It may be time to coin the phrase “pulling a Specter,” because Sen. Arlen Specter (PA), the senior Republican on the Judiciary Committee, just did it again. After making a huge fuss questioning the independence of Eric Holder, Specter just caved and said he’ll support the attorney general nominee.
“I can say with some confidence that there won’t be a successful filibuster,” Specter told reporters at a press conference gathered to share his thoughts on Holder in advance of tomorrow’s Judiciary panel vote on the nominee.
Specter added that the strong recommendations Holder received from former FBI director Louis Freeh and former DoJ No. 2 James Comey were influential in swaying his vote.
“At no time did I challenge Mr. Holder’s integrity,” the Pennsylvania senator concluded. (But he sure came close, according to Holder himself.) “It was a question of judgment.”
Speaking of judgment, Holder also has resolved — to Specter’s satisfaction, at least — the GOP demand that he promise not to prosecute Bush administration intelligence officials who engaged in brutal interrogations at Guantanamo Bay and elsewhere.
“The gist of” Holder’s stance on the issue, Specter told me, “is that if you have an authoritative legal opinion, that’s a defense in terms of mens rea, of intent. That’s a broad generalization. I don’t think you can go any further than that until you examine the specific facts of a case.”
Let us HOPE it was Spectre…
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Oh and check this out!
Holy Cow: Top Dems Are Serious About Investigating Bush’s Criminal Acts, By Jason Leopold
over at TPM?
That little Rove boy is thinking he’s up to his old tricks again. I’d say he better cushion his head for a big fall.
is reporting is something I’ve read elsewhere from one of the people who Obama appointed to the OLC – that the legal opinions would nullify the establishment of intent. But I can’t find where that was right now.
I think this might be one of the shortcomings of taking a purely legal approach. It wouldn’t be the first time that someone with money and power used legal technicalities to get away with a crime. Its been happening for centuries.
Excellent.
Holder was very clever. He used a lot of the same phrasing that Gonzales did, and Specter (or whoever Specter is afraid of) fell for it.
But, you see… Holder CAN examine the specific facts of the case. It all depends on whether he wants to. ;-7
last Thursday. I’m sure he did everything to put the screws to Holder, probably, using the Rich pardon as reason enough not to confirm him — who knows!
I ahve been checking around:
Here are some tidbits from various news sources:
New York Times:
The Atlantic:
(There’s a lot of conversation about Marc Rich)
Bloomberg:
CNN:
The BLT – The Blog of Legal Times:
I scanned over a number of other news sources, but they made no mention as to possible prosecution of Bush officials.
Although, as we know, the New York Times, CNN are slanted, anyway, the tenor of these statements, as made by Arlen Spector, as perceptions of Holder’s words, during a private meeting, I don’t like the sound of most of it at all.
Using Specter’s logic, Hitler can have a licensed lawyer draft a memo saying that it is legal to exterminate the Jews and everyone else who isn’t a right wing Christian and thus Hitler, if alive, could never be prosecuted for it.
While the example is hyperbole, the analogy and logic here is not. John Yoo and others were “following orders.” The mere fact that put the title “Legal Memorandum” behind it is no excuse.