Editore"s Note
Tilting at Windmills

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February 2, 2009
By: Hilzoy

Holder Confirmed

From the NYT:

"The Senate voted overwhelmingly Monday evening to confirm Eric H. Holder Jr. to be the new attorney general of the United States. The vote was 75 to 21, with all the votes against the nomination coming from Republicans."

About time, too. I don't really understand the point of delaying a nomination that is obviously going to pass, especially not when the Justice Department has a lot on its plate:

"Lawyers inside and outside the department say he will face crushing time constraints. Chief among them is a pledge by President Obama to close the detention facility at Guantanamo Bay, Cuba, within a year. Mr. Holder and a department task force must find a solution to the question of what to do with the remaining prisoners there and any apprehended in the future. (...)

Mr. Holder will also have to make several quick decisions because of court-imposed deadlines. And he will have to do so with many of the senior positions in the department not yet filled.

The department has to decide by next month whether it will reverse course from the Bush administration, which had repeatedly invoked the so-called state secrets doctrine to shut down legal challenges to several lawsuits dealing with national security. Officials also face a February deadline on whether to extend habeas corpus rights to detainees at Bagram Air Base in Afghanistan.

"I can't imagine a more challenging time to come in as attorney general," said Walter Dellinger, a legal scholar who was an acting solicitor general in the Clinton administration. "The number of legal issues left behind to be resolved is really staggering.""

At least he finally got through, despite Sen. Cornyn's desire to make him pledge not to prosecute people before he had all the facts in. Now he can finally get down to business. And there are hopeful signs about what he'll do:

""This will be a sea change of what went on before," said an Obama administration lawyer, noting that the principal authority over detention policies will move from the Defense Department under the Bush administration to the Justice Department.

Under Mr. Obama's recent executive order, the Justice Department will be required to review the files of the 245 detainees at Guantanamo and draw up a proposal on their fate that will fulfill the pledge to close the facility.

"The idea that it has to be closed within a year will drive the timing of many things," said the Obama administration lawyer, who spoke on the condition of anonymity because Mr. Holder had not yet taken office."

From that lawyer's lips to God's ears.

Hilzoy 11:11 PM Permalink | Trackbacks | Comments (9)
 
Comments

Once it became clear that Cornyn wanted a blanket amnesty for a specific handful of people who have not actually been charged with any crimes, the charade became unworkable.

Posted by: JoeW on February 3, 2009 at 12:11 AM | PERMALINK

Anyone found a Republican who puts country above party yet?

Posted by: There must be one somewhere on February 3, 2009 at 1:13 AM | PERMALINK

The Republicans are worried about the fact that a well-known synonym for "Republican" is "defendant."

Posted by: TCinLA on February 3, 2009 at 1:40 AM | PERMALINK

The Republicans are worried about the fact that a well-known synonym for "Republican" is "defendant."
Posted by: TCinLA@0140

Actually, the synonym is "Fugitive from Justice."

But I digress, Hilzoy. The real question on my plate---and it's been there for quite a while---is in line with your comment, thus:

Officials also face a February deadline on whether to extend habeas corpus rights to detainees at Bagram Air Base in Afghanistan.

Why in the gods' names wait until the deadline? I cannot think of a more magnanimous and humane gesture on the part of these United States than to offer immediate Habeas to anyone detained by us. Take it one step further by making it the law, and the evils committed by the Bushylvanians in our names---yours, mine, and everyone else's in this country---will become that more difficult to commit, that much easier to expose, and that much more important to prosecute. So what if it'll cost more? We're drowning in lawyers already; let's make some of them judges and build a complete "federal" city around them!

Posted by: Steve W. on February 3, 2009 at 5:44 AM | PERMALINK

Please do not forget to make the signing statements null and void.

Posted by: SteveA on February 3, 2009 at 7:01 AM | PERMALINK

Also,we still need to see the visitor's logs from the White House the Bush administration saw fit to keep from us.

Posted by: SteveA on February 3, 2009 at 7:07 AM | PERMALINK

Here's a nice line from the LAT story that shows just how corruptly Orwellian the media has become:

Harsh interrogation techniques are off-limits.

Wrong. Obama has said nothing about outlawing "harsh interrogation techniques." Being detained by the U.S. government isn't suddenly going to become a gentle, happy experience. One assumes that detainees will be treated at least as "harshly" as, say, a burglary suspect is.

Obama has promised that detainees won't be tortured. Even now, the media refuses to acknowledge that there is a difference between harsh treatment and torture.


Posted by: politicalfootball on February 3, 2009 at 11:39 AM | PERMALINK

"I don't really understand the point of delaying a nomination that is obviously going to pass, especially not when the Justice Department has a lot on its plate:"

That is just the point. The longer they can delay the longer before they face legal scrutiny. They don't want the Justice Department to get anything accomplished.

Also, the comment about signing statements. Is there any reason to believe that they haven't always been null and void? Have the courts ever ruled on it? Has Bush ever used his signing statements to circumvent a law or has he just put them out there and let them sit for possible future use? He can SAY anything he wants, but as long as he didn't actually DO anything, you can't get him for it.

Posted by: Texas Aggie on February 3, 2009 at 12:35 PM | PERMALINK

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Posted by: payday loans canada on December 18, 2009 at 1:05 PM | PERMALINK
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