To Big to Prosecute is A Myth

Attorney General Eric Holder made news earlier this year when he told the Senate Judiciary Committee that the big banks are too big too to prosecute.

I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy, and I think that is a function of the fact that some of these institutions have become too large.

The recent House financial services committee hearing revealed that the Department of Justice based this assumption on no empirical evidence.

The U.S. Department of Justice appears to have neither conducted nor received any analyses that would show whether criminal charges against large financial institutions would harm the economy, potentially undermining a key DOJ argument for why the world’s biggest banks have escaped indictment.

Testimony by a top Justice official and fresh documents made public on Wednesday during a House financial services committee hearing revealed that financial regulators and the Treasury Department did not provide warnings to prosecutors weighing the economic consequences or fallout in the financial system of criminal indictments against large financial groups. DOJ also could find no records that would substantiate its previous claims that it weighed potentially negative economic or financial impacts when considering criminal charges, said Mythili Raman, acting assistant attorney general for the criminal division.

This is video Sen. Elizabeth Warren during her first Banking Committee hearing. Warren questioned financial regulators on when was the last time they took a major bank to trial. The answer they all the regulators gave is none. This was prior to the recent Senate Judiciary Committee hearing. Warren serves on the

The Obama administration has no interest in prosecuting major financial institutions. The Senate Judiciary Committee reveals that the Justice Department never had studies conducted on what the economic impact would be if major financial institutions were prosecuted. Holder never had the studies done because he never wanted to run the risk of an answer that would be unacceptable to the White House.

Louie Gohmert's Epic Fail on House Judiciary Committee

The most hysterical moment of the House Judiciary Committee was Attorney General making a fool out of Rep. Louie Gohmert. Mind you, making a fool out of Gohmert is not hard. Gohmert made statements about what the FBI didn't to to stop the Boston bombing. Holder pointed out to Gohmert that Gohmert has no way of knowing what the FBI did since Gohmert didn't see the FBI files. Gohmert then backtracks and claims he didn't say any of the things he just said. Chairman Bob Goodlatte tries desperately to get Gohmert to shut up. Gohmert just keeps digging a deeper hole for himself.

Start watching the video at the 3:30 mark. Hilarity ensues.

The Obama Administration is Cracking

Attorney General Eric Holder snapped at members of House Judiciary Committee.

“I don’t, frankly, think I’ve always been treated with respect, and it’s not even a personal thing,” he said. “That’s one thing. But I am the Attorney General of the United States.

Did Holder actually think that Republicans were going to kill him with kindness?

Treasury Secretary Jack Lew fired acting IRS Commissioner Steven Miller. George W. Bush appointee Douglas H. Shulman was IRS commissioner when the Cincinnati IRS office was targeting tea party groups. Miller was only serving as the temporary commissioner because the Senate hasn't confirmed a new IRS commissioner. Sen. Chuck Grassley said as much.

In comments to Government Executive following Shulman's announcement, a spokeswoman for Sen. Chuck Grassley, R-Iowa, a longtime Finance Committee member, said, “it seems very unlikely to Sen. Grassley that the Senate would consider an IRS commissioner nominee before the next president is chosen -- the choice should be the next president’s, whether that’s President Obama or someone else.”

President Barack Obama gave a press conference today on the IRS saga. Obama showed up late to his own press conference and didn't take questions from the media. That is not a good sign.

This has been a horrible day for the Obama administration.

Holder's Missing Written Record of Recusal

This is embarrassing. The Justice Department cannot find Attorney General's Eric Holder written record of recusal from the Associated Press investigation. During the House Judiciary Committee hearing, Rep. Tom Marino asked Holder where the recusal document was. Holder gave this answer.

“That’s something we were looking for, and nothing has been found,” Holder said, before acknowledging: “That actually might be a better policy to have.”

Kevin Gosztola catches that Holder told the committee that he saw the draft form of the response letter to the AP. Why would an Attorney General that recused himself be looking at this letter? I'm wondering if Holder actually recused himself?

Holder is asked questions by Goodlatte on AP records seizure by DoJ. He basically repeats what he said yesterday. Completely useless and waste of time to ask him questions. He passed off responsibility to deputy attorney general by recusing himself making it harder for Congress to conduct any oversight because he supposedly has no idea what has gone on in this process. But, he’s been briefed in some respect and he saw the draft form of a response letter to the AP. He knows more than he wants to talk about because he wants to dodge scrutiny.

I am not trying to raise the spector of a conspiracy theory. However, it is obvious that Holder has condradicted his own statements. At the very least, Holder is being evasive.

When Political Hacks Collide

I am no fan of Attorney General Eric Holder. The man has no interest in prosecuting people in power, whether that be CEOs at major banks or people responsible for the torture of detainees. Holder is a horrible Attorney General. Rep. Darrell Issa is a political hack only interested in scoring political points against the Obama administration. These two horrible public servants got into a spat during the Judiciary Committee hearing today.

"No, no, no, that's -- I am not going to stop talking now," he said.

Issa called on the committee chairman to ask Holder to stop talking, but Holder refused.

"It is inappropriate and too consistent with the way in which you conduct yourself as a member of Congress," the attorney general said. "It is unacceptable. It is shameful."

I am glad that Holder called Issa on his bullshit. I just it was someone other than Holder that would took Issa to task.

Holder Letter to Sen. Paul

White House Press Sec. Jay Carney read from a letter Attorney General Eric Holder sent to Sen. Rand Paul. Holder answered a question Paul asked during his filibuster. Does the President have the authority to kill U.S. citizens not engaged in combat operations against America.

Reading from the Holder letter to Paul, Carney said: "Does the president have the authority to use a weaponized drone to kill an American not engaged in combat on American soil? The answer is no. The answer to that question is no."

It is frustrating that it took so long for Holder to provide an answer. The good thing about the filibuster is that it put the administration on the record. The President has the power to use drones against a foreign invader or terrorist threat on U.S. soil. Whether or not that is a good idea is a discussion we need to have.

Rahm Emanuel Admits to Killing Gun Control

As President Barack Obama's Chief of Staff, Rahm Emanuel stopped Attorney General Eric Holder's attempt to gun control. Emanuel admitted this to Politico.

Chicago Mayor Rahm Emanuel on Tuesday didn’t deny telling the Justice Department that Attorney General Eric Holder needed to “shut the f—k up” about gun control in 2009.

Emanuel, who was then White House chief of staff, issued the warning to Justice in February after Holder said at a press conference the administration wanted to reinstate the assault weapon ban. The incident is recounted in Daniel Klaidman’s book, “Kill or Capture.”

“Let me say this,” Emanuel, whose use of profanity is legendary, said on CBS’s “This Morning” when asked about the report. “President [Barack] Obama always stood for getting this done, No. 1. No. 2, I passed the Brady Bill with the assault weapon ban. It is very, very important that we do that. The fact is, in 2009 the president and the entire government was very clear to say this, as the attorney general knows, in getting all the president’s legislation done and working with Congress to do that.”

The reality is that Obama was so uncommitted to gun control that the Brady Campaign gave him an F grade.

Strategic Allied Consulting Voter Fraud

Congressman Bobby Scott has asked Attorney General Eric Holder to investigate Strategic Allied Consulting. The Republican voter registration firm is under investigation in Florida and Virginia. Holder is not known as a fearless lawman. I have doubts of Scott's letter carrying much weight.

Attorney General Holder, We are writing today to urge the Department of Justice to conduct a multi-state investigation to determine if a pattern of voting registration irregularities related to Strategic Allied Consulting are connected and constitute a broader conspiracy of voter registration fraud. Our inquiry is prompted by the recent media reports that an employee of Pinpoint, a subsidiary of Strategic Allied Consulting, was charged in Rockingham County, Virginia with 13 counts of destruction of voter registration applications, disclosure of voter registration information, and obstruction of justice. We note that in addition to its Rockingham County operation, Pinpoint is reportedly operating in at least five other jurisdictions in Virginia: Chesapeake City, Fairfax County, Prince William County, Loudoun County, and Virginia Beach. We also note that prior to drawing a paycheck from Pinpoint, the charged individual was under the direct employ of Strategic Allied Consulting. As you are aware, Strategic Allied Consulting is currently under investigation by the Florida Department of Law Enforcement and faces more than 200 allegations of voter registration fraud including registration of the deceased. Allegations of voter registration fraud by Strategic Allied Consulting also have been raised in Arizona and Colorado. The number of allegations in a multitude of locations would seem to suggest something more than the isolated acts of "a few bad apples." While the Republican National Committee and five state committees have severed their relationship with Strategic Allied Consulting, we are concerned that the alleged illegal practices may be continuing under its subsidiary Pinpoint. We respectfully request the Justice Department to assume the responsibility and conduct its own investigation, given the mounting evidence that one company may have been engaged in a similar multi-state effort to commit voter registration fraud. We believe the circumstances warrant a broader federal review. We look forward to your favorable response. Sincerely, James P. Moran Gerry Connolly

Robert C. Scott

Nine counties in Florida reported receiving fake voter registration forms from Strategic Allied Consulting.

Strategic Allied Consultants claims the issue stemmed from one employee, who was fired on Sept. 15, but county election officials claim the fraud was more widespread, stretching across counties that are more than 500 miles apart.

"I don't subscribe to the theory that this was the action of one single individual who was able to get into more than half a dozen counties from one end of Florida to the other," said Paul Lux, the Okaloosa County Election Supervisor.

Lux said that out of 2,200 forms that Strategic Allied workers submitted, he and his staff have found about three dozen that appear to be faked. Some have signatures that do not match the names; others are only partially completed and a handful of forms have addresses that do not exist, he said.

"The problem is when you pay someone to do something like this, it kind of lends itself to what do you do to get paid?" Lux said.

Strategic Allied Consulting is run by Nathan Sproul. His firm was hired by the Republican Party of Florida. Unsurprisingly, Gov. Rick Scott was been less than vocal in calling out Sproul and SAC.

Pressed by reporters on how these developing concerns might damage the credibility of Florida Republicans, who have promoted repeated voter purge efforts as supposed proof of their commitment to the integrity of elections, Scott sidestepped.

"My focus is on making sure that I tell people all the time, that in our state, I want people to go register to vote," Scott said, according to the Herald. "They need to go talk to the candidates. When you’re running for office, when you’re in your community or in your state, vet the candidates, get involved, pick your candidates, support them, and then go out the vote. That’s where my focus is."

Scott has signed controversial voting laws. Scott has limited the number of early voting days. Scott did this all in the name of stopping voter fraud. When a Republican voter regristration firm is cited for voter fraud Scott's lips are sealed.

Quote of the Day

“The one thing you pay any lawyer to have is balls. Our nation’s top attorney has none."

Matt Taibbi, on Attorney General Eric Holder dropping charges on Goldman Sachs.

Eric Holder: The Wire Fanboy

Attorney General Eric Holder was at the "Drug Endangered Children Public Awareness Campaign" with former The Wire stars Wendell Pierce, Sonja Sohn and Jim True-Frost. Holder jokingly gave this decree to the show's creators David Simon and Ed Burns.

"I want to speak directly to Mr. Burns and Mr. Simon: Do another season of ‘The Wire'," Holder said, drawing laughter and applause from the audience. "That's actually at a minimum. … If you don't do a season, do a movie. We've done HBO movies, this is a series that deserves a movie. I want another season or I want a movie. I have a lot of power Mr. Burns and Mr. Simon."

Mr. Simon and Mr. Burns, you have been given your orders. The Attorney General and fans have spoken. Unfortunately, another season of The Wire would not have Omar Little or Jimmy McNulty.

Petition Againt Florida's New Voter Law

There is a petition urging Attorney General Eric Holder to file suit to repeal Florida's law voter law.

“Floridians’ right to vote is under attack–again. What Rick Scott and Tallahassee politicians are attempting to do is change the rules of the game, leaving only their players on the field.

Rick Scott just signed an overhaul of the state's election code that violates the Voting Rights Act. Among other things, this bill would slash early voting from 14 days down to eight. It will impose fines on voter registration drives. Voters like our brave men and women fighting overseas will not be able to update their addresses at the polls on Election Day and will be forced to cast a provisional ballot–ballots which are often not even counted.

Tell the Justice Department to strike down Florida’s voter suppression legislation. This law simply makes it harder to register to vote, it makes it harder to vote, and it makes it harder to have your vote counted.

We call on the U.S. Department of Justice to review and reject Florida’s new anti-voter law.”

Sign the petition.

Newt Gingrich Talks Impeachment of Obama

"Congress has every responsibility to demand President Obama live up to his constitutional obligations, but impeachment is clearly not an appropriate action."

Newt Gingrich, on Obama's order to the Justice Department not fight to defend the Defense of Marriage Act.

Newt really wants attention. government attorneys on the local, state and federal levels make decisions all the time on not taking cases. If Gingrich was honest about his statement then he would wholeheartedly support Attorney General Eric Holder investigating the Bush administration over torture.

Yet, we hear nothing from Gingrich on waterboarding. Apparently, Filegate was a bigger constitutional crisis then torture. Newt isn't sure.

VAN SUSTEREN: But you said a minute ago that it was torture, waterboarding…

GINGRICH: No, I said it’s not something we should do.

VAN SUSTEREN: OK. Is it torture or not?

GINGRICH: I — I — I think it’s — I can’t tell you.

VAN SUSTEREN: Does it violate the Geneva Convention?

GINGRICH: I honestly don’t know.

Newt on Filegate.

"When you have an agency (the F.B.I.) that turns 900 personnel files over to people like [ex-White House security chief) Craig Livingstone and doesn't protect those files ... it's very hard to justify giving that agency more power," Gingrich said on Fox News Sunday.

President Obama made it clear that the Defense of Marriage Act is still law and will be enforced. What Obama won't do is argue the legality of DOMA. Obama finally came to the conclusion that DOMA violates the equal protection clause of the 14 amendment.

These days Gingrich is talking about a government shutdown and impeachment of a sitting president. I don't remember those brilliant ideas working out well for former Speaker Gingrich.

White House Backtracking on Torture Prosecution

President Barack Obama has left the door open to prosecution of Bush administration lawyers involved in making torture policy.

"With respect to those who formulated those legal decisions, I would say that that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don't want to prejudge that. I think that there are a host of very complicated issues involved there."

Asked about his opinion of a congressional investigation into the matter, Obama refrained from taking a position -- but maintained that such an investigation should be bipartisan if it happens. "As a general deal, I think that we should be looking forward and not backwards. I do worry about this getting so politicized that we cannot function effectively, and it hampers our ability to carry out critical national security operations."

That is different than Rahn Emanuel's previous statement.

Asked Sunday on ABC's "This Week" about the fate of those officials, Emanuel said the president believes they "should not be prosecuted either and that's not the place that we go."

The release of the memos was going to create pressure on Obama and Attorney General Eric Holder to prosecute. Obama was asked in the Oval Office if Bush lawyers could be prosecuted. "I don’t want to prejudge that," Obama answered.

Obama repeatly stressed C.I.A. operatives will not be prosecuted. The President went to the Langley headquarters to personally deliver that message.

The White House press corp is curious about why the Obama administration backtracked on previous statements about criminal prosecutions against Bush officials. Press Sec. Robert Gibbs does his best to spin.



Kevin Drum makes a strong argument that Office of Legal Counsel attorney can not be prosecuted without charges leading to George W. Bush. Drum sees Obama eventually ruling prosecution is impossible. My take is this is take on momentum of it's own. Bush supporters are fewer than the people that dislkie him. That doesn't mean Bush, Dick Cheney, or Donald Rumsfeld will be prosecuted. George Tenet is another story. Some people were born to fall on the sword.

Quote of the Day

"But I want to assure the American people, Guantanamo will be closed."

Eric Holder, Attorney General nominee.

Hitchens Hulk Smash

Christopher Hitchens forms at the mouth with Hillary Clinton hatred. Hardball, The Hitch debated Salon's Joan Walsh about Barack Obama's national security appointment. The Hitch could let go of his Hillary hatred.

HITCHENS: Is it left or right for Hillary Clinton to get her husband, after a huge Pakistani fundraiser-I'm speaking about something very important to us right now-a few years ago-huge Pakistani fund-raiser in New York, organized for her by Lanny Davis-she got him to change his plan to visit India and to build in a visit to Pakistan on the way, in return for a huge campaign donation. Everyone in Pakistan knows she's open for business. This is not a left-right question. It's a matter of integrity.

WALSH: I think this is ridiculous. I think...

HITCHENS: Do we want such a person as secretary of state?

WALSH: Christopher, your views...

MATTHEWS: Joan, your turn.

WALSH: Christopher, your views on the Clintons' integrity are well-known. I consider them eccentric. I believe that you cherry-pick...

(CROSSTALK)

WALSH: I'm not going to say that they are perfect, but I believe you cherry-pick the worst possible interpretation, as well as facts that aren't necessarily facts, and come up with this analysis.

Hitch has Clinton hatred aimed at Eric Holder for the Marc Rich pardon.

HITCHENS: The actual date doesn't matter once you start talking about that. an I just add, though, that I thought Obama's answer just there was incredibly cheap and evasive. I mean, he was right the first time to say this woman doesn't, in fact, have foreign policy experience, and he could have added, which also came up in the campaign, that the experience she has claimed, such as in Bosnia, was fake, was fabricated. And he could also have added that she, like his other nominee, for the attorney generalship, main qualification in politics is being a friend of Marc Rich, which I don't think has changed.

I voiced my own displeasure about the Holder nomination and Hillary's Bosnia comments. Holder was Deputy Attorney General at the Justice Department. Clinton served on the Armed Services Committee and spent debate decades meeting world leaders. They have experience. What Hitchens doesn't understand is he questions their judgement. I never argued that Dick Cheney and Donald Rumsfeld lacked experience. My complaint was their ideas are batshit insane.

Media Matters asked why MSNBC keeps bringing Hitchens back. For the same reason people watch professional wrestling and reality television. It's show business, baby!

Obama Unveils National Security Team

The Obama transition team has been unable to plug leaks about the cabinet appointments. President-elect Barack Obama held a press conference today announcing his national security team.

Sec. of Defence

Robert Gates

Sec. of State

Hillary Clinton

Attorney General

Eric Holder

National Security Advisor

Gen. James Jones

United Nations Ambassador

Susan Rice

Sec. of Homeland Security

Janet Napolitano

Republican Senator Richard Lugar has voiced his approval of Obama's handling of his national security team.

“Well it's the team of rivals theme I suspect, which President-elect Obama has decided to strengthen his security team by having Democrats, Republicans, likewise having people even within the Democratic party that opposed him and certainly over the long vigorous campaign,” said Senator Lugar.

Lugar says he's impressed with Obama's organizational skills, showcased in the Presidential election. And says Obama has a good track record.

Obama introducing his national security team.



Hillary Clinton statement.



Robert Gates statement.

Eric Holder To Be Next Attorney General

Newsweek reports Eric Holder will be the next Attorney General.

Holder, who served as deputy attorney general during the Clinton administration, still has to undergo a formal “vetting” review by the Obama transition team before the selection is final and is publicly announced, said one of the sources, who asked not to be identified talking about the transition process. But in the discussions over the past few days, Obama offered Holder the job and he accepted, the source said. The announcement is not likely until after Obama announces his choices to lead the Treasury and State departments.

Holder, 57, has been on Obama’s “short list” for attorney general from the outset. A partner at the D.C. law firm of Covington & Burling, Holder served as co-chief (along with Caroline Kennedy) of Obama’s vice-presidential selection process. He also actively campaigned for Obama throughout the year and grew personally close to the president-elect. Holder has not returned a call seeking comment; a spokeswoman for the Obama transition team told Newsweek in an e-mail early Tuesday afternoon that no decision has been made.

The Obama transition has been privately asking Senators if they will vote for Holder. A serious obstacle is Holder's role in the pardoning of Marc Rich. The latter was indicted for owing $48 million in back taxes and illegal oil deals with Iran. Rich refused to return from Switzerland to face prosecution.

Two interesting side note: Rudolph Giuliani was the prosecuting U.S. Attorney. Lewis "Scooter" Libby was Rich's defense attorney.

Denise Rich, the former wife of Marc Rich, contributed to the Clinton Library and the Democratic Party. Bill Clinton pardoned Rich his final day in the White House.

The Justice Department was been damaged with the U.S. Attorneys scandal. Former Attorney General Alberto Gonzales wrecked morale within the Department of Justice. Obama has stated he wants to appoint Republicans to cabinet positions. Republican U.S. Attorney Patrick Fitzgerald is well-respected. His appointment would send a message that Obama wants to be a reformer and reach across the aisle. Fitzgerald's independent streak and investigation into Obama contributor Antoin Rezko probably makes his nomination improbable. Fitzgerald's appointment would prove Obama is serious about having a cabinet of rivals. Fitzgerald conviction of Libby for the Valerie Plame scandal, may cause a Republican filibuster. Fitzrerald would not be a lock for confirmation.

Holder sends the message that Obama wants a party loyalist in the Justice Department. Color me unimpressed.

Update: The Obama team is confident the Rich controversy won't stop Holder from being confirmed.

One person involved in the talks said the Obama team has received some assurances that, while the Rich pardon would certainly come up during hearings, the nomination likely wouldn't be held up. All spoke on condition of anonymity to describe private conversations.

The transition team must be confident they have the votes. It is hard to imagine Holder being nominated, with a GOP majority, in the Senate.

Update: Crooks and Liars has video of an MSNBC story on Holder.