November 19, 2009
ENOUGH TO MAKE AN ATTORNEY GENERAL LAUGH.... Attorney General Eric Holder talked to the Senate Judiciary Committee yesterday, primarily about the decision to try Khalid Sheikh Mohammed and his alleged co-conspirators in federal court. It didn't go especially well -- Republicans on the panel didn't seem persuaded -- but Dahlia Lithwick highlighted the most troubling aspect of the Q&A.
Specifically, some GOP senators are concerned that some Justice Department officials, including the attorney general himself, may actually be terrorist sympathizers.
[Sen. Chuck Grassley (R) of Iowa] demanded that Holder explain the presence in the solicitor general's office of Neal Katyal, who represented Osama Bin Laden's driver at the Supreme Court. Grassley used a smear from the New York Post (penned by the writer who ridiculously claimed Yale Law School Dean Harold Koh believed "Sharia law could apply to disputes in US courts") to demand that Holder account for Jennifer Daskal as counsel in its National Security Division, who allegedly wants terrorists to have more time to write poetry. Grassley demanded that Holder produce a list of DoJ appointees who have ever acted as lawyers for terror detainees.
Then Jon Kyl, R-Ariz., read from an editorial suggesting that the reason these detainee trials have been so long delayed is all the "leftist lawyers" who stalled the military commissions by challenging them in the courts. Kyl noted many of those lawyers -- including Holder -- work for the Justice Department despite the fact that Holder's firm, Covington & Burling, "volunteered its services to at least 18 of America's enemies in lawsuits they brought against the American people." Remember in 2006 when the deputy assistant secretary of defense for detainee affairs, Cully Stimson, had to resign his position at the Pentagon for urging U.S. corporations to boycott any law firm that defended terror suspects? Apparently those law firms are still un-American, and anyone associated with them should be barred from DoJ. (The subtext for much of this criticism, as Sen. Sheldon Whitehouse, D-R.I., observed, is that all these lawyers are somehow in it for the money.)
Holder, quite literally, blurted "Hah" in response to this line of questioning, before patiently explaining to Republicans how misguided the argument is.
Lithwick concluded, "[W]hen you continue to hear that anyone who objects to Bush's detainee policies is unworthy to serve in government, or is part of some elaborate conspiracy to free terrorists, there is truly nothing left to do but laugh."
The appeal of McCarthyism lingers on.
—Steve Benen 10:50 AM
Permalink
| Trackbacks
| Comments (14)
yeah, well... Gen. Holder can laugh now...but when those prigs git back in power:
shit meet fan on this insanity.
They continue putting the hateful crazy into the public discourse, and they are gonna hurt and kill people when they roll back to the top...
Posted by: neill on November 19, 2009 at 10:58 AM | PERMALINK
Holder wobbled under questioning from several committee Republicans on the line between prosecution in the federal courts and in military commissions. He was bruised by questioning from Sen. Lindsey Graham, R-S.C., on the implications of shifting to the former. Graham asked: "Can you give me a case in United States history where an enemy combatant caught on a battlefield was tried in civilian court?" Holder could not.
Well, he couldn't answer it because the premise of the question is nonsense. There aren't too many examples of "an enemy combatant caught on a battlefield" being "tried in civilian court" because you only try people in court for having committed a crime -- merely being an enemy combatant on the battlefield isn't a crime and hence there's nothing to try them for. To try him, you'd need an identifiable crime.
There are, however, numerous instances of accused terrorists being tried in civilian criminal courts. And that's what these men are -- common criminals, not "enemy combatants".
Posted by: Stefan on November 19, 2009 at 11:20 AM | PERMALINK
As we've declared the whole world the battlefield, Holder's answer should have been "Yes" and then rattled off the names of each terrorist convicted.
Posted by: martin on November 19, 2009 at 11:35 AM | PERMALINK
Lithwick concluded, "[W]hen you continue to hear that anyone who objects to Bush's detainee policies is unworthy to serve in government, or is part of some elaborate conspiracy to free terrorists, there is truly nothing left to do but laugh."
[allusions to any person or group needing to be killed will be summarily deleted, "joke" or not - mod.]
Posted by: TCinLA on November 19, 2009 at 11:51 AM | PERMALINK
I'm reading about persistent rumors that the senate republican caucus has been renditioned to Cuba, and their places have been taken over by the crew of Saturday Night Live. Makes sense.
Posted by: rbe1 on November 19, 2009 at 12:28 PM | PERMALINK
These guys are the extremists. In their world, alleged terrorists would have no counsel and just be summarily shot and thrown into a ditch.
Hey Chuck, why don't you line 'em up, machine gun them down and bury them with a bulldozer? Adolf would be so proud.
Posted by: bdop4 on November 19, 2009 at 12:32 PM | PERMALINK
Martin @11:35 is right about the 'Global Battlefield'. The GOP is on a mission to blur the distinctions.
Caught in military sweeps in Iraq? Terrorist caught in a battlefield.
CIA hunting down and capturing a suspect in an apartment in Pakistan? Terrorist caught in a battlefield.
Any brown-skinned man in our custody? Terrorist caught in a battlefield.
Posted by: Ohioan on November 19, 2009 at 12:40 PM | PERMALINK
The Senate needs to have a motion available in committee to take down any senator's words when he/she acts as these assholes do in implying that the AG is, or is sympathetic to, terrorists.
Posted by: rbe1 on November 19, 2009 at 12:45 PM | PERMALINK
Why can't these republicans speak for themselves rather than using editorials from newspapers. I see the same on many wingnut blogs and forums. I even catch the occassional copy and paste and then go find it and report back citing palgiarism. Mindless idiots.
Posted by: Dave on November 19, 2009 at 1:12 PM | PERMALINK
Anyone have the clip of Holder doing the big guffaw? Kyl and Cornyn were just ridiculous, as was boi-Lindsay!!
Posted by: Styve on November 19, 2009 at 2:03 PM | PERMALINK
Grassley and Kyl, two dicks in a pod.
How can they not understand how the criminal justice of the US works and sit on that committee?
That's a rhetorical question.
Posted by: BGinCHI on November 19, 2009 at 3:35 PM | PERMALINK
I wonder what these people make of John Adams, who defended British soliders accused of murdering American civilians?
Posted by: rea on November 19, 2009 at 4:49 PM | PERMALINK
Kyl is becoming a star on on Mr. Benen's 'nut list' which includes luminaries such as Bachmann. ---And he's one of my senators. Sigh.
Posted by: -syzygy- on November 19, 2009 at 4:54 PM | PERMALINK
Given confessions coerced by torture, lack of Miranda warnings, government secrecy, "fruit of the poisonous tree," etc., a civilian court providing the defendants with all the rights of US citizens will have no choice but to dismiss the charges against Khalid Sheik Mohammed and his buddies. Unless of course the court chooses a course of "street law," in which case why not have a kangaroo or show trial in the first place, as is de rigeur for victors in battle to put on?
Posted by: Linda Re on November 20, 2009 at 1:03 AM | PERMALINK