Attorney General-designee Eric Holder's confirmation hearing at the Judiciary Committee is now underway, and if you want to know what's coming, here's a column to preview the dynamics of Holder's confirmation -- it's all about independence and integrity:
No one is disputing Holder's qualifications. How could you? A degree from Columbia Law, a staff position at the Department of Justice, a stint as a judge in D.C.'s Superior Court, then U.S. attorney, then as deputy attorney general, now a partner at a major law firm, legal adviser to the president-elect, and chief vetter of Obama's vice president. That's one reason that nearly every major civil-rights group, law-enforcement organization, and crime victim's lobby in the country have endorsed Holder's nomination. But anyone with a resume so extensive also has had plenty of time to have a few skeletons accumulate in his closet. And after the dismal record of the Department of Justice during the last administration, a politically independent attorney general is more important than ever.
So far, we've had various opening statements and introductions, and Committee Chair Patrick Leahy has kicked off the hearing dealing with a few pet issues, getting Holder to agree with him that waterboarding is torture, no one is above the law, a federal shield law for reporters is a good idea. Then Leahy brought up the Marc Rich case, giving Holder a chance to get his views out in the open before the Republicans' cross-examination. Here's what he had to say (this is a rough transcript):
My conduct, my actions, in the Rich matter was a place where I made mistakes. I have never said anything other than that, I appeared before two congressional committees and said nothing but that, I've accepted the responsibility of making those mistakes, never tried to hide, never tried to blame anyone else. Given the opportunity to do it again, I would do it differently. It remains the most intense, the most searing experience I've ever had as a lawyer. I've learned from that experience and I think that perverse as this might sound, I will be a better Attorney General, should I be confirmed, having had the Marc Rich experience.
The ranking Republican senator, Arlen Specter, wasn't impressed, and kicked off his questioning by observing that "when you look at the hard facts, it's hard to see how you came to the conclusion that you did." But after a series of questions on specifics of the Rich case, Specter was unable to get much of out of Holder, who pushed back delicately against the senator's attempts to draw out unethical behavior by Holder. The potential A.G. even denied one prominent press account reporting that, during a corporate dinner, Holder pointed out former White House counsel Jack Quinn to an advocate of Rich's pardon as the kind of lawyer who could secure a pardon.
He also says he will resign if Obama's behavior compromises his ability to serve as "the people's lawyer."
Oh, and Guantanamo will be closed.
-- Tim Fernholz
