Editore"s Note
Tilting at Windmills

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December 23, 2008

COMEY ENDORSES HOLDER FOR AG.... Jim Comey, Bush's former deputy Attorney General, oversaw the investigation of Marc Rich from 1987 to 1993 as a New York City prosecutor. He admits he was "stunned" by Clinton's 2001 pardon of Rich, a decision Comey obviously still disagrees with.

Given this background, one might expect Comey to be a leading critic of Eric Holder becoming the next Attorney General. As it turns out, the opposite is true.

The prosecutor who hunted Marc Rich for years has asked the Senate to confirm Eric Holder as attorney general, despite his "misjudgment" in approving the fugitive financier's presidential pardon.

James Comey, a longtime federal prosecutor in New York who rose to become Manhattan U.S. Attorney and deputy attorney general under President Bush, said Holder's role "should not disqualify him" as the nation's first African-American to lead the Department of Justice.

"I think Mr. Holder's [mistake] may actually make him a better steward of the Department of Justice because he has learned a hard lesson about protecting the integrity of that great institution from political fixers," Comey wrote last week to the Senate Judiciary Committee, which will convene Holder's confirmation hearings next month.

Comey's letter to the Senate Judiciary Committee notes that he hopes "very much" that Holder is confirmed. "I'm not suggesting errors of judgment are qualification for high office, but in this case, where the nominee is a smart, decent, humble man, who knows and loves the Department and has demonstrated his commitment to the rule of law across an entire career, the error should not disqualify him," Comey wrote. "Eric Holder should be confirmed as Attorney General."

Republicans decided recently that the Holder nomination would make for some ideal grandstanding, not only attacking Obama, but allowing the GOP to return to its heyday of Clinton-era controversies. To that end, Comey's endorsement will, at a minimum, help bolster Holder's defenders.

I should add, for those who've forgotten, that Comey's name should sound familiar. Comey was the acting Attorney General in early 2004, after John Ashcroft was hospitalized, and balked at reauthorizing the NSA warrantless-search program, leading to the now-infamous Card/Gonzales hospital room visit.

In light of Comey's defense of the rule of law, it stands to reason that Senate Republicans will completely disregard his support for Eric Holder's nomination.

Steve Benen 8:45 AM Permalink | Trackbacks | Comments (9)
 
Comments

The ironic thing - or maybe "maddening" would be a better term - is that anything the Republicans want to oppose is dead. Period. It's the filibuster deal.

Worse, Presidential appointments go through the Senate. Gov. Bill Richardson and Sen. Hillary Clinton are wise to not give up their day jobs until they've actually been confirmed in their new Cabinet posts. Chances are, they won't be.

Chances are, the Obama government will either do nothing - or be a neo-con lite administration.

Bush - the nightmare continues.

Posted by: Zandru on December 23, 2008 at 9:07 AM | PERMALINK

It's good to lower your expectations, Zandru, but you're lowering them a bit too far. Nothing is going to get through the Senate that conservative Democrats don't want to get through the Senate. But if all of the Democrats are on board across the party spectrum, then it will be very hard for Olympia Snowe, George Voinivich, Alan Specter and a few others to roadblock. It won't be like the last few years where you needed a good chunk of Republicans to break - only a few will be needed and that's a lot easier to do provided you have a united Democratic caucus behind you.

That last provision dictates what kind of legislation will come out of this Congress. It will be something that the conservative Democrats in the Senate will vote for. They're the ones who are going to be holding the reigns in many ways. So, yeah, set your expectations low, but you don't have to be quite THAT pessimistic.

Posted by: NonyNony on December 23, 2008 at 9:18 AM | PERMALINK

My better judgement reminds me to stay mum on what could happen.

You have even more attack dogs (literally, I mean dogs) coming from the right,
Michelle marijuana-Malkin
Ron Coke-Christy
Karl rotten-Rove
Sean crack/meth hothead-Hannity
Bill Opium-O'Reilly
Chris Washed-up Wallace
Ann crystal-coulture

Posted by: annjell on December 23, 2008 at 9:23 AM | PERMALINK

Worse, Presidential appointments go through the Senate. Gov. Bill Richardson and Sen. Hillary Clinton are wise to not give up their day jobs until they've actually been confirmed in their new Cabinet posts. Chances are, they won't be.

They're not gonna filibuster Cabinet appointments. Don't be such a deadender.

Posted by: Allan Snyder on December 23, 2008 at 9:37 AM | PERMALINK

Reckless Exuberance

Thanks for the encouragement, NonyNony. I think... It seems as if President Obama will have great difficulty in getting through a non-conservative agenda, in any event. But at least there's a chance it won't end up being a neo-Conservative agenda.

Allan Snyder, what makes you say that Republicans won't filibuster Cabinet appointments? Over the last 16 years, it has seemed that there's nothing that Today's Republican Party™ won't stoop to. As far as I know, they're still fired up with Bork resentment. The only time they support "an upper-down vote" is when their own people are nominated.

Moreover, the Left seems to be coming out against all of Obama's picks so far, judging by the daily exposés on Democracy Now. One might get the opinion that the election of Barack Obama was some kind of major tragedy.

Posted by: Zandru on December 23, 2008 at 10:19 AM | PERMALINK

Mr. Comey may have endorsed Mr. Holder as a strategic move. Lockheed is under investigation by the Justice Department and Mr. Comey is in the thick of it.

http://www.law.com/jsp/ihc/PubArticleIHC.jsp?id=1198058693078

Posted by: Michael DeKort on December 23, 2008 at 10:19 AM | PERMALINK

Michael DeKort - Thanks for the link. Am I wrong? I thought I saw a piece on this Deepwater project on 60 Minutes. Also, are you the Michael DeKort in the article? If so, is the case actively ongoing, or are you hoping it will be resumed after inauguration? Thanks.

Posted by: Danp on December 23, 2008 at 10:50 AM | PERMALINK

Wikipedia says: As a condition to the pardon, it was made clear that Rich would drop all procedural defenses against any civil actions brought against him by the United States upon his return to this country. That condition was consistent with the position that his alleged wrongdoing warranted only civil penalties, not criminal punishment. To this day, Mr. Rich has not returned to the United States.

So just what is the big scandal here?

Posted by: wmr on December 23, 2008 at 12:00 PM | PERMALINK

the scandal is that the pardon was by a democratic president. Bush senior pardoned a known terrorist, is that pushed as a scandal? Hopefully, Obama will make the repug obstructers pay a heavy price and there are ways that it can be done since the democrats control both congress and the presidency

Posted by: grandpajohn on December 23, 2008 at 3:01 PM | PERMALINK




 

 
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