{"id":8633,"date":"2015-08-19T12:11:03","date_gmt":"2015-08-19T16:11:03","guid":{"rendered":"http:\/\/jimbovard.com\/blog\/?p=8633"},"modified":"2016-09-29T11:23:01","modified_gmt":"2016-09-29T15:23:01","slug":"fff-eric-holders-leviathan-loving-legacy","status":"publish","type":"post","link":"https:\/\/jimbovard.com\/blog\/2015\/08\/19\/fff-eric-holders-leviathan-loving-legacy\/","title":{"rendered":"FFF: Eric Holder’s Leviathan-Loving Legacy"},"content":{"rendered":"

from the Future of Freedom Foundation<\/a> –<\/h4>\n

Eric Holder\u2019s Leviathan-Loving Legacy<\/a><\/h2>\n

by James Bovard<\/p>\n

Last summer, Attorney General Eric Holder solemnly declared, \u201cThe name ought to be changed. It\u2019s an offensive name.\u201d Holder observed that despite the organization\u2019s \u201cstoried history,\u201d it could \u201cincrease their fan base\u201d by changing their name \u2014 \u201cif they did something that from my perspective that is so obviously right.\u201d<\/p>\n

Unfortunately, Holder was referring to the name of the Washington football team, not the Justice Department itself. For almost a hundred years critics have rightly scoffed that the executive branch\u2019s most political arm is misnamed and that it is folly to expect justice from the bosses at Main Justice headquarters.<\/p>\n

When Holder announced plans to resign after a six-year reign as attorney general, the media showered him with accolades. The New York Times noted that Holder \u201crelished his place in history as the nation\u2019s first African-American attorney general.\u201d In a farewell ceremony at the White House, Holder gushed, \u201cI have loved the Department of Justice ever since, as a young boy, I watched Robert Kennedy prove during the civil rights movement how the department can and must always be a force for that which is right.\u201d In Holder\u2019s view it is safe to trust the Justice Department with practically unlimited arbitrary power as long as noble people such as himself are in command.<\/p>\n

Holder championed Barack Obama\u2019s power to assassinate people \u2014 including Americans \u2014 solely on the basis of the president\u2019s secret decrees. On March 6, 2012, Holder defended presidentially ordered killings: \u201cDue process and judicial process are not one and the same, particularly when it comes to national security. The Constitution guarantees due process; it does not guarantee judicial process.\u201d TV comedian Stephen Colbert mocked Holder: \u201cTrial by jury; trial by fire; rock, paper, scissors, who cares? Due process just means that there is a process that you do.\u201d For Holder and the Obama administration, reciting certain legal phrases in secret memos was all it took to justify extrajudicial executions.<\/p>\n

Holder insisted that drone attacks \u201care not [assassinations], and the use of that loaded term is misplaced; assassinations are unlawful killings \u2026 the U.S. government\u2019s use of lethal force in self-defense \u2026 would not be unlawful.\u201d The new definition of \u201clawful killing\u201d had become any termination secretly approved by the president or his top advisers. Holder insisted that targeted killings would take place only when there was \u201can imminent threat of violent attack against the United States\u201d \u2014 that the United States is merely taking desperate defensive steps to prevent a slaughter of American troops or civilians. But, as a Los Angeles Times editorial noted, \u201cHolder defined \u2018imminently\u2019 broadly to include action that would head off \u2018future attacks.\u2019\u201d<\/p>\n

Holder sought to reassure Americans by stressing that Congress was overseeing his boss\u2019s targeted-killing program. But no one on Capitol Hill demanded a hearing or an investigation after U.S. drones killed American citizens in Yemen. The craven attitude in Congress was exemplified by House Homeland Security Chairman Peter King (R-N.Y.): \u201cDrones aren\u2019t evil; people are evil. We are a force of good and we are using those drones to carry out the policy of righteousness and goodness.\u201d<\/p>\n

Though Holder had criticized the Bush administration\u2019s warrantless wiretaps before he took office, he became the key defender of the National Security Agency\u2019s email dragnet. After a 2009 Senate Judiciary Committee hearing, Sen. Russell Feingold complained, \u201cI was disappointed by Attorney General Holder\u2019s unwillingness to repeat what both he and President Obama had stated in the past \u2014 that President Bush\u2019s warrantless wiretapping program was illegal. For an administration that has repeatedly stated its intention to restore the rule of law, this episode was a step backward.\u201d<\/p>\n

Even after Edward Snowden had revealed that the NSA was illegally vacuuming up millions of Americans\u2019 email and other communications, Holder falsely proclaimed in June 2013 that \u201cthe government cannot target anyone \u2026 unless there is an appropriate and documented foreign intelligence purpose for the acquisition, such as for the prevention of terrorism, hostile cyber activities, or nuclear proliferation.\u201d But confidential documents revealed that the NSA\u2019s definition of \u201cterrorist suspect\u201d is so ludicrously broad that it includes \u201csomeone searching the web for suspicious stuff.\u201d<\/p>\n

Holder was far more enthusiastic about prosecuting whistleblowers than about deterring crimes by federal agencies. The New York Times noted that \u201cHolder\u2019s Justice Department started more investigations than any of his predecessors into government officials who disclosed information to reporters.\u201d The Justice Department used extremely broad subpoenas to vacuum up journalists\u2019 email and phone records and spent years hounding Times reporter James Risen for articles that exposed some of the follies and deceits of U.S. foreign policy.<\/p>\n

Holder has continued the tradition of previous attorneys general of exonerating government officials who commit politically approved crimes. Though Obama admitted that U.S. government officials were guilty of torture, the only CIA official that Holder prosecuted was John Kirakou, a courageous whistleblower who publicly admitted that the CIA was waterboarding. Holder is also complicit in the Obama administration\u2019s decision to suppress a massive amount of information about illegal interrogation practices that occurred during the prior administration. Law professor Jonathan Turley commented last December, \u201cHolder and the Justice Department proved as much [torture] enablers as did their predecessors in the Bush administration. Soon after taking office, President Obama shocked many by going to the CIA and assuring employees that, despite his recognition of the torture, no one would be prosecuted. Holder and the Justice Department played as great a role in fulfilling that pledge as Justice did in facilitating the [torture] program itself.\u201d<\/p>\n

Loot and killing<\/p>\n

Holder was lavishly praised early this year after he announced that the Justice Department would cease sharing some loot seized from Americans with state and local police under the asset-forfeiture program. A Justice Department official, speaking anonymously, said that Holder\u2019s policy shift sought to \u201celiminate any possibility that the adoption process might unintentionally incentivize unnecessary stops and seizures.\u201d But that was the same incentive that reform advocates condemned in the 1990s and that Holder fought to keep in federal law at the time. In 2009, shortly after he took office, Holder bragged at the Asset Forfeiture National Leadership Conference, \u201cAs Deputy Attorney General, it was my privilege to testify before Congress [in 1999] in support of asset- forfeiture legislation. In that testimony, I emphasized the critical role that asset forfeiture plays not only in the fight against illegal drugs, but in the broader fight against other types of crime.\u201d He also stressed to senators at the time that \u201cthe Asset Forfeiture Program provides vitally important funding for law enforcement.\u201d<\/p>\n

Holder reversed course last month only after a Washington Post expos\u00e9 proved that his favored program created an incentive for lawmen to wrongfully confiscate property from thousands of innocent Americans. He proposed no compensation to the victims of the seizure frenzy he helped unleash.<\/p>\n

Newspapers have also lavished praise on Holder for his declaration this year on Martin Luther King Day about \u201cthe troubling reality \u2026 that we lack the ability right now to comprehensively track\u201d police shootings across the nation. But there was a law on the books that Congress enacted in 1994 to require attorneys general to collect and publish annual data on \u201cthe use of excessive force by law enforcement officers.\u201d Holder, like prior attorneys general, ignored the mandate. And the Justice Department continues covering up killings by federal agents, including a rash of fatal shootings by Border Patrol agents and the FBI killing of 27-year-old Ibragim Todashev during questioning at his Florida apartment in 2013 regarding the Boston Marathon bombing.<\/p>\n

Holder\u2019s behavior regarding that attack captured his often boundless arrogance. When Rep. Louis Gohmert of Texas suggested that \u201cthe FBI blew the opportunity to save people\u2019s lives\u201d after it interviewed but failed to keep track of accused Boston bomber Tamerlan Tsarnaev, Holder went ballistic: \u201cYou don\u2019t know what the FBI did. You don\u2019t know what the FBI\u2019s interaction was with the Russians. You don\u2019t know what questions were put to the Russians, whether those questions were responded to. You simply do not know that. And you have characterized the FBI as being not thorough or taken exception to my characterization of them as being thorough. I know what the FBI did. You cannot know what I know.\u201d And Holder has made sure that members of Congress and mere mortal private citizens don\u2019t know what he knows \u2014 and thus he could continue preening as if he and all his agents should be above criticism.<\/p>\n

Since Obama was lawfully elected, Holder\u2019s Justice Department has acted as if anything that Obama\u2019s appointees chose to do is automatically legal. Thus, the Equal Employment Opportunity Commission concocted a new rule to punish businesses that refuse to hire ex-convicts. Thus, the Department of Housing and Urban Development devised an arbitrary new standard to punish businesses that fail to give preferential treatment to minorities (a policy that the Supreme Court will very likely strike down later this year). Nor has Holder had any complaints about the White House\u2019s frenetic rewriting of the Affordable Care Act to protect Democratic candidates from an anti-Obama-care backlash.<\/p>\n

After Obama himself, Holder bears primary blame for leaving the 2008 promise of \u201chope and change\u201d in the ruins. Holder\u2019s record is profoundly disappointing to anyone who expected the Obama administration to renounce the abuses of the previous administration. Instead, he has championed a Nixonian-style legal philosophy that presumes that any action the president orders is legal.<\/p>\n

This article was published in the May issue of the Future of Freedom<\/a>.<\/p>\n

On Twitter @jimbovard<\/p>\n","protected":false},"excerpt":{"rendered":"

from the Future of Freedom Foundation – Eric Holder\u2019s Leviathan-Loving Legacy by James Bovard Last summer, Attorney General Eric Holder solemnly declared, \u201cThe name ought to be changed. It\u2019s an offensive name.\u201d Holder observed that despite the organization\u2019s \u201cstoried history,\u201d it could \u201cincrease their fan base\u201d by changing their name \u2014 \u201cif they did something […]<\/p>\n","protected":false},"author":1,"featured_media":8015,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[62,539,464,451,113,651,432,47,202,45,297,294,11,164,267,38,165,57,241,14,55,30,26,12,252,472],"class_list":["post-8633","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized","tag-assassination","tag-asset-forfeiture","tag-atrocities","tag-constitution","tag-drug-war","tag-edward-snowden","tag-eric-holder","tag-fbi","tag-fraud","tag-freedom","tag-holder-eric","tag-hud","tag-justice-department","tag-leviathan","tag-nsa","tag-obama","tag-paternalism","tag-police","tag-property-rights","tag-rule-of-law","tag-secrecy","tag-surveillance","tag-terrorism","tag-torture","tag-tyranny","tag-whitewash"],"yoast_head":"\nFFF: Eric Holder's Leviathan-Loving Legacy - 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The Wall Street Journal called Bovard \"the roving inspector general of the modern state\" and Washington Post columnist George Will called him a \"one-man truth squad.\" His 1994 book, Lost Rights: The Destruction of American Liberty, received the Free Press Association\u2019s Mencken Award as Book of the Year. His Terrorism & Tyranny won the Lysander Spooner \"Best Book on Liberty in 2003\" award. He received the Thomas Szasz Award for Civil Liberties work, awarded by the Center for Independent Thought and the Freedom Fund Award from the Firearms Civil Rights Defense Fund of the National Rifle Association. 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