. He has no right at all to promise whom will or not be prosecuted under the laws of the land. This is an attempt to extort the President of the United States, who (according to the BUSHITES) is the "Decider" so long as we are "at war." There may be a new man in town, but the stripes on those lawmakers who believe in the fascist empire have not changed, and I do not expect them to. Eventually, perhaps, their constituents will get rid of them and replace them with law abiding citizens who wish to represent their constituents rather than establish the BigGovCorp Dictatorship.

There's only one right

 Mon, 01/26/2009 - 18:17 β€” frank1569 (not verified)
There's only one right answer for the lunatic fringe across the aisle, and it comes courtesy of their dark king, Dick Cheney: Go F**k Yourselves.

Holder and the Democrats

 Mon, 01/26/2009 - 18:49 β€” Greg Artzner (not verified)
Holder and the Democrats MUST stand and call this egregious extortion exactly what it is and publicly condemn those who engage in such reprehensible behavior. In response to Paul Fako... I couldn't disagree with you more strongly. Investigations into abuses of power and subsequent prosecutions for violations of the constitution as well as federal and international law by the Bush administration are absolutely essential if we are to move forward as a nation and restore integrity to the country and the government. These are not just "people who are beter left to their own bitter feelings, if they have any" [sic]. They are the worst kind of criminals we have in America, and we simply cannot allow them to get away with their crimes. Investigations wouldn't have to go far. It's all in the public record, including the vice-president in a nationally broadcast interview publicly admitting his part in international war crimes. This isn't just frivolous revenge, it's setting things right and actively stating that indeed, no one IS above the law.

A Senator who actually

 Mon, 01/26/2009 - 19:05 β€” Anonymous (not verified)
A Senator who actually threatens such a quid pro quo exchange for his vote should be prosecuted. One who implies it should be warned. Same for a Senator or Representative who threatens to vote against the National Defense Authorization Act unless it includes his amendment or earmark that will fund the Broken Bottle Museum in his home state or district. These are acts of extortion, not compromise. Those two words need to become unconfused, and bribery and extortion need to leave the realm of "how we do business." Coercion (which includes bribery AND extortion) and Compromise are two different words, with two very different meanings. THAT is something that needs to be understood by We the People and clarified to our representatives in government.

Let's vote - up or down. I

 Mon, 01/26/2009 - 19:52 β€” Dan Davis (not verified)
Let's vote - up or down. I wish I believed Harry Reid had the courage to stand up to the R criminals and abettors. It would be a new thing. Good comments above, except we DO have the time and must take it to return our country to the rule of law. If we don't have time to enforce the laws, well then why do we need a government?- just hire out an army. Besides if we don't one of the 150 countries that did sign the Convention against Torture will proceed and they can and will ask for extradition. Since we don't have time, will we ignore the world - again?

"Our nation was founded on

 Mon, 01/26/2009 - 20:04 β€” Janus (not verified)
"Our nation was founded on the rule of law"? No, our nation was founded on rebellion if I remember my history correctly. C'mon Truthout, can't you get better material than this extremist garbage?

Well,well ain't that just

 Mon, 01/26/2009 - 20:05 β€” Floresta (not verified)
Well,well ain't that just grand...what are those poor, deluded Republicans, um, thinking??? N O to any "deals", for Gawd's sake!!! and I am most certainly NOT impressed by Eric Holder as a nominee for AG either as he did dickall for preserving the Constitution and the rule of law for the past eight years.

The 1990`s Clinton fiasco

 Mon, 01/26/2009 - 23:32 β€” windskull (not verified)
The 1990`s Clinton fiasco comes to mind here as does that instance where the unanimous guilty verdict was achieved when the prosecution after detailing to the jury the horrific abuse inflicted on the victim in closing uttered the conscionable words; "Imagine if the victim were A WHITE GIRL"... Republicans you cannot have it both ways SORRY, you and yours have committed and supported crimes as BUSHCO INC and now you must face the music, you would expect no less were the clown responsible a Democrat or Independent

If the Rule of Law was so

 Mon, 01/26/2009 - 23:36 β€” Anonymous (not verified)
If the Rule of Law was so high and mighty for these very same Republicans when they went after Bill Clinton for a "crime" which caused neither loss of life nor loss of treasury, how can they oppose the pursuit of justice against those who plunged the entire nation into the slaughter of over 4000 of our finest, and over 1 million murders of innocent citizens in a land that DID US NO HARM! And bankrupted our nation to boot. There lies the hypocrisy of those who would now obstruct justice. There should be no attempts to prevent justice as a pre-condition for Eric Holder's confirmation. Classic dishonesty of our times- prevent Justice before establishing the next Department of Justice...

β€œOur government is the

 Mon, 01/26/2009 - 23:58 β€” Ricky. (not verified)
β€œOur government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law.” --Justice Louis Brandeis, Olmstead v. United States, 1928 (dissenting opinion) Need I say more?

Republicans want us to fear

 Tue, 01/27/2009 - 00:04 β€” dtroutma (not verified)
Republicans want us to fear closing Gitmo will release "dangerous" people? They quite wrongly declare they'd be released on American soil. Maybe they just realize the Gitmo captives released may be less dangerous to our laws and principles than they are? No trial for Gitmo, no trials for the people who wrongly and illegally sent them there?

In the name of the

 Tue, 01/27/2009 - 00:21 β€” Anonymous (not verified)
In the name of the Constitution (and decency) the world is praying that Mr. Holder will remember why Barack Obama is such a welcome change.

Is there somebody else in

 Tue, 01/27/2009 - 01:15 β€” Anonymous (not verified)
Is there somebody else in the Government who can prosecute ....then Mr. Holder stand for confirmation after that?

Anti-Constitutional? It is

 Tue, 01/27/2009 - 02:08 β€” Anonymous (not verified)
Anti-Constitutional? It is way past due to hold the anti-Constitutional"Republicans" accountable to their oath to the Constitution or have them accountable to their jailers. Perhaps citizens will have to make this choice for them if they continue to tear the country and democratic law apart for a profit.

Republicans are way off base

 Tue, 01/27/2009 - 02:56 β€” Anonymous (not verified)
Republicans are way off base here. If they are so afraid that Holder will bring prosecution of peoplw who authorized terror, must they not think that these people actually broke the law? Maybe they think that they are complicit in that breaking of the law. They are indeed showing their true colors now. At least the questions are being asked, which is more than can be said about the GW Bush years.

How absurd to think that an

 Tue, 01/27/2009 - 04:02 β€” Anonymous (not verified)
How absurd to think that an AG would promise not to prosecute criminal activity he finds in the future! Who do they think he is, Alberto Gonzalez? The Republicans have again shown themselves to be the obstructionists and criminal low-lifes that they are by trying to get their co-conspirators preemptively excluded from prosecution. I guess they didn't qualify for pardons from the Shrub...

Holder could just do what

 Tue, 01/27/2009 - 07:57 β€” Anonymous (not verified)
Holder could just do what the Bush nominees do.... come up with a non answer answer or tell the Repugs what they want to hear and then do the opposite. Lying under oath? Hey, no big deal....

Anyone remember the way

 Tue, 01/27/2009 - 18:53 β€” Granny (not verified)
Anyone remember the way Gonzales did NOT answer questions? The way Gates did NOT answer questions? The way most of the Bush nominees found ways NOT to answer questions? Reid had better show his manhood and get the vote done. We ARE a nation of laws, and we ARE a nation whose electors chose the Democratic President, Senate and House. And if there is to be scrutiny of the high crimes and misdemeanors of the past eight years, get on with it.

It is only right that these

 Tue, 01/27/2009 - 19:26 β€” Anonymous (not verified)
It is only right that these people who threw us into an illegal war, an invasion of another country for its oil, should be brought to justice; and if our official won't do it, then the people should shout out loud and demand that they be tried for their crimes.

First, it is the President's

 Tue, 01/27/2009 - 21:42 β€” Fr Tothus (not verified)
First, it is the President's responsibility to see that the laws are faithfully executed. Not doing so constitutes a violation of his oath of office, as well as the laws of the land. Second, the Democrats went along with all of the criminal behavior of the Republicans -- while Mr Camp warns us of some future day when the Democrats will be blamed because they "stood idly by", over the past eight years, they did exactly that. Third, "water-boarding" used to be called "the Chinese water TORTURE" before the Bush administration began using it. Changing the name doesn't make it any different, or any less illegal because it's now the "American water torture". "The United States has only one party - the property party. It's the party of big corporations, the party of money. It has two right wings; one is Democrat and the other is Republican." Gore Vidal

The only good republican is

 Wed, 01/28/2009 - 13:28 β€” Jerold D. Toomey (not verified)
The only good republican is a.... The good ones are those that jumped ship in the last hate years. Reinstate them to replace what we have now. This is just another e-jip-shun denial load of fertilizer. Have they no shame, remorse, morality or accountability? And just why would they trip over themselves to protect an individual who is responsible for the demise of they're party? What exactly were they a party to? Guilt shines bright in the eyes of the smirker.

Once again the republicans

 Wed, 01/28/2009 - 14:16 β€” Jerold D. Toomey (not verified)
Once again the republicans point out the need to have a special prosecutor to make justice of these complicated matters.

By insisting on such a

 Sun, 03/29/2009 - 18:29 β€” Bob Delabar (not verified)
By insisting on such a condition for confirmation the Republicans are admitting laws were broken and that they are the guilty. All they want is to be excused for their own crimes. The answer is simple. Holder should swear under oath that he will make no such promise and proceed to lecture the senate about law, duty and honor. These Senators should be the ones explaining their position, not Holder.