TAMARA TABO: When The Confirmation Of The Next Attorney General Gets Political, Thank Eric Holder.
So, how did Holder generate so much bad blood?
Well, few signs indicate contempt for — and on the part of — Congress like being held in contempt of Congress. Unwilling to fully account for the Obama administration’s participation in the Fast and Furious gunwalking scandal, Eric Holder became the first sitting member of a U.S. President’s Cabinet to be held in contempt. The confrontation and the issues surrounding it guarantee that the next AG nominee will face a tough crowd during Senate confirmation hearings.
In the background, there’s Operation Fast and Furious, the now-infamous Bureau of Alcohol, Tobacco, Firearms and Explosives operation in which the President’s administration intentionally allowed guns to wind up in the hands of Mexican drug cartels. The operation aimed for the guns to be later found at crime scenes, a consequence that might help ATF to better target future gun-control policies. Guns from the Fast and Furious operation were found at the murder scene of Border Patrol Agent Brian Terry and others, drawing attention to the Fast and Furious scheme. While the initial investigation into the operation sparked controversy, the administration’s response ignited more.
Appearing before the House of Representatives, Holder refused to turn over documents about why the administration has been stonewalling — and possibly lying to — Congressional investigators. Judicial Watch attempted to get hold of important Fast and Furious documents by filing a Freedom of Information Act request, which the DOJ denied. The DOJ continues to fight the subsequent FOIA suit. This week, a federal court ordered the administration to produce what is known as a “Vaughn index.” The Vaughn index must identify each document that the administration has withheld, the statutory exemption from FOIA the administration has claimed, and an explanation of how disclosure would be damaging. The U.S. District Court for the District of Columbia ruled that the DOJ must submit the Vaughn index by October 22.
No wonder Holder resigned when he did. If he remained in office, he would face bitter fights with both the judical and legislative branches. Even once Holder himself no longer occupies the AG’s office, his successor is likely to adopt a similar attitude toward members of Congress and the courts. After all, Holder was not simply acting on his own behalf when getting snippy with Congress. He was representing President Obama’s administration. Why think the next person representing the president will do differently?
Of course, nastiness with congressional investigators is not the only way that Holder ensured that finding his replacement will be especially political. Many members of Congress want to be sure that the next AG is considerably less comfortable with the term “selective enforcement” than Holder has been.
Worst Attorney General ever, which is saying something.