/PRNewswire/ -- Attorney General Eric Holder and Secretary of the Interior Ken Salazar today announced a settlement of the long-running and highly contentious Cobell class-action lawsuit regarding the U.S. government's trust management and accounting of over three hundred thousand individual American Indian trust accounts. Also speaking at the press conference today were Associate Attorney General Tom Perrelli and Deputy Secretary of the Interior David Hayes.
"Over the past thirteen years, the parties have tried to settle this case many, many times, each time unsuccessfully," said Attorney General Holder. "But today we turn the page. This settlement is fair to the plaintiffs, responsible for the United States, and provides a path forward for the future."
"This is an historic, positive development for Indian country and a major step on the road to reconciliation following years of acrimonious litigation between trust beneficiaries and the United States," Secretary Salazar said. "Resolving this issue has been a top priority of President Obama, and this administration has worked in good faith to reach a settlement that is both honorable and responsible. This historic step will allow Interior to move forward and address the educational, law enforcement, and economic development challenges we face in Indian Country."
Under the negotiated agreement, litigation will end regarding the Department of the Interior's performance of an historical accounting for trust accounts maintained by the United States on behalf of more than 300,000 individual Indians. A fund totaling $1.4 billion will be distributed to class members to compensate them for their historical accounting claims, and to resolve potential claims that prior U.S. officials mismanaged the administration of trust assets.
In addition, in order to address the continued proliferation of thousands of new trust accounts caused by the "fractionation" of land interests through succeeding generations, the settlement establishes a $2 billion fund for the voluntary buy-back and consolidation of fractionated land interests. The land consolidation program will provide individual Indians with an opportunity to obtain cash payments for divided land interests and free up the land for the benefit of tribal communities.
By reducing the number of individual trust accounts that the U.S. must maintain, the program will greatly reduce on-going administrative expenses and future accounting-related disputes. In order to provide owners with an additional incentive to sell their fractionated interests, the settlement authorizes the Interior Department to set aside up to 5 percent of the value of the interests into a college and vocational school scholarship fund for American Indian students.
The settlement has been negotiated with the involvement of the U.S. District Court for the District of Columbia. It will not become final until it is formally endorsed by the court. Also, Congress must enact legislation to authorize implementation of the settlement. Because it is a settlement of a litigation matter, the Judgment Fund maintained by the U.S. Departments of Justice and Treasury will fund the settlement.
"While we have made significant progress in improving and strengthening the management of Indian trust assets, our work is not over," said Salazar, who also announced he is establishing a national commission to evaluate ongoing trust reform efforts and make recommendations for the future management of individual trust account assets in light of a congressional sunset provision for the Office of Special Trustee, which was established by Congress in 1994 to reform financial management of the trust system.
The class action case, which involves several hundred thousand plaintiffs, was filed by Elouise Cobell in 1996 in the U.S. District Court for the District of Columbia and has included hundreds of motions, dozens of rulings and appeals, and several trials over the past 13 years. The settlement funds will be administered by the trust department of a bank approved by the district court and distributed to individual Indians by a claims administrator in accordance with court orders and the settlement agreement.
Interior currently manages about 56 million acres of Indian trust land, administering more than 100,000 leases and about $3.5 billion in trust funds. For fiscal year 2009, funds from leases, use permits, land sales and income from financial assets, totaling about $298 million were collected for more than 384,000 open Individual Indian Money accounts and $566 million was collected for about 2,700 tribal accounts for more than 250 tribes. Since 1996, the U.S. Government has collected over $10.4 billion from individual and tribal trust assets and disbursed more than $9.5 billion to individual account holders and tribal governments.
The land consolidation fund addresses a legacy of the General Allotment Act of 1887 (the "Dawes Act"), which divided tribal lands into parcels between 40 and 160 acres in size, allotted them to individual Indians and sold off all remaining unallotted Indian lands. As the original holders died, their intestate heirs received an equal, undivided interest in the lands as tenants in common. In successive generations, smaller undivided interests descended to the next generation.
Today, it is common to have hundreds -- even thousands -- of Indian owners for one parcel of land. Such highly fractionated ownership makes it extremely difficult to use the land productively or to provide beneficial use for any individual. Absent serious corrective action, an estimated 4 million acres of land will continue to be held in such small ownership interests that very few individual owners will ever derive any meaningful financial benefit from that ownership.
Additional Information is available at the following sites: www.cobellsettlement.com. The Department of the Interior website: www.doi.gov. The Office of the Special Trustee website: www.ost.doi.gov.
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Showing posts with label eric holder. Show all posts
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Tuesday, December 8, 2009
Wednesday, April 8, 2009
Attorney General Eric Holder Names New Leadership for ATF, Executive Office for U.S. Attorneys, and Office of Professional Responsibility
/PRNewswire / -- Attorney General Eric Holder today announced that he will appoint Kenneth E. Melson to serve as acting head of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), H. Marshall Jarrett to head the Executive Office for United States Attorneys (EOUSA), and Mary Patrice Brown to serve as acting head of the Office of Professional Responsibility (OPR).
"These extremely experienced and capable long time career prosecutors are uniquely qualified to lead these important offices," said Attorney General Holder. "I am pleased that these dedicated public servants, Ken, Marshall, and Mary Pat, have accepted their new challenges with enthusiasm. I know that they will lead their new offices with their usual high standards of professionalism, integrity and dedication."
The Bureau of Alcohol, Tobacco, Firearms and Explosives, is one of the Department's principal law enforcement agencies dedicated to preventing terrorism, reducing violent crime and enforcing federal criminal laws and regulations in the firearms and explosives industries.
Since 2007, Melson has been the Director of the Executive Office for U.S. Attorneys. Previous to that, he was the First Assistant for the U.S. Attorneys Office for the Eastern District of Virginia. From 1991 to 2001, Melson served as Acting and Interim U.S. Attorney of that office during various periods of time. He began his career as a federal prosecutor in the Eastern District of Virginia in 1983 where he was an Assistant U.S. Attorney until he became First Assistant in 1986.
From 1975 to 1983, Melson served in different positions for the Commonwealth's Attorney, Arlington County, Va. From 1980 to 1983, he was the Deputy Commonwealth's Attorney, from 1978 to 1980, he was the Chief Assistant, and from 1975 to 1978 he was an Assistant. He served in private law practice in Arlington, Va., from 1974 to 1975.
Melson is a past President and Distinguished Fellow of the American Academy of Forensic Sciences, and currently participates on behalf of the Department on the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. He has been an adjunct professor at George Washington University for almost 30 years teaching both law and forensic science courses.
Melson received his B.A. from Denison University in 1970 and his J.D. from George Washington University in 1973.
"Ken's more than 25 years of career federal prosecutor service and his knowledge in forensic science will make him a valuable asset to ATF," said Attorney General Holder. "I am pleased that he will provide his talents to such an important Department of Justice agency."
"As the head of ATF, I am looking forward to using my management and prosecutorial experience, as well as my knowledge of crime labs and forensic science to combat violent crime," said Melson.
The Executive Office for U.S. Attorneys acts as a liaison between the Department and the 94 U.S. Attorneys offices throughout the 50 states, the District of Columbia, Guam, the Marianas Islands, Puerto Rico and the U.S. Virgin Islands.
Since 1998, Marshall Jarrett has been the Counsel for Professional Responsibility. Prior to directing OPR, in 1997, Jarrett served in the Office of the Deputy Attorney General as an Associate Deputy Attorney General participating in the formulation of federal criminal law enforcement policy and supervising the prosecution of corrupt officials, violent drug gangs, white collar criminals, and international terrorists. In 1988, he served in the U.S. Attorney's Office for the District of Columbia as Chief of the Criminal Division. In 1980, he joined the Public Integrity Section of the Department of Justice and rose to become a Deputy Chief. He joined the U.S. Attorney's Office for the Southern District of West Virginia in 1975, as a trial attorney and ascended to the office's Criminal Chief and First Assistant.
From 1979 to 1980, Jarrett worked at the Commodity Futures Trading Commission as Deputy Director of the Enforcement Division, and as a Deputy Attorney General for the Commonwealth of Pennsylvania from 1973 to 1975. He is the recipient of the Edmund J. Randolph Award for outstanding service to the Department of Justice. Jarrett received his B.S. in 1966 from West Virginia University and his J.D. from West Virginia University College of Law in 1969.
"I have had the privilege of working with Marshall over the years and I have the highest regard for his experience, talents and capabilities," said Attorney General Holder. He has been a tremendous leader in OPR, and I believe that his more than 30 years of career prosecutorial and legal experience, his leadership skills and the respect he receives from his colleagues, make him the ideal individual to oversee the 94 U.S. Attorneys offices at this time."
"I am honored to serve with Attorney General Holder, and I am looking forward to this exciting challenge with the opportunity to build and work with the U.S. Attorney team, offer my unique perspective from working in various positions within the Department, and providing legal advice to the 94 offices," said Jarrett.
The Office of Professional Responsibility is responsible for investigating allegations of professional misconduct involving Department attorneys.
Mary Patrice Brown has been with the U.S. Attorney's Office of the District of Columbia since 1989. She became the Chief of the office's Criminal Division in 2007, where she oversaw all aspects of prosecuting criminal cases in the U.S. District Court for the District of Columbia. In that capacity, she supervised 80 attorneys and five sections, including National Security, Fraud and Public Corruption, Organized Crime and Narcotics Trafficking, Asset Forfeiture, and Major Crimes. From 2004 to 2007, Brown was the Executive Assistant U.S. Attorney Operations where she managed and directed the oversight of significant civil and criminal cases and special operations. As Deputy Chief of the Fraud and Public Corruption Section (2002-2004), she oversaw allegations of criminal misconduct by police officers, public officials, and attorneys. She was the Deputy Chief of the Appellate Division (1997-2002), and was an Assistant U.S. Attorney from 1989 to 1997.
During her tenure at the U.S. Attorney's Office for the District of Columbia, Brown served on the D.C. Circuit's Committee on Admissions and Grievances for four years, investigating on behalf of the D.C. Circuit allegations of misconduct by attorneys licensed to practice in the Circuit. She also served as one of the office's Professional Responsibility Officers, and on the "Lewis Committee," which reviews allegations of police misconduct for purposes of Brady and Giglio disclosures.
Previous to her work at the Department, Brown was a litigation associate at the Washington, D.C. office of Dickstein, Shapiro & Morin (now Dickstein Shapiro) from 1984 to 1989.
Brown received her B.S. in Foreign Service from Georgetown University in 1978 and her J.D. from Georgetown Law Center in 1984.
"Mary Pat has a stellar reputation and the highest integrity," said Attorney General Holder. "I have had the privilege of working alongside of Mary Pat in the U.S. Attorney's office for the District of Columbia and she can always be counted on to do what's right. I trust her sense of fairness and judgment implicitly."
"I am honored that Attorney General Holder would grant me the opportunity to use my years of experience as an Assistant U.S. Attorney and supervisor to provide guidance and leadership to my colleagues in the Department and in the field as we work together to maintain the highest standards of professional conduct," said Brown.
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"These extremely experienced and capable long time career prosecutors are uniquely qualified to lead these important offices," said Attorney General Holder. "I am pleased that these dedicated public servants, Ken, Marshall, and Mary Pat, have accepted their new challenges with enthusiasm. I know that they will lead their new offices with their usual high standards of professionalism, integrity and dedication."
The Bureau of Alcohol, Tobacco, Firearms and Explosives, is one of the Department's principal law enforcement agencies dedicated to preventing terrorism, reducing violent crime and enforcing federal criminal laws and regulations in the firearms and explosives industries.
Since 2007, Melson has been the Director of the Executive Office for U.S. Attorneys. Previous to that, he was the First Assistant for the U.S. Attorneys Office for the Eastern District of Virginia. From 1991 to 2001, Melson served as Acting and Interim U.S. Attorney of that office during various periods of time. He began his career as a federal prosecutor in the Eastern District of Virginia in 1983 where he was an Assistant U.S. Attorney until he became First Assistant in 1986.
From 1975 to 1983, Melson served in different positions for the Commonwealth's Attorney, Arlington County, Va. From 1980 to 1983, he was the Deputy Commonwealth's Attorney, from 1978 to 1980, he was the Chief Assistant, and from 1975 to 1978 he was an Assistant. He served in private law practice in Arlington, Va., from 1974 to 1975.
Melson is a past President and Distinguished Fellow of the American Academy of Forensic Sciences, and currently participates on behalf of the Department on the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. He has been an adjunct professor at George Washington University for almost 30 years teaching both law and forensic science courses.
Melson received his B.A. from Denison University in 1970 and his J.D. from George Washington University in 1973.
"Ken's more than 25 years of career federal prosecutor service and his knowledge in forensic science will make him a valuable asset to ATF," said Attorney General Holder. "I am pleased that he will provide his talents to such an important Department of Justice agency."
"As the head of ATF, I am looking forward to using my management and prosecutorial experience, as well as my knowledge of crime labs and forensic science to combat violent crime," said Melson.
The Executive Office for U.S. Attorneys acts as a liaison between the Department and the 94 U.S. Attorneys offices throughout the 50 states, the District of Columbia, Guam, the Marianas Islands, Puerto Rico and the U.S. Virgin Islands.
Since 1998, Marshall Jarrett has been the Counsel for Professional Responsibility. Prior to directing OPR, in 1997, Jarrett served in the Office of the Deputy Attorney General as an Associate Deputy Attorney General participating in the formulation of federal criminal law enforcement policy and supervising the prosecution of corrupt officials, violent drug gangs, white collar criminals, and international terrorists. In 1988, he served in the U.S. Attorney's Office for the District of Columbia as Chief of the Criminal Division. In 1980, he joined the Public Integrity Section of the Department of Justice and rose to become a Deputy Chief. He joined the U.S. Attorney's Office for the Southern District of West Virginia in 1975, as a trial attorney and ascended to the office's Criminal Chief and First Assistant.
From 1979 to 1980, Jarrett worked at the Commodity Futures Trading Commission as Deputy Director of the Enforcement Division, and as a Deputy Attorney General for the Commonwealth of Pennsylvania from 1973 to 1975. He is the recipient of the Edmund J. Randolph Award for outstanding service to the Department of Justice. Jarrett received his B.S. in 1966 from West Virginia University and his J.D. from West Virginia University College of Law in 1969.
"I have had the privilege of working with Marshall over the years and I have the highest regard for his experience, talents and capabilities," said Attorney General Holder. He has been a tremendous leader in OPR, and I believe that his more than 30 years of career prosecutorial and legal experience, his leadership skills and the respect he receives from his colleagues, make him the ideal individual to oversee the 94 U.S. Attorneys offices at this time."
"I am honored to serve with Attorney General Holder, and I am looking forward to this exciting challenge with the opportunity to build and work with the U.S. Attorney team, offer my unique perspective from working in various positions within the Department, and providing legal advice to the 94 offices," said Jarrett.
The Office of Professional Responsibility is responsible for investigating allegations of professional misconduct involving Department attorneys.
Mary Patrice Brown has been with the U.S. Attorney's Office of the District of Columbia since 1989. She became the Chief of the office's Criminal Division in 2007, where she oversaw all aspects of prosecuting criminal cases in the U.S. District Court for the District of Columbia. In that capacity, she supervised 80 attorneys and five sections, including National Security, Fraud and Public Corruption, Organized Crime and Narcotics Trafficking, Asset Forfeiture, and Major Crimes. From 2004 to 2007, Brown was the Executive Assistant U.S. Attorney Operations where she managed and directed the oversight of significant civil and criminal cases and special operations. As Deputy Chief of the Fraud and Public Corruption Section (2002-2004), she oversaw allegations of criminal misconduct by police officers, public officials, and attorneys. She was the Deputy Chief of the Appellate Division (1997-2002), and was an Assistant U.S. Attorney from 1989 to 1997.
During her tenure at the U.S. Attorney's Office for the District of Columbia, Brown served on the D.C. Circuit's Committee on Admissions and Grievances for four years, investigating on behalf of the D.C. Circuit allegations of misconduct by attorneys licensed to practice in the Circuit. She also served as one of the office's Professional Responsibility Officers, and on the "Lewis Committee," which reviews allegations of police misconduct for purposes of Brady and Giglio disclosures.
Previous to her work at the Department, Brown was a litigation associate at the Washington, D.C. office of Dickstein, Shapiro & Morin (now Dickstein Shapiro) from 1984 to 1989.
Brown received her B.S. in Foreign Service from Georgetown University in 1978 and her J.D. from Georgetown Law Center in 1984.
"Mary Pat has a stellar reputation and the highest integrity," said Attorney General Holder. "I have had the privilege of working alongside of Mary Pat in the U.S. Attorney's office for the District of Columbia and she can always be counted on to do what's right. I trust her sense of fairness and judgment implicitly."
"I am honored that Attorney General Holder would grant me the opportunity to use my years of experience as an Assistant U.S. Attorney and supervisor to provide guidance and leadership to my colleagues in the Department and in the field as we work together to maintain the highest standards of professional conduct," said Brown.
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Friday, March 13, 2009
Department of Justice Withdraws 'Enemy Combatant' Definition for Guantanamo Detainees
/PRNewswire-USNewswire/ -- In a filing today with the federal District Court for the District of Columbia, the Department of Justice submitted a new standard for the government's authority to hold detainees at the Guantanamo Bay Detention Facility. The definition does not rely on the President's authority as Commander-in-Chief independent of Congress's specific authorization. It draws on the international laws of war to inform the statutory authority conferred by Congress. It provides that individuals who supported al Qaeda or the Taliban are detainable only if the support was substantial. And it does not employ the phrase "enemy combatant."
The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government's position as it develops a comprehensive policy.
"As we work towards developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law," said Attorney General Holder. "The change we've made today meets each of those standards and will make our nation stronger."
In its filing today, the government bases its authority to hold detainees at Guantanamo on the Authorization for the Use of Military Force, which Congress passed in September 2001, and which authorized the use of force against nations, organizations, or persons the president determines planned, authorized, committed, or aided the September 11 attacks, or harbored such organizations or persons. The government's new standard relies on the international laws of war to inform the scope of the President's authority under this statute, and makes clear that the government does not claim authority to hold persons based on insignificant or insubstantial support of al Qaeda or the Taliban.
The brief was filed in habeas litigation brought by numerous detainees at Guantanamo who are challenging their detention under the Supreme Court's decision last summer in Boumediene v. Bush.
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The Department also submitted a declaration by Attorney General Eric Holder stating that, under executive orders issued by President Obama, the government is undertaking an interagency review of detention policy for individuals captured in armed conflicts or counterterrorism operations as well as a review of the status of each detainee held at Guantanamo. The outcome of those reviews may lead to further refinements of the government's position as it develops a comprehensive policy.
"As we work towards developing a new policy to govern detainees, it is essential that we operate in a manner that strengthens our national security, is consistent with our values, and is governed by law," said Attorney General Holder. "The change we've made today meets each of those standards and will make our nation stronger."
In its filing today, the government bases its authority to hold detainees at Guantanamo on the Authorization for the Use of Military Force, which Congress passed in September 2001, and which authorized the use of force against nations, organizations, or persons the president determines planned, authorized, committed, or aided the September 11 attacks, or harbored such organizations or persons. The government's new standard relies on the international laws of war to inform the scope of the President's authority under this statute, and makes clear that the government does not claim authority to hold persons based on insignificant or insubstantial support of al Qaeda or the Taliban.
The brief was filed in habeas litigation brought by numerous detainees at Guantanamo who are challenging their detention under the Supreme Court's decision last summer in Boumediene v. Bush.
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Monday, March 2, 2009
Remarks as Prepared for Delivery by Attorney General Eric Holder at the Jewish Council for Public Affairs Plenum
/PRNewswire-USNewswire/ -- The following are remarks as prepared for delivery by Attorney General Eric Holder:
Good morning and thank you for inviting me to join you today. It's a pleasure to be here among friends.
For more than 60 years, the Jewish Council for Public Affairs and its partner agencies have worked to build a more just society. But what's more, JCPA has played a vital role in promoting an interfaith policy dialogue. I applaud the work done by the JCPA to further that dialogue, to engage the public in constructive interfaith discourse, and to always -- always -- seek justice.
It's a special privilege for me to lead the Department of Justice at this moment in its history. My Department has many goals to which we aspire. However, nothing is more important to me than defending our nation and its citizens from acts of terrorism, and ensuring that our government abides by the letter and the spirit of our Constitution.
Some see a tension between these two goals. I - most emphatically - do not. As President Obama said in his inaugural address, there is no contradiction between our safety and our ideals. He correctly characterized it as a "false choice." Yes, we must do everything in our power to thwart the evil aims of those who would do us harm. But we must do so in a manner that preserves, protects, and defends the rights that are enshrined in our Constitution, and the rule of law itself.
There is no reason we cannot wage an effective fight against those who have sworn to harm us while we respect our most honored constitutional traditions. We can never put the welfare of the American people at risk but we can also never choose actions that we know will weaken the legal and moral fiber of our nation.
The rule of law is not, as some have seen it, an obstacle to be overcome, but the very foundation of our nation. It is the rule of law that has held us together despite our differences, while other nations have faltered, and it is the rule of law that has made the United States a beacon to the world, a nation that others aspire to emulate.
This is not to say that we have never strayed from our ideals - but we have always returned to them quickly. Some of our greatest presidents, including Abraham Lincoln and Franklin Roosevelt, made decisions in the midst of crisis that history has judged harshly. But the measure of our greatness as a nation is that we have always quickly righted our missteps, reevaluated our judgments, and corrected our policies.
During the Civil War, President Lincoln suspended the writ of habeas corpus on eight separate occasions. By the end of the war, Lincoln had suspended the writ throughout the entire United States and authorized his military commanders to detain and imprison any person who was guilty of any "disloyal act or practice."
During World War II, in the months after Pearl Harbor, almost 120,000 individuals of Japanese descent, two-thirds of whom were American citizens, were ordered to leave their homes in California, Washington, Oregon, and Arizona and told to report to detention camps in which they were confined for some three years, surrounded by barbed wire and military police. No charges were ever brought against these men, women, and children. There were no hearings, no findings of sabotage, espionage, or disloyalty. They were ordered to bring only what they could carry. Most families lost everything, most importantly, their liberty.
Although the Supreme Court upheld the constitutionality of the internment order, rejecting the proposition that it was infected by "racial prejudice," this decision has come to be regarded as a dark moment in American constitutional history. In a courageous dissenting opinion, Justice Frank Murphy described the Court's decision in Korematsu as the "legalization of racism." I do not relate this history in order to criticize, but because it can inform our understanding of the present and the challenges we currently face.
Once again, we are at a crucial juncture in the history of our country. We face a grave threat in the form of an enemy so bent on our destruction that they are willing to sacrifice their own lives in order to take the lives of innocent civilians. Accordingly, since September 11, 2001, there have been many changes made to the way our country seeks to protect itself, and we will continue to explore new ways to keep our fellow citizens safe from harm. But we will ensure that all of the measures we take - new and old - are consistent with the principles and values that have made our nation strong for more than 200 years.
There is no doubt that the challenges before us are extraordinary. But we will not be ruled by fear. We will face the challenges before us without diminishing our respect for the rule of law. We will guard our rights and freedoms while protecting our national security, and by doing so repair our standing in the world and regain the trust of our friends and allies.
As you know, within days of taking the oath of office, President Obama signed several executive orders related to the treatment of detainees and enemy combatants. The first of these executive orders calls for an immediate review of the status of all individuals currently being held at the Guantanamo Bay Naval Base and orders the closure of that facility within one year.
This order establishes an interagency task force across all relevant Departments--including our government's foremost military and security experts--to assemble and examine relevant information, and to make recommendations regarding the proper disposition for each individual currently detained at Guantanamo Bay, including, in some cases, prosecution or transfer consistent with our national security and foreign policy interests.
Last week, I visited Guantanamo Bay and toured the facility. My trip reinforced my belief that while closing the detention center will be no easy task, it is one that must be done. The closure of Guantanamo has come to symbolize - to our citizens and to our global partners - the depth of our commitment to the rule of law. This is why President Obama and I believe that ultimately, closing Guantanamo will make us safer and stronger.
The review process begun by the President's executive order is already underway. Early last week, the interagency panel reviewed the case of Binyam Mohammed and determined that his transfer, pursuant to an arrangement between the United States and the United Kingdom, was consistent with the national security and foreign policy interests of the United States and in the interests of Justice.
The President also ordered an interagency task force to consider the detention of Ali al-Marri. And as many of you know, on Friday, a federal grand jury in the Central District of Illinois returned a two-count indictment charging al-Marri with providing material support to al-Qaeda and conspiring with others to provide material support to al-Qaeda. As I said then, the Department of Justice is resolved to protect the American people in a manner consistent with our values and to prosecute alleged terrorists to the full extent of the law. The President has made it clear - and I couldn't agree with him more strongly - that we will hold accountable anyone who attempts to harm Americans.
Another of the President's national security executive orders employs an interagency task force to study options for managing the custody of individuals apprehended in connection with terrorist activities. It is our responsibility to find a solution to this issue that employs the rule of law instead of circumventing it. In developing this solution, the task force will engage Members of Congress, the military, the intelligence community, and others who share the interest of confronting this challenge.
In the process of implementing these executive orders and formulating our policy priorities, the Department of Justice is examining all of our anti-terrorism policies to help define how we confront global terrorism in the years to come. We are certain that there is room for improvement, and we are committed to ensuring that we create a system that is strongly rooted in American values.
While many practices will be subject to review under these executive orders, one in particular will not. As I unequivocally stated in my confirmation hearing before the U.S. Senate, waterboarding is torture. My Justice Department will not justify it, rationalize it, or condone it. The sanction of torture is at odds with the history of American jurisprudence and American principles. It undermines our ability to pursue justice fairly, and it puts our own brave soldiers in peril should they ever be captured on a foreign battlefield.
Some have compared the Cold War - which President Kennedy called "our long twilight struggle" - to our current struggle against terrorism. In many ways, this is an apt comparison. The Cold War did not end on a traditional battlefield, and neither will our fight against terrorism. But the comparison is even more compelling because both struggles are ones in which values - ideals and morals - are as important as military strength. As the President has made clear, winning the war on terrorism requires winning the hearts and minds of people around the world. Engaging those hearts and minds is dependent upon our ability to show the world that the United States will once again be a force for positive change in the lives of people across the globe. We must accomplish that goal by setting an example with our ideals, and by rebuilding our partnerships with our allies. We cannot ask other nations to stand by us in a pursuit of justice if we are not viewed as being in pursuit of that ideal ourselves.
I have no doubt that our devotion to this country's founding principles - and to the rule of law - are strong enough to withstand the challenges we face, as they have withstood so many challenges before. History teaches us that the rule of law and our stature in the world are inextricably linked. From the trials at Nuremburg to our victory in the Cold War, our respect for the rule of law has been a powerful tool for promoting our national interest on the international stage. To continue our leading role on that stage, we must adhere to our country's core principles and to its most treasured values. This is our nation's challenge.
Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that school of thought misguided, I fear that in actuality it does more harm than good. I have often said that the test of a great nation is whether it will adhere to its core values not only when it is easy, but also when it is hard. Well, ladies and gentlemen, I have every confidence that we will pass that test. With the support and guidance of Americans like you, no difficulties, no challenges, and no hurdles will deter us from our solemn responsibility to protect our people while we also protect our principles.
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Good morning and thank you for inviting me to join you today. It's a pleasure to be here among friends.
For more than 60 years, the Jewish Council for Public Affairs and its partner agencies have worked to build a more just society. But what's more, JCPA has played a vital role in promoting an interfaith policy dialogue. I applaud the work done by the JCPA to further that dialogue, to engage the public in constructive interfaith discourse, and to always -- always -- seek justice.
It's a special privilege for me to lead the Department of Justice at this moment in its history. My Department has many goals to which we aspire. However, nothing is more important to me than defending our nation and its citizens from acts of terrorism, and ensuring that our government abides by the letter and the spirit of our Constitution.
Some see a tension between these two goals. I - most emphatically - do not. As President Obama said in his inaugural address, there is no contradiction between our safety and our ideals. He correctly characterized it as a "false choice." Yes, we must do everything in our power to thwart the evil aims of those who would do us harm. But we must do so in a manner that preserves, protects, and defends the rights that are enshrined in our Constitution, and the rule of law itself.
There is no reason we cannot wage an effective fight against those who have sworn to harm us while we respect our most honored constitutional traditions. We can never put the welfare of the American people at risk but we can also never choose actions that we know will weaken the legal and moral fiber of our nation.
The rule of law is not, as some have seen it, an obstacle to be overcome, but the very foundation of our nation. It is the rule of law that has held us together despite our differences, while other nations have faltered, and it is the rule of law that has made the United States a beacon to the world, a nation that others aspire to emulate.
This is not to say that we have never strayed from our ideals - but we have always returned to them quickly. Some of our greatest presidents, including Abraham Lincoln and Franklin Roosevelt, made decisions in the midst of crisis that history has judged harshly. But the measure of our greatness as a nation is that we have always quickly righted our missteps, reevaluated our judgments, and corrected our policies.
During the Civil War, President Lincoln suspended the writ of habeas corpus on eight separate occasions. By the end of the war, Lincoln had suspended the writ throughout the entire United States and authorized his military commanders to detain and imprison any person who was guilty of any "disloyal act or practice."
During World War II, in the months after Pearl Harbor, almost 120,000 individuals of Japanese descent, two-thirds of whom were American citizens, were ordered to leave their homes in California, Washington, Oregon, and Arizona and told to report to detention camps in which they were confined for some three years, surrounded by barbed wire and military police. No charges were ever brought against these men, women, and children. There were no hearings, no findings of sabotage, espionage, or disloyalty. They were ordered to bring only what they could carry. Most families lost everything, most importantly, their liberty.
Although the Supreme Court upheld the constitutionality of the internment order, rejecting the proposition that it was infected by "racial prejudice," this decision has come to be regarded as a dark moment in American constitutional history. In a courageous dissenting opinion, Justice Frank Murphy described the Court's decision in Korematsu as the "legalization of racism." I do not relate this history in order to criticize, but because it can inform our understanding of the present and the challenges we currently face.
Once again, we are at a crucial juncture in the history of our country. We face a grave threat in the form of an enemy so bent on our destruction that they are willing to sacrifice their own lives in order to take the lives of innocent civilians. Accordingly, since September 11, 2001, there have been many changes made to the way our country seeks to protect itself, and we will continue to explore new ways to keep our fellow citizens safe from harm. But we will ensure that all of the measures we take - new and old - are consistent with the principles and values that have made our nation strong for more than 200 years.
There is no doubt that the challenges before us are extraordinary. But we will not be ruled by fear. We will face the challenges before us without diminishing our respect for the rule of law. We will guard our rights and freedoms while protecting our national security, and by doing so repair our standing in the world and regain the trust of our friends and allies.
As you know, within days of taking the oath of office, President Obama signed several executive orders related to the treatment of detainees and enemy combatants. The first of these executive orders calls for an immediate review of the status of all individuals currently being held at the Guantanamo Bay Naval Base and orders the closure of that facility within one year.
This order establishes an interagency task force across all relevant Departments--including our government's foremost military and security experts--to assemble and examine relevant information, and to make recommendations regarding the proper disposition for each individual currently detained at Guantanamo Bay, including, in some cases, prosecution or transfer consistent with our national security and foreign policy interests.
Last week, I visited Guantanamo Bay and toured the facility. My trip reinforced my belief that while closing the detention center will be no easy task, it is one that must be done. The closure of Guantanamo has come to symbolize - to our citizens and to our global partners - the depth of our commitment to the rule of law. This is why President Obama and I believe that ultimately, closing Guantanamo will make us safer and stronger.
The review process begun by the President's executive order is already underway. Early last week, the interagency panel reviewed the case of Binyam Mohammed and determined that his transfer, pursuant to an arrangement between the United States and the United Kingdom, was consistent with the national security and foreign policy interests of the United States and in the interests of Justice.
The President also ordered an interagency task force to consider the detention of Ali al-Marri. And as many of you know, on Friday, a federal grand jury in the Central District of Illinois returned a two-count indictment charging al-Marri with providing material support to al-Qaeda and conspiring with others to provide material support to al-Qaeda. As I said then, the Department of Justice is resolved to protect the American people in a manner consistent with our values and to prosecute alleged terrorists to the full extent of the law. The President has made it clear - and I couldn't agree with him more strongly - that we will hold accountable anyone who attempts to harm Americans.
Another of the President's national security executive orders employs an interagency task force to study options for managing the custody of individuals apprehended in connection with terrorist activities. It is our responsibility to find a solution to this issue that employs the rule of law instead of circumventing it. In developing this solution, the task force will engage Members of Congress, the military, the intelligence community, and others who share the interest of confronting this challenge.
In the process of implementing these executive orders and formulating our policy priorities, the Department of Justice is examining all of our anti-terrorism policies to help define how we confront global terrorism in the years to come. We are certain that there is room for improvement, and we are committed to ensuring that we create a system that is strongly rooted in American values.
While many practices will be subject to review under these executive orders, one in particular will not. As I unequivocally stated in my confirmation hearing before the U.S. Senate, waterboarding is torture. My Justice Department will not justify it, rationalize it, or condone it. The sanction of torture is at odds with the history of American jurisprudence and American principles. It undermines our ability to pursue justice fairly, and it puts our own brave soldiers in peril should they ever be captured on a foreign battlefield.
Some have compared the Cold War - which President Kennedy called "our long twilight struggle" - to our current struggle against terrorism. In many ways, this is an apt comparison. The Cold War did not end on a traditional battlefield, and neither will our fight against terrorism. But the comparison is even more compelling because both struggles are ones in which values - ideals and morals - are as important as military strength. As the President has made clear, winning the war on terrorism requires winning the hearts and minds of people around the world. Engaging those hearts and minds is dependent upon our ability to show the world that the United States will once again be a force for positive change in the lives of people across the globe. We must accomplish that goal by setting an example with our ideals, and by rebuilding our partnerships with our allies. We cannot ask other nations to stand by us in a pursuit of justice if we are not viewed as being in pursuit of that ideal ourselves.
I have no doubt that our devotion to this country's founding principles - and to the rule of law - are strong enough to withstand the challenges we face, as they have withstood so many challenges before. History teaches us that the rule of law and our stature in the world are inextricably linked. From the trials at Nuremburg to our victory in the Cold War, our respect for the rule of law has been a powerful tool for promoting our national interest on the international stage. To continue our leading role on that stage, we must adhere to our country's core principles and to its most treasured values. This is our nation's challenge.
Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that school of thought misguided, I fear that in actuality it does more harm than good. I have often said that the test of a great nation is whether it will adhere to its core values not only when it is easy, but also when it is hard. Well, ladies and gentlemen, I have every confidence that we will pass that test. With the support and guidance of Americans like you, no difficulties, no challenges, and no hurdles will deter us from our solemn responsibility to protect our people while we also protect our principles.
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Wednesday, January 28, 2009
Libertarian Party Urges 'No' Vote on Holder
America’s third-largest political party urged the Senate Wednesday to reject the nomination of Eric Holder to be Attorney General, citing his record of hostility to Second Amendment rights.
“The Attorney General is expected to defend our Constitutional rights, not infringe them,” said Libertarian Party spokesman Donny Ferguson. “Gun owners value the precious rights protected by the Second Amendment, and they demand the Senate reject this nomination.”
Nominated by President Barack Obama to lead the Justice Department, Holder earned the ire of gun rights groups while Deputy Attorney General under then-President Bill Clinton, from 1997 to 2000.
Holder supported mandatory licensing and registration of gun owners, banning certain types of legal ammunition, waiting periods for handgun purchases, restricting law-abiding gun owners to purchase only one gun a month and regulations intended to drive gun shows out of existence.
Holder was also a key figure in a 2000 attempt by the Clinton administration to sue several firearms manufacturers who did not agree to restrict certain lawful sales, despite the fact Congress earlier rejected such proposed rules.
The companies were told the government lawsuits would be dropped if they agreed to restrict certain sales to lawful purchasers and stop manufacturing certain types of legal firearms. Only one, Smith & Wesson, agreed.
Holder also sided against gun rights in the Supreme Court’s 2008 District of Columbia v. Heller case seeking to overturn Washington, D.C.’s gun control laws. In a brief, Holder argued the Second Amendment confers collective rights on the government and does not protect individual rights of Americans. The Court ruled otherwise, declaring gun ownership to be an individual right.
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“The Attorney General is expected to defend our Constitutional rights, not infringe them,” said Libertarian Party spokesman Donny Ferguson. “Gun owners value the precious rights protected by the Second Amendment, and they demand the Senate reject this nomination.”
Nominated by President Barack Obama to lead the Justice Department, Holder earned the ire of gun rights groups while Deputy Attorney General under then-President Bill Clinton, from 1997 to 2000.
Holder supported mandatory licensing and registration of gun owners, banning certain types of legal ammunition, waiting periods for handgun purchases, restricting law-abiding gun owners to purchase only one gun a month and regulations intended to drive gun shows out of existence.
Holder was also a key figure in a 2000 attempt by the Clinton administration to sue several firearms manufacturers who did not agree to restrict certain lawful sales, despite the fact Congress earlier rejected such proposed rules.
The companies were told the government lawsuits would be dropped if they agreed to restrict certain sales to lawful purchasers and stop manufacturing certain types of legal firearms. Only one, Smith & Wesson, agreed.
Holder also sided against gun rights in the Supreme Court’s 2008 District of Columbia v. Heller case seeking to overturn Washington, D.C.’s gun control laws. In a brief, Holder argued the Second Amendment confers collective rights on the government and does not protect individual rights of Americans. The Court ruled otherwise, declaring gun ownership to be an individual right.
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Thursday, January 15, 2009
Stephen Halbrook Testifies Against Confirmation of Eric Holder for Attorney General at Senate Judiciary Committee Hearing
/PRNewswire-USNewswire/ -- Today the Senate Judiciary Committee is holding a hearing for the controversial nomination of Eric Holder to the position of Attorney General of the United States.
Independent Institute Research Fellow and attorney Stephen Halbrook is among the witnesses testifying, arguing that Holder's reputation as a steadfast opponent of Second Amendment rights makes him an unfit candidate for the job.
Halbrook, author of the new Institute book The Founders' Second Amendment: Origins of the Right to Bear Arms, filed an amicus brief on behalf of more than 300 members of Congress in the recent Supreme Court case District of Columbia v. Heller. But the landmark decision, affirming an individual right in the Second Amendment, conflicts with Holder's track record, claims Halbrook. In fact, Holder joined in a brief arguing that the Second Amendment only concerns the "State's operation of a well-regulated militia" and does not protect an individual right, a position at odds with President-elect Barack Obama's approval of Heller.
"When Mr. Holder served as Deputy Attorney General (1997-2001) and Acting Attorney General (2001), the Department of Justice implemented policies hostile to Second Amendment rights," states Halbrook in his prepared written testimony. "In the establishment of the national instant criminal background check system ('NICS') in 1998, the Department claimed the authority to keep records on lawful firearm purchasers for an alleged 'audit log' for six months, despite the law's requirement that such records be destroyed and its prohibition on registration of firearm owners."
"In that same period, the Department circulated draft legislation that would be included in a bill introduced by Congressman John Conyers as H.R. 1768 (106th Cong., 1999). The bill would have: Imposed felony penalties on a person who planned a gun show without registering with and reporting to ATF; made it unlawful for persons under age 21 to possess firearms, even though they vote, serve on juries, and serve in the military; imposed a 3-day waiting period, and limited handgun purchases to one per month."
"After terrorists struck with box cutters on 9/11, Mr. Holder responded with an op ed arguing for 'background checks on all gun sales,' which would have extended felony penalties to the otherwise innocent, intrastate conduct of law-abiding private individuals. He added: 'Congress should also pass legislation that would give the Bureau of Alcohol, Tobacco and Firearms a record of every firearm sale.' Under the guise of combating terrorism, every American firearm owner would thus be registered with the government," Halbrook states.
Continuing to reveal Holder as a staunch opponent of the Second Amendment, Halbrook concludes, "Eric Holder has taken a constricted view of Second Amendment rights. Millions of law-abiding Americans exercise the right to keep and bear arms. Mr. Holder's opinion is that the people have no such right unless they are commanded to exercise it in a formal militia, which renders the right meaningless... Many Americans have reason to be uneasy about Mr. Holder's nomination for Attorney General. They deserve to have a person in this role who is committed to upholding all parts of the Constitution, including the Second Amendment. Unfortunately, Mr. Holder has proven himself not to be that person."
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Independent Institute Research Fellow and attorney Stephen Halbrook is among the witnesses testifying, arguing that Holder's reputation as a steadfast opponent of Second Amendment rights makes him an unfit candidate for the job.
Halbrook, author of the new Institute book The Founders' Second Amendment: Origins of the Right to Bear Arms, filed an amicus brief on behalf of more than 300 members of Congress in the recent Supreme Court case District of Columbia v. Heller. But the landmark decision, affirming an individual right in the Second Amendment, conflicts with Holder's track record, claims Halbrook. In fact, Holder joined in a brief arguing that the Second Amendment only concerns the "State's operation of a well-regulated militia" and does not protect an individual right, a position at odds with President-elect Barack Obama's approval of Heller.
"When Mr. Holder served as Deputy Attorney General (1997-2001) and Acting Attorney General (2001), the Department of Justice implemented policies hostile to Second Amendment rights," states Halbrook in his prepared written testimony. "In the establishment of the national instant criminal background check system ('NICS') in 1998, the Department claimed the authority to keep records on lawful firearm purchasers for an alleged 'audit log' for six months, despite the law's requirement that such records be destroyed and its prohibition on registration of firearm owners."
"In that same period, the Department circulated draft legislation that would be included in a bill introduced by Congressman John Conyers as H.R. 1768 (106th Cong., 1999). The bill would have: Imposed felony penalties on a person who planned a gun show without registering with and reporting to ATF; made it unlawful for persons under age 21 to possess firearms, even though they vote, serve on juries, and serve in the military; imposed a 3-day waiting period, and limited handgun purchases to one per month."
"After terrorists struck with box cutters on 9/11, Mr. Holder responded with an op ed arguing for 'background checks on all gun sales,' which would have extended felony penalties to the otherwise innocent, intrastate conduct of law-abiding private individuals. He added: 'Congress should also pass legislation that would give the Bureau of Alcohol, Tobacco and Firearms a record of every firearm sale.' Under the guise of combating terrorism, every American firearm owner would thus be registered with the government," Halbrook states.
Continuing to reveal Holder as a staunch opponent of the Second Amendment, Halbrook concludes, "Eric Holder has taken a constricted view of Second Amendment rights. Millions of law-abiding Americans exercise the right to keep and bear arms. Mr. Holder's opinion is that the people have no such right unless they are commanded to exercise it in a formal militia, which renders the right meaningless... Many Americans have reason to be uneasy about Mr. Holder's nomination for Attorney General. They deserve to have a person in this role who is committed to upholding all parts of the Constitution, including the Second Amendment. Unfortunately, Mr. Holder has proven himself not to be that person."
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As Eric Holder Faces A Nomination Hearing For Attorney General, Will He Continue To Show A Lack Of Judgment And Independence?
/PRNewswire-USNewswire/ -- The following was released today by the Republican National Committee:
In August 1999, President Bill Clinton Offered Clemency To 16 Former Members Of The Puerto Rican Terrorist Group The Armed Forces Of National Liberation (FALN). "The dustup began Aug. 11, when the President offered clemency to 16 former members of the FALN..." (Edward Lewine, "How Bill Chose Clemency," [New York] Daily News, 9/5/99)
-- FALN Was Responsible For Bombings In The 1970s And 1980s That Killed
Six People. "The FALN was responsible for a wave of bombings in the
late 1970s and early 1980s that left six dead, although none of those
freed were tied to any deaths." (Shannon McCaffrey, "Reno: Puerto
Rican Terrorists An 'Ongoing Threat'," The Associated Press, 10/20/99)
Deputy Attorney General Eric Holder Played A Major Role In The FALN Clemency Decision According To FALN Documents And Memos. "Holder, a Barbadian immigrant's son who grew up in Queens and received his law degree from Columbia, has played major roles in the probe of Democratic funny-money in the 1996 elections, the Sexgate scandal and the recommendation to President Clinton on whether to free FALN terrorists from jail. A list of FALN documents withheld from Congress shows that many memos on the FALN clemency decision went directly to Holder, while Reno's role was minimal." (Brian Blomquist, "Ailing Reno Yielding Reins Of Justice," New York Post, 12/1 5/99)
Although The FBI Opposed Clemency, Holder Supported Clemency For The FALN Members. "Although The New York Times reported that the FBI, Bureau of Prisons and U.S. state attorneys opposed clemency, Deputy Attorney General Eric Holder, the Justice Department official most involved with this issue, reportedly supported clemency. 'Eric Holder told me he was recommending that,' a high-ranking official said. Ruff also supported clemency, sources said. Holder declined to comment." (Edward Lewine, "How Bill Chose Clemency," [New York] Daily News, 9/5/99)
In 1997, Holder Met With Three Members Of Congress And Made Recommendations To Them About How The FALN Members Could More Easily Be Granted Clemency. "The committee's documents show that Mr. Adams and Eric Holder, the Deputy Attorney General, met on Nov. 5, 1997, with Representative Luis V. Gutierrez, Democrat of Illinois, and Representatives Jose E. Serrano of the Bronx and Nydia M. Velazquez of Brooklyn, both Democrats, to discuss the case of the Puerto Rican inmates. According to Mr. Adams's notes, Mr. Holder told the members of Congress that because the prisoners had not applied themselves for clemency this could be taken that they were not repentant, and he suggested that a statement expressing some remorse might help. In their testimony today, both Mr. Adams and Mr. Holder declined to answer several questions about how the clemency decision was reached, citing executive privilege. Both said, however, that the Justice Department had acted appropriately throughout the process." (Neil A. Lewis, "Records Show Puerto Ricans Got U.S. Help With Clemency," The New York Times, 10/21/99)
Holder Played A Major Role When President Clinton Pardoned Fugitive Marc Rich In His Final Week In Office:
During His Final Week In Office, President Bill Clinton Pardoned Marc Rich, An International Financer Who In 1983 Was Indicted For Evading Nearly $50 Million In Taxes. "As one of his last official acts, Mr. Clinton released a list of almost 140 people to whom he had granted pardons, which restore civil rights like voting, or commutations, which shorten prison terms. Many of the people from the metropolitan area were white-collar criminals who had committed financial fraud or similar acts, including Marc Rich, a commodities trader wanted for evading nearly $50 million in taxes." (Edward Wong and Sherri Day, "Former Terrorist Is Among Those Pardoned Or Freed In Clinton's Final Acts In Office," The New York Times, 1/21/01)
A Report By The House Government Reform Committee Said That Eric Holder Played A Major Role In The Pardon Of Marc Rich. "A forthcoming Congressional report on the last-minute pardons by President Bill Clinton says Deputy Attorney General Eric H. Holder Jr. was a 'willing participant in the plan to keep the Justice Department from knowing about and opposing' a pardon for Marc Rich, the financier. ... Mr. Holder, the report says, played a major role, steering Mr. Rich's lawyers toward Jack Quinn, a former White House counsel. Mr. Rich hired Mr. Quinn, whose Washington contacts and ability to lobby the president made the difference, according to the report. It says that Mr. Holder's support for the pardon and his failure to alert prosecutors of a pending pardon were just as crucial." (Allison Leigh Cowan, "Panel Says Top Justice Dept. Aide Held Information On Rich's Pardon," The New York Times, 3/13/02)
Documents Emerged That Indicated Holder Knew Of Pardon "Well In Advance" And Gave Rich's Lawyer Jack Quinn "Public-Relations" Advice. "New documents suggest ex-Deputy Attorney General Eric Holder knew about Bill Clinton's controversial pardon of fugitive felon Marc Rich well in advance - contrary to Holder's claims. The memos raise the question of why Holder failed to notify Manhattan U.S. Attorney Mary Jo White and the FBI in time for them to argue strongly against the pardon, as he knew they would. Rich's lawyer, Jack Quinn, Clinton's former White House counsel, released his own memos and e-mails yesterday. They buttress his claim that Holder supported - or at least didn't oppose - the pardon, met with Quinn to discuss it, and even gave Quinn public-relations advice on getting out the 'legal merits' of the case." (Brian Blomquist, "Memos Add To Furor Over Rich's Pardon," New York Post, 2/2/01)
-- Holder Had Close Relationship With Rich's Lawyer And Delivered
"Crucial" Endorsement Of Pardon. "The lawyer Mr. Rich selected, the
former White House counsel Jack Quinn, turned out to have the
connections that counted most. He had a close relationship with Eric
Holder, the deputy attorney general at the time. It was Mr. Holder who
delivered a lukewarm but crucial endorsement of the pardon in the
waning hours of the Clinton presidency." (Alison Leigh Cowan,
"Plotting A Pardon," The New York Times, 4/11/01)
-- Rich's Attorney Had Been In Touch With Holder About The Pardon.
"International financier Marc Rich's attorney said yesterday that he
told Deputy Attorney General Eric Holder two months ago that he would
be seeking a pardon for Rich and that Holder told him later that he
had no problem with the clemency plea." (James V. Grimaldi and Robert
O'Harrow Jr., "Recollections At Odds On Pardon," The Washington Post,
1/26/01)
Holder Was Involved In The Seizure Of Elian Gonzalez And His Return To Cuba:
Then-Deputy Attorney General Eric Holder Was Involved In The Seizure Of Elian Gonzalez And His Return To Cuba. "At issue ... legal advisor Eric Holder, a member of Obama's vice-presidential search committee who was deputy attorney general when the 6-year-old boy was seized by federal agents and returned to Cuba." (Beth Reinhard, "Elian Saga Might Hound Obama Visit," The Miami Herald, 6/19/08)
-- Holder Defended The Right Of The Federal Government To Seize Gonzalez
By Force. "The Justice Department yesterday warned the Miami relatives
of Elian Gonzalez that force could be used 'if it becomes necessary'
to return the boy to his father. 'We have that power,' said Deputy
Attorney General Eric Holder." (Richard Sisk, "Gov't Says Force An
Option Reunite Father, Son," [New York] Daily News, 4/7/00)
-- Holder Also Defended The Use Of Guns In The Raid. "Mr. Holder said his
agents were heavily armed when they entered the house because they had
'intelligence that the possibility existed there were guns in the
house. We had to make sure our people were protected and they were in
a position to protect people within the house. I don't know if there
were any guns in the house. I don't know if they found any guns. We
had to deal, however, with the intelligence we had that we got from
local sources and make sure everybody was adequately protected.'
Apparently no guns were found." (Jerry Seper and Clarence Williams,
"Holder Defends Sudden Raid For Elian," The Washington Times, 4/24/00)
Holder Also Engaged In Lobbying For A Controversial Company:
In 2002, Eric Holder Lobbied On Behalf Of Global Crossing After The Company Had Accumulated Nearly $12 Million In Debt. "Smelling blood in the water, Republicans now plan to pounce on another member of Obama's veep-selection committee, former Deputy Attorney General Eric Holder, for his lobbying on behalf of telecom giant Global Crossing. Holder lobbied for the company, which underwent one of the largest bankruptcies in American history after racking up nearly $12 million in debt, as it emerged from bankruptcy in 2002, Senate lobbying disclosure documents reveal." (Charles Hurt and Geoff Earle, "O's Veep Hunter Quits," New York Post, 6/12/08)
Eric Holder Helped Chiquita Secure A "Slap-On-The-Wrist Plea Deal" Related To Their Involvement With Columbian Paramilitary Forces:
As An Attorney At Covington& Burling, Holder Has Represented Many High-Profile Clients, Including Chiquita. "And if Holder's partners at Covington were listening -- a highly unlikely prospect -- there would have been a collective sigh of relief at his response; in seven years at the firm Holder has become a sought-after attorney, with high-profile assignments from the National Football League, Merck & Co. Inc. and Chiquita last year alone." (Andrew Longstreth, "Making History With Obama," The American Lawyer, 6/5/08)
-- "[H]older Helped Chiquita Secure A Slap-On-The-Wrist Plea Deal To
Charges That It Had Paid Off The Terrorists." (Andrew Longstreth,
"Making History With Obama," The American Lawyer, 6/5/08)
In 2007, Ohio-Based Chiquita Brands International Admitted To Paying $1.7 Million To "Right-Wing Death Squads That Have Killed Thousands." "Colombia's attorney general said Tuesday that his office would try to seek the extradition of eight executives from Chiquita Brands International, the Ohio banana company that last week admitted to paying $1.7 million to right-wing death squads that have killed thousands in this country's long civil conflict." (Juan Forero, "Colombia May Seek Chiquita Extraditions," The Washington Post, 3/21/07)
-- Chiquita Reached An Agreement With The Justice Department When The
Company Plead Guilty To Doing Business With The Paramilitary Group And
Paid A $25 Million Fine. "In deal with the Justice Department,
Chiquita last week agreed to plead guilty to doing business with the
United Self-Defense Forces of Colombia... In agreeing to pay a $25
million fine, the company characterized the payments as extortion that
helped protect banana workers in the northwest Uraba region near the
border with Panama." (Juan Forero, "Colombia May Seek Chiquita
Extraditions," The Washington Post, 3/21/07)
The Paramilitary Organization Had Been Declared An "International Terrorist Group" By The State Department In 2001. "Chiquita admitted making payments to the paramilitaries from 1997 to 2004, which Iguaran said violated Colombian law. On Sept. 10, 2001, the State Department declared the AUC, as the paramilitary coalition is known, an international terrorist group, making it a violation of U.S. law for a U.S. company to conduct business with the organization." (Juan Forero, "Colombia May Seek Chiquita Extraditions," The Washington Post, 3/21/07)
Chiquita's Case Was The "First Time A Major U.S. Company Was Charged With Having Financial Dealings With Terrorists." "In March of this year, Chiquita pled guilty to engaging in transactions with a terrorist group and agreed to pay $25 million in fines, the first time a major U.S. company was charged with having financial dealings with terrorists." (Laurie P. Cohen, "Chiquita Under The Gun," The Wall Street Journal, 8/2/07) .
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In August 1999, President Bill Clinton Offered Clemency To 16 Former Members Of The Puerto Rican Terrorist Group The Armed Forces Of National Liberation (FALN). "The dustup began Aug. 11, when the President offered clemency to 16 former members of the FALN..." (Edward Lewine, "How Bill Chose Clemency," [New York] Daily News, 9/5/99)
-- FALN Was Responsible For Bombings In The 1970s And 1980s That Killed
Six People. "The FALN was responsible for a wave of bombings in the
late 1970s and early 1980s that left six dead, although none of those
freed were tied to any deaths." (Shannon McCaffrey, "Reno: Puerto
Rican Terrorists An 'Ongoing Threat'," The Associated Press, 10/20/99)
Deputy Attorney General Eric Holder Played A Major Role In The FALN Clemency Decision According To FALN Documents And Memos. "Holder, a Barbadian immigrant's son who grew up in Queens and received his law degree from Columbia, has played major roles in the probe of Democratic funny-money in the 1996 elections, the Sexgate scandal and the recommendation to President Clinton on whether to free FALN terrorists from jail. A list of FALN documents withheld from Congress shows that many memos on the FALN clemency decision went directly to Holder, while Reno's role was minimal." (Brian Blomquist, "Ailing Reno Yielding Reins Of Justice," New York Post, 12/1 5/99)
Although The FBI Opposed Clemency, Holder Supported Clemency For The FALN Members. "Although The New York Times reported that the FBI, Bureau of Prisons and U.S. state attorneys opposed clemency, Deputy Attorney General Eric Holder, the Justice Department official most involved with this issue, reportedly supported clemency. 'Eric Holder told me he was recommending that,' a high-ranking official said. Ruff also supported clemency, sources said. Holder declined to comment." (Edward Lewine, "How Bill Chose Clemency," [New York] Daily News, 9/5/99)
In 1997, Holder Met With Three Members Of Congress And Made Recommendations To Them About How The FALN Members Could More Easily Be Granted Clemency. "The committee's documents show that Mr. Adams and Eric Holder, the Deputy Attorney General, met on Nov. 5, 1997, with Representative Luis V. Gutierrez, Democrat of Illinois, and Representatives Jose E. Serrano of the Bronx and Nydia M. Velazquez of Brooklyn, both Democrats, to discuss the case of the Puerto Rican inmates. According to Mr. Adams's notes, Mr. Holder told the members of Congress that because the prisoners had not applied themselves for clemency this could be taken that they were not repentant, and he suggested that a statement expressing some remorse might help. In their testimony today, both Mr. Adams and Mr. Holder declined to answer several questions about how the clemency decision was reached, citing executive privilege. Both said, however, that the Justice Department had acted appropriately throughout the process." (Neil A. Lewis, "Records Show Puerto Ricans Got U.S. Help With Clemency," The New York Times, 10/21/99)
Holder Played A Major Role When President Clinton Pardoned Fugitive Marc Rich In His Final Week In Office:
During His Final Week In Office, President Bill Clinton Pardoned Marc Rich, An International Financer Who In 1983 Was Indicted For Evading Nearly $50 Million In Taxes. "As one of his last official acts, Mr. Clinton released a list of almost 140 people to whom he had granted pardons, which restore civil rights like voting, or commutations, which shorten prison terms. Many of the people from the metropolitan area were white-collar criminals who had committed financial fraud or similar acts, including Marc Rich, a commodities trader wanted for evading nearly $50 million in taxes." (Edward Wong and Sherri Day, "Former Terrorist Is Among Those Pardoned Or Freed In Clinton's Final Acts In Office," The New York Times, 1/21/01)
A Report By The House Government Reform Committee Said That Eric Holder Played A Major Role In The Pardon Of Marc Rich. "A forthcoming Congressional report on the last-minute pardons by President Bill Clinton says Deputy Attorney General Eric H. Holder Jr. was a 'willing participant in the plan to keep the Justice Department from knowing about and opposing' a pardon for Marc Rich, the financier. ... Mr. Holder, the report says, played a major role, steering Mr. Rich's lawyers toward Jack Quinn, a former White House counsel. Mr. Rich hired Mr. Quinn, whose Washington contacts and ability to lobby the president made the difference, according to the report. It says that Mr. Holder's support for the pardon and his failure to alert prosecutors of a pending pardon were just as crucial." (Allison Leigh Cowan, "Panel Says Top Justice Dept. Aide Held Information On Rich's Pardon," The New York Times, 3/13/02)
Documents Emerged That Indicated Holder Knew Of Pardon "Well In Advance" And Gave Rich's Lawyer Jack Quinn "Public-Relations" Advice. "New documents suggest ex-Deputy Attorney General Eric Holder knew about Bill Clinton's controversial pardon of fugitive felon Marc Rich well in advance - contrary to Holder's claims. The memos raise the question of why Holder failed to notify Manhattan U.S. Attorney Mary Jo White and the FBI in time for them to argue strongly against the pardon, as he knew they would. Rich's lawyer, Jack Quinn, Clinton's former White House counsel, released his own memos and e-mails yesterday. They buttress his claim that Holder supported - or at least didn't oppose - the pardon, met with Quinn to discuss it, and even gave Quinn public-relations advice on getting out the 'legal merits' of the case." (Brian Blomquist, "Memos Add To Furor Over Rich's Pardon," New York Post, 2/2/01)
-- Holder Had Close Relationship With Rich's Lawyer And Delivered
"Crucial" Endorsement Of Pardon. "The lawyer Mr. Rich selected, the
former White House counsel Jack Quinn, turned out to have the
connections that counted most. He had a close relationship with Eric
Holder, the deputy attorney general at the time. It was Mr. Holder who
delivered a lukewarm but crucial endorsement of the pardon in the
waning hours of the Clinton presidency." (Alison Leigh Cowan,
"Plotting A Pardon," The New York Times, 4/11/01)
-- Rich's Attorney Had Been In Touch With Holder About The Pardon.
"International financier Marc Rich's attorney said yesterday that he
told Deputy Attorney General Eric Holder two months ago that he would
be seeking a pardon for Rich and that Holder told him later that he
had no problem with the clemency plea." (James V. Grimaldi and Robert
O'Harrow Jr., "Recollections At Odds On Pardon," The Washington Post,
1/26/01)
Holder Was Involved In The Seizure Of Elian Gonzalez And His Return To Cuba:
Then-Deputy Attorney General Eric Holder Was Involved In The Seizure Of Elian Gonzalez And His Return To Cuba. "At issue ... legal advisor Eric Holder, a member of Obama's vice-presidential search committee who was deputy attorney general when the 6-year-old boy was seized by federal agents and returned to Cuba." (Beth Reinhard, "Elian Saga Might Hound Obama Visit," The Miami Herald, 6/19/08)
-- Holder Defended The Right Of The Federal Government To Seize Gonzalez
By Force. "The Justice Department yesterday warned the Miami relatives
of Elian Gonzalez that force could be used 'if it becomes necessary'
to return the boy to his father. 'We have that power,' said Deputy
Attorney General Eric Holder." (Richard Sisk, "Gov't Says Force An
Option Reunite Father, Son," [New York] Daily News, 4/7/00)
-- Holder Also Defended The Use Of Guns In The Raid. "Mr. Holder said his
agents were heavily armed when they entered the house because they had
'intelligence that the possibility existed there were guns in the
house. We had to make sure our people were protected and they were in
a position to protect people within the house. I don't know if there
were any guns in the house. I don't know if they found any guns. We
had to deal, however, with the intelligence we had that we got from
local sources and make sure everybody was adequately protected.'
Apparently no guns were found." (Jerry Seper and Clarence Williams,
"Holder Defends Sudden Raid For Elian," The Washington Times, 4/24/00)
Holder Also Engaged In Lobbying For A Controversial Company:
In 2002, Eric Holder Lobbied On Behalf Of Global Crossing After The Company Had Accumulated Nearly $12 Million In Debt. "Smelling blood in the water, Republicans now plan to pounce on another member of Obama's veep-selection committee, former Deputy Attorney General Eric Holder, for his lobbying on behalf of telecom giant Global Crossing. Holder lobbied for the company, which underwent one of the largest bankruptcies in American history after racking up nearly $12 million in debt, as it emerged from bankruptcy in 2002, Senate lobbying disclosure documents reveal." (Charles Hurt and Geoff Earle, "O's Veep Hunter Quits," New York Post, 6/12/08)
Eric Holder Helped Chiquita Secure A "Slap-On-The-Wrist Plea Deal" Related To Their Involvement With Columbian Paramilitary Forces:
As An Attorney At Covington& Burling, Holder Has Represented Many High-Profile Clients, Including Chiquita. "And if Holder's partners at Covington were listening -- a highly unlikely prospect -- there would have been a collective sigh of relief at his response; in seven years at the firm Holder has become a sought-after attorney, with high-profile assignments from the National Football League, Merck & Co. Inc. and Chiquita last year alone." (Andrew Longstreth, "Making History With Obama," The American Lawyer, 6/5/08)
-- "[H]older Helped Chiquita Secure A Slap-On-The-Wrist Plea Deal To
Charges That It Had Paid Off The Terrorists." (Andrew Longstreth,
"Making History With Obama," The American Lawyer, 6/5/08)
In 2007, Ohio-Based Chiquita Brands International Admitted To Paying $1.7 Million To "Right-Wing Death Squads That Have Killed Thousands." "Colombia's attorney general said Tuesday that his office would try to seek the extradition of eight executives from Chiquita Brands International, the Ohio banana company that last week admitted to paying $1.7 million to right-wing death squads that have killed thousands in this country's long civil conflict." (Juan Forero, "Colombia May Seek Chiquita Extraditions," The Washington Post, 3/21/07)
-- Chiquita Reached An Agreement With The Justice Department When The
Company Plead Guilty To Doing Business With The Paramilitary Group And
Paid A $25 Million Fine. "In deal with the Justice Department,
Chiquita last week agreed to plead guilty to doing business with the
United Self-Defense Forces of Colombia... In agreeing to pay a $25
million fine, the company characterized the payments as extortion that
helped protect banana workers in the northwest Uraba region near the
border with Panama." (Juan Forero, "Colombia May Seek Chiquita
Extraditions," The Washington Post, 3/21/07)
The Paramilitary Organization Had Been Declared An "International Terrorist Group" By The State Department In 2001. "Chiquita admitted making payments to the paramilitaries from 1997 to 2004, which Iguaran said violated Colombian law. On Sept. 10, 2001, the State Department declared the AUC, as the paramilitary coalition is known, an international terrorist group, making it a violation of U.S. law for a U.S. company to conduct business with the organization." (Juan Forero, "Colombia May Seek Chiquita Extraditions," The Washington Post, 3/21/07)
Chiquita's Case Was The "First Time A Major U.S. Company Was Charged With Having Financial Dealings With Terrorists." "In March of this year, Chiquita pled guilty to engaging in transactions with a terrorist group and agreed to pay $25 million in fines, the first time a major U.S. company was charged with having financial dealings with terrorists." (Laurie P. Cohen, "Chiquita Under The Gun," The Wall Street Journal, 8/2/07) .
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