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  • Morning Bell: It's About the Judgment, Senators

    Looking ahead to today’s Senate Judiciary Committee confirmation hearing for Attorney General nominee Eric Holder, ranking member Sen. Arlen Specter (R-PA) says he is worried about Holder’s “ability to maintain his independence from the president.” This is the wrong question. The proper question is one of judgment: Does the nominee demonstrate the kind of judgment necessary to advise the President in a responsible and constitutionally appropriate way? There are at least five issues which raise serious questions about Holder’s judgment:

    Pardoning Terrorists: As deputy attorney general, Holder played an active role in promoting clemency for 16 members of FALN and Los Macheteros, terrorist organizations linked by the FBI to more than 130 bombings and six murders. The Los Angeles Times reported last week that Holder instructed his staff to change its “original report recommending against commutations … with one that favored clemency for at least half the prisoners.” Given the seriousness of their charges, the well-reasoned statements of the pardon attorneys, the strong negative recommendations of the prosecuting attorneys, the presence of an ongoing investigation of the terrorist organizations to which the convicted terrorists had failed to provide assistance, and the failure to provide information about millions in stolen cash, Holder must explain why he considered it appropriate to advocate so aggressively for clemency?

    Second Amendment Rights: In last year’s challenge to the District of Columbia’s gun ban, Holder joined a brief in his capacity as a former DOJ official arguing that the Second Amendment does not provide an individual right for citizens to own firearms. His brief referred to the DOJ’s recognition of “an individual rights theory that accords constitutional protection to the possession and use of firearms for private purposes” as “unwise.” Holder must explain why he argued to unduly restrict the constitutional rights of law abiding citizens, and, more importantly, what he will do to protect law-abiding Americans’ Second Amendment rights, which he has previously disparaged as “unwise”.

    Sixth Amendment Rights: As deputy attorney general, Holder issued what has become known as the Holder Memorandum, in which he directed federal prosecutors to consider whether corporations waived attorney-client privilege or paid for their employees’ attorneys’ fees when determining whether the corporations had cooperated with investigations. The memo encouraged prosecutors to coerce corporations to waive attorney-client privilege and to violate contractual obligations to provide a defense in order to avoid having the full-weight of a federal indictment brought against their companies. For more than three years, a diverse coalition from all quarters of the legal community has been pushing Congress to help repair the damage Holder’s memo did to Americans’ Sixth Amendment guarantee to assistance of counsel. What will Holder do to assure to assure that the DOJ and other agencies respect attorney-client privilege?

    Voting Rights: As Heritage’s Hans von Spakovsky has ably demonstrated, voter fraud is a serious and continuing problem. Given news accounts and pending cases involving voter fraud and voter registration fraud allegedly perpetrated by groups like ACORN, serious questions arise as to whether the DOJ will fulfill its obligation in protecting the franchise of legal voters, whose votes are diminished by the casting of illegal votes. As attorney general, what will Holder do to investigate and prosecute allegations of voter fraud?

    Marc Rich: Holder played a prominent role in the pardon of Marc Rich, recommending his pardon to the White House as “neutral leaning favorable.” Mr. Rich had fled the country after being indicted for racketeering, trading with the enemy (the Ayatollah Khomeini during the period that Iran was holding 52 U.S. hostages), and millions of dollars in tax evasion. Despite the fact that Rich continued to be a fugitive who refused to submit to the U.S. justice system, he was given a pardon, in violation of virtually every conceivable standard ordinarily applied by pardon attorneys. The case is all the more problematic because Rich’s ex-wife gave considerable sums to the Democratic Party ($867,000) and the Clinton Library ($450,000). Given the facts of the case, and the clear appearance of impropriety created by Rich’s ex-wife’s contributions to the Clinton Presidential Library, why did you recommend “neutral leaning favorable” for his pardon request?

    From pardoning terrorists, making dubious legal arguments to attempt to force states to allow felons to vote, to the infamous Holder Memorandum, Holder has demonstrated highly questionable judgment. Therefore, before finalizing its advice and consent, the United States Senate should use the five questions listed above to begin answering the most important query of all: Does Eric Holder demonstrate the kind of judgment necessary to advise and represent the President in a responsible and constitutionally appropriate way?

    Quick Hits:

    Posted in Ongoing Priorities [slideshow_deploy]

    31 Responses to Morning Bell: It's About the Judgment, Senators

    1. Ozzy6900 says:

      Eric Holder is yet another perfect example of what we can expect from the New Administration. And Sen. Arlen Specter (R-PA) is an example of what the Republican Party should be getting rid of!

    2. E.G. FALLAW says:

      THIS IS ANOTHER EXAMPLE OF THE SHORT FALL OF THE OBAMA ADMINISTRATION.THIS IS CLINTON ALL OVER AGAIN.THE LACK OF COMMON SENSE IS UNBELIEVABLE.THIS COUNTRY IS HEADED DOWN A DANGEROUS PATH THAT MAY LEAD TO A REVOLUTON THAT HAS NOT BEEN SEEN IN OVER 200 YEARS.THANKYOU,E.G. FALLAW

    3. Darrel Baird, Kent says:

      Hitler used the very same tactics for appointments

      Stalin used the very same tactics for appointments

      We hear the word "czar" daily

      An A.T. that wants the guns (so did Hitler and Stalin)

      An A.T. that sells freedom to well connected Felons.

      An A.T. that wants Free Interprise to become avenues for his agenda. (So did Hitler . It's called national socialism)

      An A.T. that wants government expediency to override our sixth ammendment.

      IS ANYBODY IN WASHINGTON PAYING ATTENTION !!!!!!!!!

      What the subordinates of this movement should keep in mind is that THE FIRST ONES THAT WERE DESTROYED BY THE FAR RIGHT AND THE FAR LEFT WERE THE VERY SLEASEBAGS THAT WAS USED TO GAIN POWER!

      And of course some well meaning folks ended up collatoral damage .

    4. Beverly Taff says:

      RIGHT, STOP ALL BAILOUTS, THIS IS MADDENING.

    5. Dennis A Social Circ says:

      This is just another sign that the wrong person was elected to the office of President, as well as the wrong party. The dems are bent on the destruction of this country, and leading it into a socialist country. We all need to remember this when the next election comes around. This administration us just a continual process by the Clintons to keep living at tax payer expense, and Obama is helping.I THINK WE ARE GOING THE WRONG WAY!!

    6. Robert Russell, Texa says:

      I just hope we can forestall them long enough for the next elections to come around, and that the elections will be allowed to happen.

      Look what happened in Venezuela.

    7. Ken, Santa Barbara says:

      Darrell,

      The HF is giving you a lot of latitude and way too much credit. Why don't you say what you really feel you need to say.

    8. Mike, Hickory, NC says:

      In other words, did, (and does), Holder and other megalomaniacal Leftist/totalitarian government elitists, both here and in other countries, who did, (and do), and said, (and say), many of the same or similar Leftist/totalitarian government elitist things, really mean it?

      Come to think of it, considering a megalomaniacal Leftist/totalitarian government elitist Obama, (who megalomaniacally "descended, and continues to descend, upon the masses like a Greek God" a-la "the Democrat Convention", et al), and his like-minded, (or at least "agreeable") "appointees" and "nominees", the "confirmation" of all of whom, by a Leftist/government elitist-controlled Congress, is therefore but a foregone conclusion of a mere formality, such questions are thus rendered both self-answering and thus also needless to ask…All too similar to the case of another Collectivist entity of Hollywood fame, known as "The Borg", with a similar attitude "Resistence is futile!"

      So, especially since we should hope that there are yet hundreds of millions of "We the People" who are not in some sort of self-induced blindness and denial seemingly necessary to ask such questions, the answer to this question is glaringly obvious: YES! He (Holder) did, and does, mean it, no matter how he may "deny" or "try "distance himself" now for the sake of "Good PR/Congressional confirmation"!

      After all, only such Leftists/government elitists know what's (to quote such as Holder) "unwise", not (to quote the Constitution) "We the People" ourselves!

    9. Hozro1, Oregon says:

      Eric Holder should not be approved, Eric Holder should be indicted for Treason! Pardoning terrorist, whom mean to harm Americans; removing the rights of Americans to bear arms; removing the privilege of client attorney privilege, conflict of interest involving his wife's donations; his clears misuse as to the intent of the Constitution; et al!

      It is starting to appear that all that was done when Obama was elected was to change "colors" from Clinton!

      We must have a clear and meaningful law established defining the difference between "News" and Opinion" when it comes to the Media.

      It has been over four decades now that the Media has controlled what American's think and vote, by discussing their far left (profit making) opinions as news.

      I, for one, am an American who is fed up with people being lead as sheep by the Judas Goat called the Mass Media.

      Any focus for change must be brought about through and at these enterprises, not the political puppets.

      Hozro

    10. technicalgirl,USA says:

      WAKE UP AMERICA! Write or call your representatives today and every week if necessary. Join the NRA and other conservative organizations while you still can!

    11. Spiritof76, New Hamp says:

      Eric Holder is another example of ruination of the American republic. I don't understand why we still make pretend that we are a free country and a country of laws and not of men.

      God save us all.

    12. Don Severson, Overla says:

      Why are the Republicans on the Committee Senate Hearings for O.'s appointees not challenging Holder and others?

      Count me as one vote against ANY MORE BAIL OUT! All we hear about is MORE SPENDING. In addition to your 2 points yesterday on extending tax cuts, I would like a TAX HOLIDAY as proposed bt Steve More and seconded by Rush Limbaugh!

      Don Severson

    13. Bob R, Tucson, AZ says:

      As a scientist, I feel only competent to comment on Obama's choice of science advisors. I am afraid that his two choices lean much too far towards environmentalism, which is policy, not science.

    14. kERRY Corneliusforke says:

      with people of bad character and no moral concince in top aids positions what a violation of the constitution and rights of the people / the fox is in the hen house shame on the leadership of our country and us for standing for it

    15. Wolfgang Spendel, Ci says:

      Judgment is fine when backed up with critical thinking. I propose there is a lot of judgment about energy and little critical thinking in Washington. We need to get back to good debates where people have to support their opinion and the opinion is open to scrutiny.

    16. Barb -mn says:

      All it is, is POWER, CONTROL, GREED.

      Global Warming, Racism and WEAKNESSES OF MANKIND are PRIORITIZED excuses FOR MORE GOVERNMENT POWER, CONTROL AND GREED.

    17. Norm from Left Coast says:

      When the Republican voters stayed home on Nov 4 2008 because they were unhappy with George Bush and because the RNC gave us Johnny, the rest of us are saddled with Eric Holder, Geithner, Hillary and the rest of them who will blame Bush for all of their shortcomings for years to come. Holder just compared America to Pulpot and the Comare Ruge. Thanks to the mushy Republican voters for staring home.

    18. Darrel Baird, Kent says:

      Ken,

      I'm just a hard working American that sees some very scary similarities with what went on in Europe through the 1930s.

      I hope and pray that my concerns are invalid . I relly do .

    19. Marshall Hill-Michig says:

      Any Senator or Congressman who votes for Holder

      is an Enemy of this Country!Just like Clinton's

      games of Pardoning Criminals with Holders help!

    20. JOHN, KNOXVILLE, TN. says:

      KEEP UP THE GOOD WORD, BY KEEPING US INFORMED. O. HUSSIN AND HIS CHICAGO MOB WILL FINISH OUR AMERICA. HE HAS A BUNCH OF CROOKS, THE REPUBLICANS ALLOWED HOLDER IN OFFICE. HE IS THE BIGGEST CROOK AND SHOULD BE LOCKED UP FOR TREASON ALONG WITH O HUSSSIN.

      WHERE IS OUR REPUBLICANS! DO WE HAVE A REPUBLICAN IN THE SENATE OR CONGRESS?

      HUSSIN, IS SWEET TALKING, HE IS FROM COMMUNITY ORGANIZATION. WHERE HE GOT EVERYTHING FREE FROM GOVERNMENT. HUSSIN, IS A CLEAR DANGER FOR AMERICA.

      THIS ADMINISTRATION WILL HIDE EVERTHING THEY CAN FROM THE PUBLIC.

    21. ROSEMARIE YOUNG, CON says:

      I HEARD THAT THE INNAUGERATION WILL COST (US) $150,000. WHAT WAS THE COST OF PRESIDENT BUSH'S INAUGURATION?

    22. Wendy Weinbaum says:

      As a Jewess in the US, I can't BELIEVE America has elected a President who is not even native born! I would also like to remind "Mr." Eric Holder and the Brady Bunch that America wasn't won with a registered gun! Nor are criminals stopped by liberal chatter, but by FIREARMS. That is why all REAL Americans put our 2nd Amendment FIRST!!

    23. Gene of CA says:

      I have looked to Heritage Foundation for Conservative values and people. Was pleased to find that Sean Hannity was a member.

      I cannot for the life of me figure out why Sean will publicly state that he wishes the new President success? Success at what?

      Why is it that only a couple of talk show people will say publicly that they hope Obama fails to implement his socialist agenda?

      I have a very difficult time supporting the GOP or Heritage because of this.

      I will say it for the cowardly Sean and the other Republicans that have lost thier way:

      "I hope Obama fails miserably."

    24. Judith from Detroit says:

      To Rosemarie Young of Conn.

      The new inaugural festivities are costing over $150,000,000. That is Millions. Some is from private donations (in a serious recession yet!) but I'm sure our tax dollars are involved, too. Bush's cost $40,000,000. I remember the critics howling about that sum, and how that outrageous amount could have helped the millions of poor people. Now, these same critics are delirious with joy. Another fact is that the security detail tops 40,000 personnel, more than the 31,000 now in Afghanistan. I guess it all depends on which side of the fence they are on, doesn't it? It won't get any better from here on, only worse.

    25. Joe Fuller says:

      Holder exemplifies the type of "Change we can believe in." By the time this non-citizen saviour is done (to mention but a few concerns) we will have no legal firearms, be riding around in toy cars (with peddles, no doubt) and a box of cereal will cost us a weeks pay! I just hope that all our somewhat educated Prius driving, white-guilt ridden Woodstock era Yuppies that voted for this have the courage to admit it come four years from now. What have you done?

    26. Dave Hiltbrand says:

      The world has turned upside down. I feel like I'm going crazy.

      Why does it seem that irresponsibility, dishonesty, immorality, and incompetence are being ignored and actually rewarded in today's world and by our government nonetheless? And, why are Republicans rushing to participate in this destructive behavior? Here's just a short list, it could on forever:

      1. Bailout out companies and their CEOs who made poor business decisions and make the average, hardworking, honest citizen pay for it. And now everyone is galloping upto the feeding trough.

      2. Approve the appointment of either an incompetent or dishonest (you choose) Wall Street expert to the Secretary of Treasury in spite of the fact that he participated at a high level in a failed company conducting questionable activities, BUT he is not just an expert, but THE expert who understand this mess (Right, he was partially responsible for creating it!). Why would any Republican Senator vote to approve this guy's appointment.

      3. Ignore 20 years of a man's history, a history in which he participated in an organization that preached and created national and racial hatred, i.e., the Rev Wright's church, because he SAYS he wants to change things and because he speaks really well and because he has written some inspiring books. Whatever happened to the old maxim "Actions speak louder than words"?

      4. Senators and Congressmen oversee businesses from whom they take campaign contributions and personal favors (e.g., discounted mortgages), or sleep with same-sex executives of those businesses. The average professional in the U.S. is subject to so many Conflict of Interests and Professional Ethics agreements, that a free dinner at McDonald's is usually considered a prohibited activity.

      5. Our political leaders "mis-speak", the rest of us lie.

      6. Appoint a lawyer to Attorney General when he participated in the pardon of a person guilty of supporting a terrorist regime because the appointee SAYS he wasn't really aware of the extent of the guilty man's activities.

      I'm sick of this! Where are the leaders that we can follow to success, not to failure? Where are the leaders who exhibit positive attributes such as a strong character, integrity, honesty, competence, and morality? What has happened to conservative principles? I know they exist, but why are they so silent? And, how long can this great country survive with so many non-virtuous, dishonest men at the helm?

    27. Ken, Jacksonville Fl says:

      Voter fraud is totally out of hand. My suggestion would be to use a finger print to vote with. One shot, 1 registration & 1 print. If you do not wish to register by print with something to hide than you do not need to vote. ACORN needs to be NROCA for conservetives. National Recruiting Of Conservetive Americans.

    28. curtis, texas says:

      We members need to do more than just grip. We need to get the heritage foundations ideas on the radio as well as Fox News. Putting our trust in the Repulican won't cut it anymore. LETS ROLL

    29. Renee Finley, Chevy says:

      Thank you President Bush. You kept our country safe for seven years and never deceived the American people, ever. You have an honored place in our hearts.

    30. Barb -mn says:

      The LEADERSHIP of this COUNTRY is UNCONSTITUTIONAL with EXTREME ANTI-AMERICAN VIEWS! Hmm, what to do?

    31. John, Arlington, VA says:

      Curtis- We the people must also start to make movies on the real world also. To help neutralize the Mike morons of the world. READY TO ROLL also!!

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