Matt Yglesias

Cornyn Holds Up Holder, Demands Immunity From Prosecution For Torturers

Eric Holder thinks waterboarding is torture. And so apparently Senator John Cornyn (R-TX) doesn’t want to see him confirmed unless he promises in advance to exempt everyone from torture-related prosecutions:

But Cornyn certainly does. “I liked what President Obama said — we need to be looking forward and not backward,” he said this afternoon. “We’ve got huge problems facing this country … I want some assurances that we’re not going to be engaging in witch hunts.” [...] “Holder put himself in a position of legal and rhetorical checkmate when he unequivocally described waterboarding as torture yet refused to tell the committee whether he would prosecute members of the intelligence community,” the GOP aide said. “Holder can’t have it both ways.”

I think this definitely counts as a reason why it would have been smart for the Obama transition to actually announce something resembling a plan to deal with this situation in advance. That said, a belief that waterboarding is torture doesn’t compel Holder to prosecute anyone. In our system, prosecutors have considerable discretion regarding what investigations they pursue and what charges they bring. But it would seem strange to rule out any prosecution of anyone for doing anything under any circumstances in advance of taking office or having any opportunity to weigh the evidence. Seeking reassurance that there won’t be witch hunts is one thing, but blanket immunity from prosecution is another. Whatever you think of things like the apparent waterboarding of KSM and other “high-value” detainees nobody at all denies that there have been instances of abusive torture and other forms of detainee maltreatment some of which have even been prosecuted by the Bush administration.

The Moustache of Justice?

Chris Hayes has an observation:

– (1) Yesterday, AG designee Eric Holder said, without hesitation that water-boarding is torture.

– (2) Dick Cheney has admitted authorizing water-boarding.

– (3) Torture is a felony under US law punishable by up to 20 years of prison.

Again, this raises the question of how, exactly, the Obama administration can possibly move forward with a “let bygones by bygones” approach to Bush-era violations of the laws of war. Prosecutors have a lot of discretion, so I believe AG Holder would be within his rights to simply decline to investigate the former Vice President of the United States public admission that he’s committed what Holder claims to believe are serious crimes. But surely Holder should be asked about this and expected to give some kind of reasons for turning a blind eye.

The Important Questions

Eric Holder gets asked the tough questions about his role in the administration’s basketball squad:

Note that Herb Kohl isn’t just a Senator, he’s the owner of the Milwaukee Bucks. Not totally sure Holder or Pat Leahy quite got that. Transcript below the fold:

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Specter’s Fine Whine

Via Steve Benen, it seems Barack Obama hurt Arlen Specter’s feelings:

Specter said in prepared remarks Tuesday that Obama did not consult with him before choosing Eric Holder Jr. to be attorney general, and he tells Legal Times that Obama also did not consult with him or notify him before announcing four other Justice Department nominees Monday.

“History demonstrates that presidents who seek the advice of members of the Senate prior to submitting a nomination frequently see their nominees confirmed more quickly and with less controversy than those who do not,” Specter (R-Pa.) said…. “In contrast, on the nomination of Mr. Holder, President-elect Obama chose not to seek my advice or even to give me advance notice in my capacity as Ranking Republican on the Judiciary Committee, which is his prerogative.”

Maybe Specter forgot that he’s in the minority party in the Senate and his party lost control of the White House, too. But to review, Holder’s last government appointment was as Deputy Attorney General where he served for four years. Try as conservatives might to huff and puff over him, that’s the very model of a banal choice of a well-qualified candidate. The idea of having lengthy discussions with people about whether or not a guy who was unanimously confirmed as Deputy Attorney General could be qualified to serve as Attorney General is a little silly. The Transition has a lot on its plate what with the two wars and the economic crisis.

Comey Endorses Holder

The right-wing has decided that they want to make Eric Holder the Obama nominee that they give a hard time to since, apparently, they think that talking about Marc Rich will do something other than make people nostalgic for an earlier, more innocent era in the politicization of justice. Meanwhile, James Comey, who was Bush’s Deputy Attorney General for a while and who tried to prevent his colleagues in the administration from entirely shredding the constitution is endorsing Holder’s confirmation. But of course Comey and his radical rule of law views will swiftly lead to the destruction of the country.