During his tenure, Attorney General Eric Holder has carried on the sorry tradition of his predecessors by aiding and abetting the Executive Branch in skirting and, more often than not, flouting the law altogether, justifying all manner of civil liberties and human rights violations and trampling the Constitution in the process, particularly the Fourth Amendment. Despite getting a “pass” from those who would normally have been crying foul, during his time as attorney general, Holder has “made the Constitution scream”—that according to one of his detractors. The colorful description is apt. Some of the Justice Department’s (DOJ) “greatest hits” under Holder begin and end with his stalwart defense of the Obama administration’s growing powers, coming as they do at the expense of the Constitution. The following are just some of the highlights of the dangerous philosophies embraced and advanced by Holder and his Justice Department: The military can detain anyone, including American citizens, it deems a threat to the country. Presidential kill lists and drone killings are fine as long as the president thinks someone might have terrorist connections. The federal government has the right to seize the private property—cash, real estate, cars and other assets—of those suspected of being “connected” to criminal activity, whether or not the suspect is actually guilty. Warrantless electronic surveillance of Americans’ telephone, email and Facebook accounts is not only permissible but legal. Judicial review is far from necessary. Moreover, while it is legal for the government to use National Security Letters (NSL) to get detailed information on Americans’ finances and communications without oversight from a judge, it is illegal to challenge the authority of the Justice Department. Due process and judicial process are not the same. Government transparency is important unless government officials are busy, can stonewall, redact, obfuscate or lie about the details, are able to make the case that they are exempt from disclosure or that it interferes with national security. When it comes to Wall Street, justice is not blind. Not all suspects should have the right to remain silent. Clearly, it’s not the Constitution that Eric Holder has been safeguarding but the power of the presidency. Without a doubt, Holder has taken as his mantra Nixon’s mantra that “When the President does it, that means it is not illegal.” It may be that the time has come to create a “non-political” and “independent” Attorney General, one who would serve the interests of the public by upholding the rule of law rather than justifying the whims of the President. -- John W. Whitehead, author of A Government of Wolves: The Emerging American Police State
Posted on: Thu, 25 Sep 2014 17:22:44 +0000
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