Eric Holder | |
|---|---|
 Official portrait, 2009 | |
| 82ndUnited States Attorney General | |
| In office February 3, 2009 – April 27, 2015 | |
| President | Barack Obama |
| Deputy | David W. Ogden Gary Grindler (acting) James M. Cole Sally Yates (acting) |
| Preceded by | Michael Mukasey |
| Succeeded by | Loretta Lynch |
| In office January 20, 2001 – February 2, 2001 Acting | |
| President | George W. Bush |
| Deputy | Robert Mueller (acting) |
| Preceded by | Janet Reno |
| Succeeded by | John Ashcroft |
| 29thUnited States Deputy Attorney General | |
| In office June 13, 1997 – January 20, 2001 | |
| President | Bill Clinton |
| Preceded by | Jamie Gorelick |
| Succeeded by | Larry Thompson |
| 48thUnited States Attorney for the District of Columbia | |
| In office January 20, 1993 – June 13, 1997 | |
| President | Bill Clinton |
| Preceded by | John Ramsey Johnson |
| Succeeded by | Mary Lou Leary |
| Judge of theSuperior Court of the District of Columbia | |
| In office 1988–1993 | |
| Appointed by | Ronald Reagan |
| Preceded by | Virginia Riley |
| Succeeded by | Judith Bartnoff |
| Personal details | |
| Born | Eric Himpton Holder Jr. (1951-01-21)January 21, 1951 (age 74) New York City,New York, U.S. |
| Political party | Democratic |
| Spouse | |
| Children | 3 |
| Relatives | Vivian Malone Jones (sister-in-law) Jeff Malone (nephew) |
| Education | Columbia University (BA,JD) |
| Signature |  |
Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82ndUnited States attorney general from 2009 to 2015. A member of theDemocratic Party, Holder was the first African American to hold the position.[1]
Born inNew York City to a middle-class family ofBajan origin, Holder graduated fromStuyvesant High School,Columbia College, andColumbia Law School. Following law school, he worked for thePublic Integrity Section of theU.S. Department of Justice for twelve years. He next served as a judge of theSuperior Court of the District of Columbia before being appointed by PresidentBill Clinton asU.S. attorney for the District of Columbia and subsequentlyU.S. deputy attorney general.
Holder prosecuted cases involving government corruption.[2] While U.S. attorney, he prosecuted congressmanDan Rostenkowski for corruption charges related to his role in theCongressional Post Office scandal. Following the Clinton administration, he worked atCovington & Burling, representing the firm's multinational corporate clients in litigation. Holder was senior legal advisor toBarack Obama duringhis 2008 presidential campaign and one of three members ofhis vice-presidential selection committee. Holder was a close ally and confidante of Obama's and was selected as his first attorney general.
Holder became the first sitting attorney general to be held incontempt of Congress during an investigation of the Operation Fast and FuriousATF gunwalking scandal. TheJustice Department's inspector general under Obama refused to prosecute him and later cleared him of the charges. After he was succeeded as attorney general byLoretta Lynch in April 2015, Holder returned to Covington & Burling, where he continues to practice corporate litigation, primarily for financial firms, and is also involved with efforts atgerrymandering reform through theNational Democratic Redistricting Committee.
Eric Himpton Holder Jr. was born inThe Bronx, New York, to parents with roots inBarbados.[3][4][5] Holder's father, Eric Himpton Holder Sr. (October 29, 1903 – February 12, 1998), was born inSaint Joseph, Barbados, and arrived in the United States at the age of 11.[6][7] He later became a real estate broker. His mother, Miriam (January 25, 1924 – August 13, 2010), was born inNew Jersey, while his maternal grandparents were emigrants fromSaint Philip, Barbados.[7] Holder grew up inEast Elmhurst,Queens, and attended public school until the age of 10. When entering the 4th grade he was selected to participate in a program for intellectually gifted Black students.[8]
In 1969, he graduated fromStuyvesant High School inManhattan and attendedColumbia University, where he played freshman basketball and football, and was a teammate of actorEd Harris.[9] During that time, he lived inCarman Hall.[10] He earned aB.A. degree in American history in 1973.[11] Holder received hisJ.D. degree fromColumbia Law School, graduating in 1976. He worked for theNAACP Legal Defense and Educational Fund during his first summer and theUnited States Attorney for the Southern District of New York during his second summer.[8]
In 1969, while a freshman at Columbia, Holder was one of several dozen students who staged anoccupation of theReserve Officers' Training Corps (ROTC) office, renaming it as theMalcolm X student center.[12][13] At that time Holder was a member of the Student Afro-American Society which had ties to the student activist organizationStudents for a Democratic Society (SDS). In explanation for the occupation of the ROTC office the students said they needed the space because of "the general racist nature of American society."[14]
After graduating from Columbia Law School, Holder joined theU.S. Justice Department's newPublic Integrity Section, where he worked from 1976 to 1988. During his time there, he assisted in the prosecution ofDemocratic CongressmanJohn Jenrette for bribery discovered in theAbscam sting operation.[15] In 1988,President Reagan appointed Holder to serve as a judge of theSuperior Court of the District of Columbia.[16]
Holder stepped down from the bench in 1993 to accept an appointment asUnited States Attorney for the District of Columbia from PresidentBill Clinton. He was the first Black American U.S. Attorney in that office.[8] At the beginning of his tenure, he oversaw the conclusion of the corruption case againstDan Rostenkowski, part of theCongressional Post Office scandal.[15] He was a U.S. Attorney until his elevation to Deputy Attorney General in 1997. Holder also served onThe George Washington University's Board of Trustees in 1996 and 1997.
In 1997, after the retirement ofJamie Gorelick, Clinton nominated Holder to be the Deputy Attorney General underJanet Reno. Holder was confirmed several months later in the Senate by a unanimous vote.[17] During his confirmation hearing, Holder's opposition to the death penalty was questioned, but he pledged his intention to cooperate with the current laws and Reno, saying, "I am not a proponent of the death penalty, but I will enforce the law as this Congress gives it to us."[18] Holder was the first African American to serve in that position.[8]
As Deputy Attorney General, Holder's primary responsibilities were in the areas of budget and personnel issues; this also included resolving disputes among department heads and briefing reporters on policy initiatives, national security issues, and major investigations,[8] including theFederal Bureau of Investigation (FBI) investigations into allegations ofbribery and corruption in the 2002 Winter Olympics inSalt Lake City.[19] Holder later advised Reno in the matters regarding theIndependent Counsel statute. Reno made the decision to permitKenneth Starr to expand his investigation into theLewinsky affair, leading toClinton's impeachment.[8]
In the wake of the murders ofMatthew Shepard andJames Byrd Jr., Holder was a vocal proponent of newhate crimes laws in the United States. Holder said that the current laws placed major constraints on the ability of federal investigators and prosecutors to assist in these types of cases.[20]
In his final days with theClinton administration, Holder carried out his duties withClinton's last-minute pardon of fugitive and Democratic contributorMarc Rich. Regarding discussions with the White House lawyers on the issue, Holder said he was at first "neutral" on the decision to grant Rich a pardon, but might lean in favor of it if there were national security benefits. Holder said that he was told that Israeli Prime MinisterEhud Barak had asked Clinton to grant the pardon. Holder said that, at the time, he did not give the case much thought, because he did not think the pardon would be granted, as no fugitive had ever previously been granted a presidential pardon. He later said he wished that he had looked into it more thoroughly,[21] and expressed regret over the incident. "I wish that I had ensured that the Department of Justice was more fully informed and involved in this pardon process", he said admitting the mistake.[22]
Republicans on the House Government Reform Committee disagreed with Holder's version and alleged that he was a knowing participant, according to a 2003 report. They said Holder failed to fully inform prosecutors of the pending pardon, and they criticized his "neutral leaning favorable" opinion to Clinton.[23]
Former FBI director,Louis Freeh, commented on the matter in 2009, saying that the Clinton White House had "used" Holder and kept both the FBI and the Department of Justice (DOJ) in the dark as to their full activities around the last minute pardons.[24]
Holder briefly served as Acting Attorney General under PresidentGeorge W. Bush until the Senate confirmed Bush's nomineeJohn Ashcroft.[25]
From 2001 until he became attorney general, Holder worked as an attorney atCovington & Burling in Washington, D.C., representing clients such asMerck and theNational Football League.[3][8] He represented the NFL during itsdog fighting investigation againstMichael Vick.[26]
In 2004, Holder helped negotiate an agreement with the Justice Department forChiquita Brands International in a case that involved Chiquita's payment of "protection money" to theUnited Self-Defense Forces of Colombia (AUC), a group on theU.S. government's list of foreign terrorist organizations.[27][28] In the agreement, Chiquita's officials pleaded guilty and paid a fine of $25 million. Holder represented Chiquita in thecivil action that grew out of this criminal case.[28] In March 2004, Holder and Covington & Burling were hired byIllinois GovernorRod Blagojevich to act as a special investigator to theIllinois Gaming Board. The investigation was subsequently canceled on May 18, 2004.[29]
The firmrepresented Guantanamo inmates but Holder "never participated directly in the firm's Guantanamo work" and was not expected to recuse himself from matters pertaining to it.[30]
In October 2004, he defendedPurdue Pharma in a West Virginia court against accusations of deceptive marketing of their productOxyContin.[31]
During his years in private practice, Holder represented the Swiss private bankUBS. Because of this, he recused himself from participating in theDepartment of Justice investigation of UBS's abetting oftax evasion by U.S. account-holders and the prosecution ofBrad Birkenfeld. (As Attorney General, he also recused himself from theRoger Clemenscontempt of Congress prosecution because the pitcher was once a client of Covington and Burling.)[32][33]
WhileDistrict of Columbia v. Heller was being heard by theU.S. Supreme Court in 2008, Holder joined the Reno-ledamicus brief, which urged the Supreme Court to uphold Washington, D.C.'s handgun ban and said the position of the Department of Justice, fromFranklin Delano Roosevelt through Clinton, was that theSecond Amendment does not protect an individualright to keep and bear arms for purposes unrelated to a State's operation of a well-regulatedmilitia.[34] Holder said that overturning the 1976 law "opens the door to more people having more access to guns and putting guns on the streets."[35]
In late 2007, Holder joined then-SenatorBarack Obama's presidential campaign as a senior legal advisor. He served on Obama's vice presidential selection committee.[16]
On December 1, 2008, President-elect Obama announced that Holder would be his nominee for Attorney General of the United States.[36][37] Obama praised his "toughness and independence." Obama went on to say that "[Holder] is deeply familiar with the law enforcement challenges we face: from terrorism to counter-intelligence; from white-collar crime to public corruption." Holder emphasized national security as a priority if confirmed, "We can and we must ensure that the American people remain secure and that the great Constitutional guarantees that define us as a nation are truly valued."[38]
He was formally nominated on January 20, 2009, and was overwhelmingly approved by theSenate Judiciary Committee on January 28 with a bipartisan vote of 17 to 2.[39][40] He was officially confirmed by the entire Senate on February 2, 2009, by a vote of 75 to 21 becoming the nation's first African-American Attorney General.[41] His installation took place on February 3, 2009, at theLisner Auditorium ofGeorge Washington University.
As Attorney General, Holder was a staunch opponent of legal limitations on the executive branch's ability to prosecute thewar on terror. In May 2011, Holder testified before Congress on the legality of theoperation in which U.S. special forces killed Osama bin Laden earlier that month. Holder testified that the operation to kill bin Laden was legal, stating that international law allows for targeting enemy commanders. To support this point, Holder said that computer evidence seized from the raid demonstrated that bin Laden was still leadingal-Qaeda. Moreover, Holder said, theNavy SEAL team that carried out the raid conducted itself in a manner consistent with American values, and that the parameters of the mission included capturing bin Laden.[42]
Holder defended the legality of drone strikes against alleged terrorists. Addressing the death ofAnwar al-Awlaki, an American citizen who was killed by drone strike withouttrial, Holder said "The U.S. government's use of lethal force in self-defense against a leader of al-Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful." He outlined a three-part test to affirm the lawfulness of the strikes: the terrorist poses an imminent threat of violence to the United States, capture is not possible and the operation is conducted in a manner consistent with the principles of the law of war.[43] At the time, al-Awlaki was an alleged leader and recruiter forAl-Qaeda in the Arabian Peninsula. Holder later stated that "'[d]ue process' and 'judicial process' are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process."[44] Some civil liberties advocates have described the incident as "an extrajudicial execution" that breached al-Awlaki's right to due process, including a trial.[45]
A major legacy of Holder's tenure as attorney general was a shifting of terrorism cases to the civilian federal courts.[46][47] Under Holder, the DOJ successfully tried many terrorists in federal court, securing convictions and life sentences against a string of defendants, includingSulaiman Abu Ghaith (Osama bin Laden's spokesman);Ahmed Ghailani (a conspirator in the1998 East Africa bombings); andAbu Hamza (an al-Qaeda operative).[46][47]Faisal Shahzad (theattempted Times Square bomber); andOmar Farouk Abdulmutallab (the failed "underwear bomber") pleaded guilty in federal court and were sentenced to life imprisonment during Holder's term.[48] During Holder's term, other terrorists—includingNajibullah Zazi (who plotted aNew York subway attack), andAhmed Abdulkadir Warsame (anal-Shabab supporter) pleaded guilty and cooperated with the government.[47] Matt Olsen, the director of theNational Counterterrorism Center from 2011 to 2014, wrote in 2015: "Through his persistence, Holder demonstrated the wisdom and value of prosecuting terrorists in civilian courts and cemented this approach for future administrations."[47]
In November 2009, Holder announced thatSeptember 11 attack co-conspirators—Khalid Sheikh Mohammed,Ramzi Bin al-Shibh,Walid bin Attash,Ali Abdul Aziz Ali andMustafa Ahmed al-Hawsawi—would be tried in New York City on federal charges of conspiracy and murder.[47] Holder said at the time that the five would "stand trial in our justice system before an impartial jury under long-established rules and procedures."[47] This plan was frustrated by Congress, however, and "congressional restrictions on transferring Guantánamo detainees to federal court had delayed the case indefinitely."[47] In April 2011, Holder was forced to drop plans for a federal trial and instead refer the five tomilitary commissions; at the time, Holder criticized Congress for interfering in the prosecution, saying: "[Congress has] taken one of the nation's most tested counterterrorism tools off the table and tied our hands in a way that would have serious ramifications."[49] The military commissions remain "mired in procedural delays, legal uncertainty and continued controversy" today.[47]
In July 2010, Holder attended a heads of state summit of theAfrican Union inKampala,Uganda, where he told African leaders that the U.S. would continue to support theAfrican Union peacekeeping mission in Somalia.[50][51] Holder also vowed to work closer with African officials to stop terrorism, and announced that the FBI would be providing a team of forensic specialists to help assist in the investigation of theterrorist bombings in Kampala during theWorld Cup.[51]
In a July 2014 speech to diplomats, academics, and national security officials inOslo, Holder called for international cooperation against terrorism in Syria and Iraq in order to stem the flow offoreign fighters.[52] Holder specifically urged other nations to adoptconspiracy laws; carry out better undercover operations; share traveler information throughInterpol; and "seek to stop individuals from becomingradicalized in the first place by putting in place strong programs to counterviolent extremism in its earliest stages."[52][53]
Holder is a vocal proponent of defending theVoting Rights Act of 1965, which was reauthorized in 2006 with bipartisan support. Holder has criticized newvoter ID laws in Texas, Florida and other states, which he suggests may be politically motivated. In 2011, Holder said, "The reality is that in jurisdictions across the country, both overt and subtle forms of discrimination remain all too common." He went on to criticize Texas redistricting efforts, which were introduced when the state had increased its population by four million; Holder criticized the state for not allocating any new congressional seats to represent Hispanic voters, arguing that the majority of the increased population were Latinos.[54]
Under Holder's tenure, the DOJ suedShelby County, Alabama, for a violation of Section 5 of the Voting Rights Act. The small town ofCalera had re-drawn the city council districts without receiving pre-clearance from the DOJ, which was required by Section 5 in order to ensure that Southern states do not use such redistricting to weaken political representation for minority communities. For local elections, Calera had divided the African-American part of town, submerging it into two other districts. The DOJ argued that this eliminated the city's sole African-American councilman. Calera responded by arguing that the process of pre-clearance with the DOJ should no longer be required. On September 21, 2011, the federal district court upheld the constitutionality of Section 5 of the Voting Rights Act, but the decision was overturned by the Supreme Court inShelby County v. Holder, which effectively struck down Section 5 of the act. Before that decision, Holder had vowed to continue to enforce federal voting rights laws, regardless of how the United States Supreme Court decided in case.[55][56] In 2022, Holder's bookOur Unfinished March explained why theShelby decision had convinced him to not appear in person before the Supreme Court Justices who rendered that decision, as a silent protest, as the custom had been for an AG to make at least one appearance. He further explained this in a subsequent interview.[57]
In May 2012, with over a dozen states pushing new voter identification laws, Holder stated that he believed these new laws would hamper the ability of the elderly, students and minorities to vote. Regarding voting rights, he said, "for the first time in our [lifetimes], we are failing to live up to one of our most noble ideals." Holder pledged that the DOJ fight these laws "aggressively". He went on to say that "We have to honor the generations that took extraordinary risks" to achieve the right to vote.[58]
In a speech before the NAACP in July 2012, Holder went on to say that the Texas voter ID laws were a "political pretext to disenfranchise American citizens of theirmost precious right."[59] Holder compared the practices of these states to those in the era of Jim Crow segregation. Holder said, "Many of those without IDs would have to travel great distances to get them – and some would struggle to pay for the documents they might need to obtain them. We call thosepoll taxes."[60]
In May 2010, Holder expressed concerns over reports he had received regardingArizona SB 1070, an Arizona immigration law. He said that he feared that the law could lead toracial profiling. Holder received criticism on the political right for criticizing the law before he had read it in its entirety.[61][62]
In July 2010, after the DOJ reviewed the law, Holder filed suit against Arizona on the grounds that the state law is preempted by federal law. Holder was quoted as saying, "I understand, first off, the frustration of the people of Arizona and the concerns that they have with regard to the amount of illegal immigration that occurs, but the solution that the Arizona legislature came up with is inconsistent with our federal Constitution."[63]
A lawsuit challenging the law was heard by the U.S. Supreme Court, and in June 2012, the Court struck down a majority of the law's provisions inArizona v. United States. Holder said that although he was pleased that much of the law had been struck down, he remained concerned over the burden it might place on local law enforcement to enforce federal immigration law and the possibility that it might be used to discriminate against the Latino community. He vowed to continue to monitor the impact of the law.[64]
Holder has also stated that he supports comprehensive immigration reform[clarification needed], adding that it is a "matter of civil rights and human rights".[65]
In February 2011, Holder announced that the DOJ would no longer defend cases involving theDefense of Marriage Act in court. Holder had recommended this course of action to the President, arguing that the Defense of Marriage Act was unconstitutional, as laws that prohibit the marriage of gay couples do not meet the legal principle ofstrict scrutiny. Holder cited changing law in support of his action: "Much of the legal landscape has changed in the 15 years since Congress passed DOMA. The Supreme Court has ruled that laws criminalizing homosexual conduct are unconstitutional. Congress has repealed the military's Don't Ask, Don't Tell policy. Several lower courts have ruled DOMA itself to be unconstitutional." This decision was prompted by legal deadlines in two federal cases inConnecticut and New York, where same-sex married couples argued that DOMA's ban on federal benefits to those in gay marriages approved by the individual states, violates the Constitution's requirement of equal treatment.[66][67]
In February 2012, Holder reaffirmed his position and stated that the DOJ would not defend DOMA in a legal challenge brought by members of the U.S. military, who were seeking benefits for their same-sex spouses, including: medical insurance, visitation rights in military hospitals and survivor benefits.[68]
Holder has also advocated for the interests of the 36,000 same-sex partnerships where Americans are in relationships with non-U.S. citizens. In May 2011, Holder set aside the decision to deport Paul Dorman, an Irish man who was in a same-sex partnership with a New Jersey citizen. Holder then asked immigration officials to reconsider their decision in order to determine whether Dorman can be considered a spouse under New Jersey law and whether Dorman would be considered a spouse under immigration law were it not for the Defense of Marriage Act. This action prompted some other immigration judges to halt the deportation proceeds of other foreigners in same-sex couples.[69][70]
In 2009, Holder decided to drop thecorruption case against former SenatorTed Stevens of Alaska after evidence ofprosecutorial misconduct (specifically, the withholding ofexculpatory evidence) emerged.[71] Holder was reportedly "horrified by the failure of prosecutors to turn over all relevant materials to the defense" and was alarmed at rebukes of federal prosecutors by JudgeEmmet Sullivan, a friend and former colleague of Holder.[71] The DOJ formally moved to dismiss the indictment against Stevens (who had been convicted the previous year on seven counts, but had never been sentenced) on April 1, 2009.[71] Holder issued a statement reading: "After careful review, I have concluded that certain information should have been provided to the defense for use at trial. In light of this conclusion, and in consideration of the totality of the circumstances of this particular case, I have determined that it is in the interest of justice to dismiss the indictment and not proceed with a new trial."[71] Judge Emmet Sullivan threw out the case several days later, issuing an order stating: "There was never a judgment of conviction in this case. The jury's verdict is being set aside and has no legal effect."[72] Holder ordered a review of the case by theOffice of Professional Responsibility of DOJ.[71] Judge Sullivan conducted an inquiry of his own, appointed two attorneys to conduct an investigation which resulted in "a blistering 514-page report" (released in May 2012) detailing what went wrong in the prosecution, and criticizing three specific federal prosecutors (one of whom committed suicide in 2010) for concealing evidence.[73] Holder was praised for his efforts to repair the damage caused by the affair, which was seen as "a profound embarrassment for the Justice Department."[74]
In 2010, in the run up to the referendum onCalifornia Proposition 19, which would have legalizedmarijuana use for personal recreation, Holder stated that the DOJ would continue to prosecute individuals on the federal level for possession of marijuana even if voters approved a ballot measure.[75] However, in the run up to the successful marijuana legalization referendums onColorado Amendment 64 andWashington Initiative 502 in 2012, Holder and the Department of Justice remained silent on how they would respond if the ballot measures were enacted by voters. On November 6, 2012, Colorado Amendment 64 and Washington Initiative 502 were passed with 55.3% and 55.7% of the votes respectively. This would lead to a new memo released byDeputy Attorney GeneralJames M. Cole on August 29, 2013.[76] The memo instructed allUnited States Attorneys to not focus limited prosecutorial resources on state-authorized marijuana related activities, provided they follow eight priorities laid out by the Department of Justice.[77]
On January 20, 2011, the FBI arrested 127 members of theLa Cosa Nostra in New York City, including members of allFive Families of New York City and theDeCavalcante family of New Jersey.[78][79] Holder spoke at a press conference afterwards, celebrating the largest single-day operation against the Mafia in United States history.[78][79]
Under Holder's leadership, the Department of Justice brought six leak-related prosecutions against current or former U.S. government employees, while all previous presidential administrations combined had tried a total of three such cases. Holder was reportedly "surprised" by news reports pointing out this statistic, and was said to have told associates that he did not wish to have leak prosecutions be his legacy.[80] Several prominent leak prosecutions under Holder involved communications between criminal defendants and journalists, and the pervasive use of traceable electronic communications between journalists and their sources provided the prosecution with a tool to determine the potential origin of published information.[81] Under Holder, the Justice Department argued thatjournalists had no legal protection to maintain the confidentiality of their sources, and can be compelled by the government to reveal them, or potentially face criminal contempt charges.[82] On September 17, 2018, theFreedom of the Press Foundation obtained documents regarding the use ofFISA courts to spy on journalists.[83][84][85]
On May 13, 2013, theAssociated Press announced that the telephone records for 20 of their reporters during a two-month period in 2012 had been seized by the Justice Department as part of the2013 Department of Justice investigations of reporters. The AP described these acts as a "massive and unprecedented intrusion" into their news-gathering operation.[86][87] Holder testified under oath to theHouse Judiciary Committee that he had recused himself from these leak investigations to avoid any appearance of a conflict of interest. Holder said his Deputy Attorney General, James Cole was in charge of the AP investigation and would've ordered the subpoenas.[88] When questioning turned to the possibility of journalists being charged under the Espionage Act for reporting classified material, Holder stated: "With regard to the potential prosecution of the press for the disclosure of material, that is not something that I've ever been involved in, heard of or would think would be a wise policy."[89]
It was later reported that the DOJ monitored Fox News reporterJames Rosen's activities by tracking his visits to theState Department through phone traces, timing of calls and his personal emails.[90]NBC confirmed with the Justice Department that Holder had personally signed off on the Rosen subpoenas. The DOJ defended their decision and spoke about a balance between protecting national secrets and the1st Amendment, stating: "After extensive deliberations, and after following all applicable laws, regulations and policies, the Department sought an appropriately tailored search warrant under the Privacy Protection Act."[91] The revelation brought into question whether Holder had been intentionally misleading during his previous testimony. House Committee members sent an open letter to Holder, saying: "It is imperative that the committee, the Congress, and the American people be provided a full and accurate account of your involvement."[92]
On August 12, 2013, at theAmerican Bar Association's House of Delegates meeting, Holder announced the "Smart on Crime" program, which is "a sweeping initiative by the Justice Department that in effect renounces several decades of tough-on-crime anti-drug legislation and policies."[93][94] Holder said the program "will encourage U.S. attorneys to charge defendants only with crimes "for which the accompanying sentences are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins…"[93][94] Running through Holder's statements, the increasing economic burden of over-incarceration was stressed.[93][94] As of August 2013[update], the Smart on Crime program is not a legislative initiative but an effort "limited to the DOJ's policy parameters."[93][94]
During Holder's tenure as attorney general, he prohibited the Justice Department from working with local law enforcement inasset forfeitures (confiscation of assets by law enforcement in cases where criminal wrongdoing has not been alleged) in cases that did not involve joint federal-local investigations and gun and child-porn crimes. As a consequence, asset forfeitures declined sharply in the United States.[95]
In 2009, Holder announced and oversaw the federal government spending of $1 billion in grants to law enforcement agencies in every state to pay for the hiring of police officers. The money comes from the stimulus bill theAmerican Recovery and Reinvestment Act of 2009 and covered the salaries of 4,699 law enforcement officers for three years.[96][97]
When questioned about weapons regulations during a news conference to announce the arrest ofMexican drug cartel members, Holder stated that the Obama administration would seek to re-institute the expiredFederal Assault Weapons Ban, which he strongly supports.[98][99]
After the U.S. governmentfiled suit against the Swiss bankUBS AG, whom Holder had represented during his time in private practice, the attorney general recused himself from all legal matters concerning the bank, which stands accused of conspiracy in U.S.tax fraud.[100][101]
Holder presented friend and predecessorJanet Reno, Attorney General under theClinton administration, theAmerican Judicature Society's (AJS) Justice Award on April 17, 2009. The award is the highest given by the AJS, and recognizes significant contributions toward improvements in the administration of justice within the United States.[102]
After theUnited States diplomatic cables leak in December 2010, Holder said that "We have an active, ongoing, criminal investigation with regard to this matter. We are not in a position as yet to announce the result of that investigation, but the investigation is—is ongoing. To the extent that we can find anybody who was involved in the breaking of American law and who has put at risk the assets and the people that I have described, they will be held responsible," Holder said. "They will be held accountable." Holder's comments leave open a crucial question, which is whether the investigators are looking at how WikiLeaks obtained the documents (not unlike probing a news organization's source), or if they're looking at whether WikiLeaks staffers violated criminal law and should be the ones indicted.[103] In May 2016, more than a year after leaving office, Holder toldDavid Axelrod in an interview he thoughtEdward Snowden had "performed a public service by raising the debate that we engaged in and by the changes that we made", adding "I would say that doing what he did—and the way he did it—was inappropriate and illegal".[104] Republican Senate Majority LeaderMitch McConnell "lash[ed] out" at Holder, calling him "one of the worst attorneys general we've ever had" onFox & Friends.[105]
On December 8, 2014, Holder unveiled a new policy banning profiling on the basis of religion, gender, national origin, sexual orientation, and gender identity by federal law enforcement agencies.[106] However, the new policy will not apply to screenings at border and airport, as well as in intelligence operations.[107]
Holder has been critical of "enhanced interrogation techniques" and theNSA warrantless surveillance program, accusing the Bush administration of a "disrespect for the rule of law... [that is] not only wrong, it is destructive in our struggle against terrorism."[108] During his confirmation hearings, he deemedwaterboarding a form oftorture and therefore illegal.[109] In response, some Republican senators questioned him whether he would prosecute those who took part in waterboarding and delayed the confirmation vote on Holder.[110]
Holder has stated that he favors closing theGuantánamo Bay detention camp; in 2002 he said that the detainees are not technically entitled toGeneva Convention protections.[111][112] In March 2011, Holder left open the possibility that the Guantánamo Bay detention camp might remain open beyond President Obama's first term. Asked in a congressional hearing whether the prison would be closed by November 2012, Holder said: "I don't know." He said the Justice Department has established a task force to look at each of the 172 detainees being held at the Guantánamo prison to address how they should be dealt with. Holder's comments come just weeks after CIA DirectorLeon Panetta told a Senate panel that Osama bin Laden would probably be shipped to and held at the Guantánamo Bay facility if he were captured.[113]
Holder is opposed to theBush administration's implementation of thePatriot Act, saying it is "bad ultimately for law enforcement and will cost us the support of the American people."[114][115]
Holder gave a speech onracism on February 18, 2009, duringBlack History Month. "Though this nation has proudly thought of itself as an ethnic melting pot in things racial, we have always been, and we, I believe, continue to be, in too many ways, essentially a nation of cowards," said Holder. "Though race-related issues continue to occupy a significant portion of our political discussion, and though there remain many unresolved racial issues in this nation, we, average Americans, simply do not talk enough with each other about things racial," he said.[116]
The speech stirred some controversy, with some reacting favorably to Holder's comments and others sharply criticizing them.[117][118] Obama later clarified Holder's comments, saying that "I think it's fair to say that if I had been advising my attorney general, we would have used different language... I think the point that he was making is that we're oftentimes uncomfortable with talking about race until there's some sort of racial flare-up or conflict, and that we could probably be more constructive in facing up to the painful legacy of slavery and Jim Crow and discrimination."[119][120]
In May 2009, Holder's Department of Justice completed a civil suit originally brought byJ. Christian Adams of theBush Justice Department against theNew Black Panther Party, its chairman, and two of its members forvoter intimidation due to their conduct during the 2008 election. Two members of the Party had stood outside a polling station during the election in paramilitary uniforms, one carrying a nightstick. Claiming a lack of evidence, the Department of Justice dropped charges against the party, its chairman, and one of the two members who had stood outside the polling station. With the evidence presented, the Department of Justice successfully obtained a narrow injunction against the other. Former lawyers who had served under the Bush administration have stated that the current DOJ under Holder is unwilling to prosecute minorities for civil rights violations. Three other Justice Department lawyers, in recent interviews,[when?] gave the same description of the department's culture, which department officials strongly deny. In the months after the case ended, tensions persisted. Eventually,Christopher Coates (of the Justice's Civil Rights Division) acknowledged telling attorneys at a September 2009 lunch that the Obama administration was interested in filing cases – under a key voting rights section – only on behalf of minorities.[121]
During a meeting with a House subcommittee, Holder argued that the behavior of the New Black Panther Party was not comparable to historical voter intimidation against minorities, which often involved acts of violence and murder. Holder said, "When you compare what people endured in the South in the '60s to try to get the right to vote for African Americans, to compare what people subjected to that with what happened in Philadelphia… I think does a great disservice to people who put their lives on the line for my people."[122]
Critics have interpreted this comment as evidence of racial bias on Holder's part, with conservativeJames Taranto[123] ofThe Wall Street Journal arguing that "If he [Holder] approaches the job with the attitude that any group smaller than all Americans is 'my people', he is the wrong man for the position."[124] Claiming the issue was politicized from the start,[121] Democrats have argued that those on the political right, particularly Adams, used this incident for purely political gain.[122]
In May 2011, House Oversight Committee chairman, California Republican Rep.Darrell Issa and Iowa Republican Sen.Chuck Grassley sent Attorney General Holder a letter requesting details aboutOperation Fast and Furious, which had been a failed federal firearms sting operation that allegedly allowed some 2,000 weapons to reach Mexican drug gangs.[125][126] Grassley and Issa urged Holder to cooperate and turn over subpoenaed records that would reveal the scope of the alleged government coverup.[127]
In October 2011, the Justice Department released 7,600 pages of documents on Operation Fast and Furious. Republicans claimed some of those documents indicated that Holder had been sent early memos about Fast and Furious and therefore must have known about it before early 2011, which is when he had testified that he had learned about it to the House Judiciary Committee;[128][129][130][131][132] a later report from the Justice Department's independent inspector general found that Holder had "no prior knowledge" of the operation before early 2011.[133]
In April 2012, Issa announced that his committee was drafting aContempt of Congress resolution against Holder in response to the committee allegedly being "stonewalled by the Justice Department" on additional documents.[134]
On June 19, 2012, Holder met with Issa in person to discuss the requested documents. Holder said he offered to provide the documents to Issa on the condition that Issa provided his assurance that doing so would satisfy the committee subpoenas and resolve the dispute. Issa rejected the offer. Holder then told reporters "They rejected what I thought was an extraordinary offer on our part."[135]
On June 20, 2012, the Oversight Committee voted 23–17 along party lines to hold Holder in contempt of Congress for not releasing the additional documents the committee had requested.[136] A memo from Holder's office said of the vote: "It's an election-year tactic intended to distract attention."[137] Although the vote was not directly relevant to gun legislation, theNational Rifle Association of America announced that it would be scoring the contempt vote, due to Holder's previous stances on gun control legislation, placing political pressure on Democrats that wished to avoid repercussions from the gun lobby.[138]
On June 20—the same date as the Oversight Committee vote—President Obama asserted executive privilege over the remaining documents requested by the committee.[139] While Democrats argued that Holder was carrying out his constitutional role by honoring the executive privilege claim, on June 28, 2012, House SpeakerJohn Boehner scheduled a vote on the contempt resolution anyway. Holder became the first U.S. attorney general in history to be held in both criminal[140] and civil[141] contempt. He was held in contempt by the House of Representatives in a 255–67 vote, with 17 Democrats voting for the measure, 2 Republicans voting against the measure.[142] The remaining Democrats refused to vote and marched out of the House, led by Nancy Pelosi, as a means of protesting the actions of Republicans. Holder responded to the vote, describing it as "the regrettable culmination of what became a misguided and politically motivated investigation in an election year."[143]
The congressional action evoked reactions from across the political spectrum. Texas governor and Republican presidential candidateRick Perry called on Holder to resign, stating "America simply cannot tolerate an attorney general who arms the very criminals he is supposed to protect us from".[144] Republican Sen.John Cornyn, ranking member of theSubcommittee on Immigration, Refugees and Border Security also called on Holder to resign.[145] Among those opposing the contempt citation, Democratic Rep.Elijah Cummings, theranking member on theUnited States House Committee on Oversight and Government Reform said, "Holder has acted honorably; he's done everything he could to allow us to do our job, which is to investigate this matter."[146]
The Justice Department declined to prosecute the attorney general on the contempt charge, citing the fact that President Obama had assertedexecutive privilege.[147]
In September 2012, after a nineteen-month review, theUnited States Department of Justice Office of the Inspector General cleared the Attorney General of any wrongdoing with regard to Fast and Furious, stating that there was "no evidence" that Holder knew about the operation before early 2011. The report did cite fourteen lower ranking officials for possible disciplinary action.[148] Holder responded to the internal investigation, saying "It is unfortunate that some were so quick to make baseless accusations before they possessed the facts about these operations – accusations that turned out to be without foundation and that have caused a great deal of unnecessary harm and confusion."[149]
In retrospect,David Weigel ofBloomberg Businessweek called the contempt of Congress vote "both popular and stunningly ineffective, enraging Holder and turning him into a more outspoken and implacable foe of Republican policies on voting rights and policing."[150]
In August 2014, federal judgeAmy Berman Jackson ordered the Justice Department to provide Congress with a list of the previously withheld documents.[151] In October 2014, Jackson rejected a House bid to hold Holder in contempt of court, stating that it was "entirely unnecessary."[152] In January 2016, Jackson tossed out Obama's executive privilege claims but stressed that her ruling wasn't based on the merits of the claim, but instead on the fact that many of the documents had by then become public as part of the 2012 inspector general's report.[153]
Operation Choke Point was an ongoing initiative of theUnited States Department of Justice that was announced in 2013[154] and investigated banks in the United States and the business they did withpayment processors,payday lenders, and other companies believed to be at higher risk for fraud, money laundering, and terrorist financing. This operation, first disclosed in an August 2013Wall Street Journal story[155] was controversial for the potential threat to due process, as the government was pressuring financial institutions to cut off a company's access to banking services without first having shown that the targeted companies were in fact violating the law.[156][157][158][159]
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On March 6, 2013, Holder testified to theSenate Judiciary Committee that the size of large financial institutions has made it difficult for the Justice Department to bring criminal charges when they are suspected of crimes, because such charges can threaten the existence of a bank and therefore their interconnectedness may endanger the national or global economy. (Seefinancial contagion). "Some of these institutions have become too large," Holder told the committee, "It has an inhibiting impact on our ability to bring resolutions that I think would be more appropriate."[160]
In a January 29, 2013 letter to Holder, SenatorsSherrod Brown andCharles Grassley had criticized this Justice Department policy citing "important questions about the Justice Department's prosecutorial philosophy."[161] After receipt of a DOJ response letter, Brown and Grassley issued a statement saying, "The Justice Department's response is aggressively evasive. It does not answer our questions. We want to know how and why the Justice Department has determined that certain financial institutions are 'too big to jail' and that prosecuting those institutions would damage the financial system."[162][163]
Prosecution rates against crimes by large financial institutions are at 20-year lows.[164] Holder has also endorsed the notion that prosecutors, when deciding to pursue white-collar crimes, should give special consideration to "collateral consequences" of bringing charges against large corporate institutions, as outlined in a 1999 memorandum by Holder. Nearly a decade later Holder, as head of the Department of Justice, put this into practice and has demonstrated the weight "collateral consequences" has by repeatedly sought and reached deferred prosecution and non-prosecution agreements and settlements with large financial institutions such as J.P. Morgan Chase, HSBC, Countrywide Mortgage, Wells Fargo, Goldman Sachs, and others where the institution pays a fine or penalty but faces no criminal charges and admits no wrongdoing.[165][166] Whereas in the previous decade the Bush administration's Department of Justice often sought criminal charges against individuals of large institutions regardless of "collateral consequences" such as cases involvingEnron,Adelphia Communications Corporation,Tyco International, and others.
In September 2014, he described the department's rationale in a speech atNew York University:
Responsibility remains so diffuse, and top executives so insulated," Holder said, "that any misconduct could again be considered more a symptom of the institution's culture than a result of the willful actions of any single individual."[167]
According to a 2016 report prepared by Republican staff of theHouse Committee on Financial Services, Holder and other Justice Department officials had overruled the recommendation of prosecutors to pursue criminal charges againstHSBC for its alleged role in money-laundering, instead settling with the bank for the then-record amount of $1.9 billion.[168]
On November 14, 2013, Representative Pete Olson (R-TX), along with 19 Republicans, introduced a resolution proposing articles of impeachment against Holder. The articles cited Holder for his alleged role inOperation Fast and Furious, refusal to defend theDefense of Marriage Act in court, failing to prosecute anyone involved in theIRS targeting of groups based on name and political theme, and for allegedly perjuring himself by stating that he had no knowledge of any potential prosecution of members of the media for disclosure of classified material.[169][170] There were 29 co-sponsors to the bill. The bill was referred to the House Committee on the Judiciary on November 14, 2013, but no further action was taken.[171]
Holder announced his resignation on September 25, 2014, citing personal reasons. He remained in office until the Senate confirmed his successor,Loretta Lynch.[172][173][174]
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In July 2015, Holder rejoinedCovington & Burling, the law firm at which he worked before becoming attorney general. The law firm's clients have included many of the large banks Holder declined to prosecute for their alleged role in the2008 financial crisis.[175]
In early 2016, Holder was hired by theMTN Group, a South Africa-based telecommunications company as a part of its efforts to combat a $3.9 billion fine handed to the MTN Group by the government ofNigeria.[176] Rather than attempt to negotiate with the regulatory body that issued the fine, theNigerian Communications Commission (NCC), Holder worked with the Nigerian Attorney GeneralAbubakar Malami to reach a compromise. While the NCC initially rejected a proposal from Malami for a reduced fine, it later decided to reduce the fine by more than half. The MTN Group paid the reduced amount, which totaled around $1.7 billion.[177]
In October 2016, Holder announced that he would chair the newly incorporatedNational Democratic Redistricting Committee, a group aiming to support Democratic candidates in state races ahead of the redistricting that will follow the2020 census.[178]
In February 2017,Uber hired Holder to help lead an investigation into claims of sexual harassment and discrimination made public bySusan Fowler, a former employee.[179] In June, Holder delivered a 13-page document outlining his recommendations for Uber.[180] This led to Uber firing over 20 employees.[181]Emil Michael, who was CEOTravis Kalanick's right-hand man, also left the company.[182] Kalanick himself was forced into taking an indefinite leave of absence, and a week later, under pressure from investors, resigned as the CEO.[183][184]
During 2018, Holder suggested on several occasions that he might run for the presidency in 2020. In July, he told CNN he thought a presidential candidate needed five qualities—the ability to inspire others, a vision for the job, the ability to meet both the physical and mental strains of the job, and appropriate experience. Holder added that he believed he possessed those five qualities, but noted that his wife would be involved in his decision.[185] In October 2018, Holder was one of multiple individuals targeted bymailed pipe-bombs sent to Democratic lawmakers and officials.[186] On March 4, 2019, Holder announced that he would not seek the White House in 2020 but would continue his work with the National Democratic Redistricting Committee to help elect a Democratic candidate who had the five qualities he thought were necessary.[187][188]
In 2023, Holder was one of the lawyers representing Tennessee politiciansJustin Jones andJustin J. Pearson, who were expelled from the Tennessee House of Representatives for leading a protest in favor of gun control on the House floor.[189]
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In July 2024, after Joe Bidenwithdrew from the2024 United States presidential election and Vice PresidentKamala Harris launched herpresidential campaign, Holder and his law firm Covington & Burling were hired tovetvice presidential nominees.[190] On August 5, Harris chose Minnesota governorTim Walz as her running mate.[191]
Holder is married to Sharon Malone, anobstetrician and author. The couple has three children.[192] Malone's sister wasVivian Malone Jones, famous for her part in theStand in the Schoolhouse Door, which led to integration at theUniversity of Alabama.[193] Holder has been involved with various mentoring programs for inner-city youth. He is also an avid basketball fan[194] and the uncle of former NBA All-StarJeff Malone.[26] Holder and his wife live inWashington, D.C.[195]
In May 2008, while he was still in private practice,Legal Times magazine named Holder as one of the "Greatest Washington Lawyers of the Past 30 Years," describing him as one of the "Visionaries."[196] Also in that year, Holder was named byThe National Law Journal as one of "the 50 Most Influential Minority Lawyers in America."[197]The National Law Journal commended Holder's practice in the areas of civil litigation and white-collar defense, as well as his work as a national co-chair for Obama's campaign.[198]
On May 16, 2010, Holder delivered the commencement address atBoston University, for both the all-university ceremony and theSchool of Law. In addition, he was presented with an honoraryDoctor of Laws degree.[199]
On May 22, 2011, Holder delivered the commencement address at theUniversity of Virginia School of Law. Holder encouraged the graduates to emulate Virginia Law alumnusRobert F. Kennedy's legacy of service.[200] On May 19, 2009, Holder was chosen by his alma mater, Columbia College, to be its Class Day Speaker.[201]
In May 2009, Holder visited Barbados and met with government representatives from across theCaribbean. The government renamed the Tamarind Hall municipal building located at Tamarind Hall, Blackmans, St. Joseph after Holder. Now known as theEric Holder Jr. Municipal Complex,[202] this centre was constructed byGovernment of Barbados to house a Magistrate's Court, a police station, a branch of the public library, in addition to the St. Joseph district Post Office. The centre was officially opened on May 22, 2009, by the U.S. attorney general, Mr. Eric Holder Jr. while on a visit. In June 2009, the Government of Barbados announced that it would begin a project to determine the first 100 Great Barbadians, who would be selected by the public of Barbados. At the announcement of the project it was announced that Holder was the first candidate nominated for the final list.[203]
In 2012, Holder received the Golden Plate Award of theAmerican Academy of Achievement.[204][205]
In August 2012, theNational Urban League named Holder as a recipient of their "Living Legend" award, along with singerStevie Wonder.[206]
In April 2013, Holder acknowledged having the position of the President's 'wing-man' and being there as the President's 'boy' during a radio interview with Tom Joyner.[207] These awards and recognition are noteworthy because they contradict Holder's own public position that there should be "...a distance between [an Attorney General] and the president."[208]
Holder delivered the commencement address atHarvard Law School in May 2012,[209] theUC Berkeley School of Law in May 2013,[210] and theUCLA School of Law in June 2020.[211]
Holder received an honoraryDoctor of Laws from his alma mater,Columbia University, in May 2017.[212]
U.S. Attorney General Eric Holder and the Executive Director of the ACLU Anthony Romero at the 2012 Summit.
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News from Wikinews
Quotations from Wikiquote
Data from Wikidata| Legal offices | ||
|---|---|---|
| Preceded by | United States Deputy Attorney General 1997–2001 | Succeeded by |
| Preceded by | United States Attorney General Acting 2001 | Succeeded by |
| Preceded by | United States Attorney General 2009–2015 | Succeeded by |
| U.S. order of precedence (ceremonial) | ||
| Preceded byas Former U.S. Cabinet Member | Order of precedence of the United States as Former U.S. Cabinet Member | Succeeded byas Former U.S. Cabinet Member |
