Fast And Spurious: The Phony Outrage Linking Eric Holder To Brian Terry

Yesterday a sharply divided House of Representatives held a politically motivated vote to hold Attorney General Eric Holder in contempt of Congress for allegedly refusing to cooperate with a highly partisan investigation of the Fast and Furious so-called scandal.

Eric Holder - Contempt for Congress

Never mind the fact that Holder appeared before eleven congressional panels and produced about 8,000 documents. And set aside the Fortune Magazine investigation that shatters the GOP’s justifications for the hearings in the first place. The obsession by Oversight Committee Chairman Darrell Issa is so fierce that he has forever stained the House’s reputation by orchestrating the first ever contempt charges against a member of a presidential cabinet, without a whisper of evidence of wrongdoing.

Perhaps the worst part of this, however, is the overt and distasteful manipulation of the family of a murdered border patrol agent. Brian Terry was shot by suspected drug traffickers in an Arizona desert. There is no evidence linking any gun from Fast and Furious to his killing, although there may have been a weapon found at the scene that was purchased during the botched operation. But all of this is beside the point.

Conservatives have long defended their position in opposition to almost any type of gun control by chanting the bumpersticker mantra that “guns don’t kill people. People kill people”. But in this affair they are adamant that it was not a person who pulled the trigger of the weapon that killed Terry, it was the gun itself. They seem to think that absent Fast and Furious drug cartels would have been armed with switchblades and slingshots. Of course, the truth is that these criminal enterprises have had abundant armories before Fast and Furious, and they are no less lethal now that the operation has been dormant for years.

This hypocrisy has been used to incite outrage over Fast and Furious as being responsible for Terry’s death. It wasn’t. Terry was killed as a result of the inherent risks of his job, by criminals who would have been armed with or without Fast and Furious. The cry amongst Republicans that they want to get to the bottom of Terry’s murder is a cynical act of deceit and politics. There is nothing that Congress can learn about Fast and Furious that would reveal anything new about Terry’s murder. Yet somehow, Issa and Company have managed to recruit Terry’s family in this witch hunt.

The family of Brian Terry knows exactly how and why he was killed. Knowing the source of the weapon is no more important than knowing where they bought the car that they drove to the crime scene. So it is wholly inappropriate for them to castigate AG Holder, call for his resignation, or advocate the contempt charge. Whether they know it or not, they are being used by Issa for his partisan political purposes.

Ironically, if they (and the GOP) were really interested in reducing gun violence and the proliferation of illegal firearms, they would support programs that seek to identify gun traffickers who provide weapons to the sort of people who killed Terry. That means programs like Fast and Furious – except far better planned and executed.

It isn’t surprising that politicians like Issa exploit tragedies to advance their agenda. They know the media will sop it up like a blood-soaked sponge. And therein lies the problem. If the media were doing their job professionally and ethically, they would resist these tabloid manipulations and focus on what is truly newsworthy. It’s just too bad that the families in these affairs are sometimes exploited as well. In their grief they may not recognize the signs, but the crocodile tears of self-serving politicians are not a substitute for honest sympathy. And it is heartbreaking to see these families being made fools of while they are still in mourning.

What The Media Left Out Of The Senate Hearings With Eric Holder

Yesterday the Senate held a hearing on the excruciatingly overwrought pseudo-controversy known as “Fast and Furious.” The featured witness at the hearing was Attorney General Eric Holder, who has already appeared at nine previous hearings on the same subject. Despite never having produced the slightest bit of evidence of any malfeasance by Holder, Sen. John Cornyn delivered notably vacant harangue that climaxed with this demand:

“In short, you’ve violated the public trust in my view and, by failing and refusing to perform the duties of your office, it’s more with sorrow than regret, than with anger, that I would say that you leave me no alternative but to join those who call upon you to resign your office.”

That tasty soundbite was broadcast incessantly in the media for the remainder of the day, and into the following day. Never mind that there was no substance behind it and no context to explain it. But there was something even more egregious that the media omitted: The response from Eric Holder. For some reason, that information was not deemed relevant to the story. So, in an effort to level the playing field, here is some of what Holder had to say in response to Cornyn’s request:

“With all due respect, senator, there is so much that is factually wrong with the premises that you started your statement with, it’s almost breathtaking in its inaccuracy.”

“If you want to talk about Fast and Furious, I’m the attorney general that put an end to the misguided tactics that were used in Fast and Furious. An attorney general whom I suppose you would hold in higher regard was briefed on these kinds of tactics in an operation called ‘Wide Receiver’ and did nothing to stop them. Nothing. Three hundred guns, at least, ‘walked’ in that instance.

“I’m also the attorney general who called on an inspector general to look into this matter, to investigate this matter. I’m also the attorney general who made personnel changes at ATF and in the U.S. Attorneys office that was involved, have overseen the changes of processes and procedures within ATF to make sure that this doesn’t happen ever again.

“So I don’t have any intention of resigning.”

“I am willing to sit down and talk about the provision of more materials. I have sent letters in that regard, the deputy attorney general has sent letters in that regard, and have not had responses. Which leads me to believe that the desire here is not for an accommodation but for a political point-making.”

There’s quite a bit there for excerpting in the nightly news, but most of the media declined to do so. And yet, the rightist punditry still whines about what they think is the “liberal” media. It would have nice if the news that Holder had wiped the floor with Cornyn had reached more than a few liberal bloggers. The right has no problem blasting its radically slanted message across the airwaves. The left has significant room for improvement in this regard.

Fox Nation vs. Reality: Coming To Blows

Here is another made up headline from Fox Nation:

Fox Nation

The Fox Nationalists really enjoy cooking up headlines that totally misrepresent the content of the story they are reporting. It often doesn’t matter in the least if the headline has any relevance to the article at all. And at other times the headline is an outright contradiction of the underlying story. The only criteria for Fox is that the headline give as negative impression of Obama as possible whether or not it is true.

In this example the Fox Nationalists assert that Obama’s political aide David Axelrod and Attorney General Eric Holder “Nearly Come To Blows.” That would be a juicy story if there were any truth to it. However, the accompanying article refers to an upcoming book by Daniel Klaidman that says nothing about a physical altercation. It does describe a heated argument, but Fox took it upon themselves to falsely escalate the matter to impending fisticuffs. Here is the full excerpt from Klaidman’s book:

“After the session ended, Axelrod made a beeline for the attorney general. Obama’s senior adviser was incensed. It had gotten back to him that Holder and his aides were spreading the word that he was trying to improperly influence the Justice Department.

Axelrod, who knew all too well that even the hint of White House meddling with Justice Department investigations could detonate a full-blown scandal, had been careful not to come close to that line. ‘Don’t ever, ever accuse me of trying to interfere with the operations of the Justice Department,’ he warned Holder after confronting him in the hallway. ‘I’m not Karl Rove,’ he added, referring to George Bush’s political consigliere, who had been accused of pressuring Justice to fire politically unpopular U.S. attorneys.

Holder did not appreciate being publicly dressed down by the president’s most senior political adviser. Determined to stand his ground against Tammany Hall, the A.G. ripped into him in full view of other White House staffers. ‘That’s bull—-,’ he replied vehemently.

The two men stood chest to chest. It was like a school yard fight back at their shared alma mater, Stuyvesant, the elite public high school for striving kids from New York City. White House staffers caught in the crossfire averted their eyes. Jarrett, whose office was nearby, materialized as things got hot. Petite and perfectly put together as always, she pushed her way between the two men, her sense of decorum disturbed, ordering them to ‘take it out of the hallway.'”

So it was just a couple of guys arguing in close proximity to one another with no raised fists or threats. It was interrupted by a “petite” Valerie Jarrett, which suggests that it could not have been all that dangerous. And the belligerents were not told to cool off or stop fighting, they were not separated, they were merely told to take their argument to a more discreet location.

Ironically, the right-wingers at Fox, and elsewhere in the conservative media who are hyping this story, ought to be impressed with Holder’s position. Conservatives are convinced that Holder is an Obama toady who does everything with a political goal. However, in this affair, he was adamant that his Justice Department not be used as a dumping ground for political operatives. That would seem to prove that the right has Holder all wrong. In fact, Holder and Axelrod are both fiercely concerned with maintaining their integrity with regard to the execution of their duties. That’s what the whole argument is about.

Every presidency should have people who fight to defend the ethical administration of their offices. You can rest assured that in the Bush administration the fights involved people who were unwilling to cross ethical lines as ordered by Rove and Dick Cheney.

Bush Justice Department Harrassed Indymedia

CBS News is reporting that the U.S. Department of Justice sent a formal request to an independent news site ordering it to provide details of all reader visits on a certain day. U.S. Attorney Tim Morrison in Indianapolis, issued subpoenas to Indymedia.us demanding information that included e-mail and IP addresses, Social Security numbers, bank account numbers, etc. There was also a demand that Indymedia not disclose to anyone that they had received the subpoenas.

This was an unprecedented affront to both freedom of the press and the right to privacy for citizens who happened to visit a particular web site. Indymedia sought advice from the Electronic Frontier Foundation who succeeded in getting the subpoenas withdrawn. However, many questions remain. There was never any disclosure as to the criminal case that was being investigated by Justice Department. The subpoenas themselves were improper, as was the gag order, but no one in the Justice Department is commenting on that.

An amusing side note to this is that rightist media groups are framing this as an abuse of power by the Obama administration. Although this is just now coming to light, they fail to note that the investigation began during the Bush administration, months before the election in 2008. The date specified in the subpoena for the information they were seeking was June 25, 2008. The subpoena itself was issued on January 22, 2009, just two days after Obama was inaugurated. Obviously the investigation had to precede the issuance of subpoenas.

As further evidence of Obama’s culpability, it was noted that subpoenas to the media have to be approved by the Attorney General. The right-wing leaped on this factoid to accuse Obama’s AG, Eric Holder, of complicity in this outrageous act. Unfortunately for that theory, Holder was not confirmed to the position until February 2, 2009, after the subpoenas had already been sent.

So the whole affair was conducted by the Bush Department of Justice, with a Bush-appointed U.S. Attorney (Morrison), and an acting AG who was also left over from Bush’s administration. This is typical of the Bush regime’s disrespect for freedom of the press. And the response from the right is typical of their embrace of disinformation and propaganda.

Behavior like this by officials in law enforcement is unconscionable, and should not be tolerated by any administration. It appears that the Obama administration did the right thing when it was brought to their attention by withdrawing the subpoenas, but they need to go further and reveal the nature of the investigation that led to this action, and the role of Bush officials in the affair. And it would also be nice if they would make a statement disapproving of such behavior and declaring it outside the policy of this administration.

Attorney General Nominee Eric Holder On The Media

President-elect Barack Obama’s nominee for Attorney General, Eric Holder, appeared before the Senate Judiciary Committee last week and was asked briefly about a couple of issues related to the media. First, on the Fairness Doctrine:

Sen. Arlen Specter: Mr. Holder, there had been suggestions for a revival of the so-called Fairness Doctrine, and my question to you is do you think that as a matter of public policy, the so-called Fairness Doctrine ought to be reinstated?

Eric Holder: Senator, that’s a toughie I’ve not given an awful lot of thought to. If I could perhaps submit an answer to you in writing, I would have an opportunity to think about that. I wouldn’t want to commit myself to something and not give you the benefit of what is my best thinking on that.

Of course, Specter doesn’t specify who made these mysterious “suggestions for a revival” because the only ones to have done so are delusional Republicans. Holder’s answer, while vague, is evidence in itself that Democrats are not pursuing the matter. If they were, he would not have needed an opportunity to think about it. On the following question about a shield law for reporters, Holder was more specific.

Specter: Senator Leahy asked you about reporters’ shield. You said you’d be willing to consider it. We had a reporter held in jail for 85 days on the allegation that a source was not disclosed. At all times the special prosecutor in the case knew where the leak came from. I would appreciate it if you would be a little more definitive with your response. I don’t want to protract the discussion now.

Holder: Well, maybe, let me just say this, Senator. Maybe I wasn’t as clear as I could have been. I actually favor such a measure. All I was saying was that I’d want to work on what it actually looks like.

There’s a piece of legislation, I understand, there are going to be concerns, I can tell you I’m sure within the department. I want to work with you on that. But my position is that I think something can be crafted to deal with the issues that you have raised and the concerns I know I’m going to hear at the Justice Department. But I am in favor of the shield though.

Specter: Well, the critical question is a national security issue, right? If you would take a look at that and give me, us, your judgment, I’d appreciate it.

A national security issue? I can’t imagine to what he is referring that impacts national security. The underlying content of a specific story wherein the reporter’s shield is at issue could involve national security, but the shield itself is strictly a First Amendment concern.

The jailed reporter he referenced above was Judith Miller of the New York Times, who participated in the outing of former CIA operative, Valerie Plame. Holder took exactly the right position in declaring his support for the concept of a shield law, but retaining the ability to assess the legislation when the details are known. It would be irresponsible to make a blanket statement of support when the bill that eventually is drafted could contain language that would apply to someone like Miller who was not protecting a source so much as she was concealing an accomplice.

For bonus points, Holder spoke (pdf) at an event for the American Constitution Society in 2004, where he demonstrated his grasp of the media environment:

“With the mainstream media somewhat cowered by conservative critics, and the conservative media disseminating the news in anything but a fair and balanced manner, and you know what I mean there, the means to reach the greatest number of people is not easily accessible.”

Yes, I know what you mean. Good call, Mr. Holder.