Attorney Generals: Ashcroft, Gonzales, Holder
One of the glaring weaknesses of virtually all reporting on Washington scandals and controversies is the lack of perspective and historical context associated with the conduct. This failure holds true in the not only the reporting on controversies surrounding Attorney General Eric Holder but Congressional investigations as well. While a historical perspective doesn’t mitigate the need for a proper inquiry into allegations of misconduct, it allows the consumer of the information to discount the spin of political pundits.
Ashcroft and Gonzales exceeded authority
When we review the controversies of Holder next to previous Attorney Generals of Ashcroft and Gonzales, it is plain to see his actions, regardless of the controversy, are rather tame in comparison. Both Ashcroft and Gonzales were given cover for their unconstitutional actions by the constantly hyped “war on terror”. Holder’s recent administrative actions targeting reporters over national security leaks has been magnified by the American body of journalists who feel threatened and control the flow of information out into the public domain.
The cover of “war on terror”
After 9-11, much to the dismay of those in the White House and Vice President, Ashcroft appointed himself chief protector of the United States. His zeal for rooting out the “evil doers” living among us and protecting Christian Fundamentalism was only exceeded by those elements in the Administration that regarded the Constitution as a pot hole in the road to authoritarianism.
John Ashcroft AG 2001 – 2005
Ashcroft handed in is resignation letter on the day George Bush was elected to a second term. The speculation was that Ashcroft resigned because he could no longer tolerate other Administration official’s, including the Vice President’s, lack of regard for the Constitution. Here is a sampling of Ashcroft’s controversial and scandalous actions as Attorney General
Washington Post – Ashcroft’s Complex Tenure At Justice
Roger Pilon, Director of libertarian Cato Institute’s Center for Constitutional Studies, “I am concerned that as events arise, we will see more of his mindset, which is far more authoritarian than libertarian.
Announced: Jose Padilla had been arrested for plotting a “dirty bomb” attack while traveling in Russia in a hastily arranged announcement from a Moscow studio. Padilla, a U.S. Citizen, was designated an enemy combatant and turned over to the military. That designation was later overturned and he was tried in a civilian court.
Suggested: Al Qaeda is in the country waiting to strike again, 2002
Endorsed: Secret military courts and Military Tribunals
Supported: Suspension of Due Process, warrantless searches of citizens
Ordered: Immigration hearings be conducted in secret.
Ordered: Physician assisted suicide was not a legitimate medical purpose for prescribing federally controlled substances to stop Oregon’s recently passed Death with Dignity Act. The Ashcroft Directive was overturned by the Supreme Court in 2006
Directed: “Ashcroft Memo” directed Federal agencies to hold back on public information requests. Rescinded by Holder Memo
Amended: Relaxed restrictions on F.B.I. spying on U.S. religious and political organizations
Developed: New library circulation guidelines that enabled the F.B.I. to engage in domestic surveillance of library patrons.
Detained: Ordered the detention of 5,000 foreign nationals and no convictions.
Alberto Gonzales AG 2005 – 2007
Gonzales was finally forced to resign after several Congressional inquiries where he failed to recollect the nature and discussions over the dismissal of nine U.S. Attorneys.
Fired: Nine U. S. Attorney’s dismissed for not blocking investigations into Republicans or initiating investigations into Democrats.
Senate investigation – Senator Chuck Schumer of New York, who had been the first lawmaker to call for Gonzales’ ouster, declined to ask his last round of questions. Instead, a visibly angry Schumer said there was no point to further questioning and reiterated his call for Gonzales to resign. By Schumer’s count, Gonzales had stated “over a hundred times” that he didn’t know or couldn’t recall important details concerning the firings, and also didn’t seem to know about the workings of his own department. Gonzales responded that the onus was on the committee to prove whether anything improper occurred. Schumer replied that Gonzales faced a higher standard, and that under this standard he had to give “a full, complete and convincing explanation” for why the eight attorneys were fired.
Obstructed: Asks C.I.A. Director not to notify Congress about wiretapped conversation between Rep. Jane Harman (D-CA) and Israeli intelligence operative.
Defended: National Security Agency’s domestic eavesdropping program in 42-page analysis citing Constitution and Federalist Papers.
Discredited: F.B.I. Director Robert Mueller III, contradicts Alberto Gonzales testimony before congress regarding confrontations over the N.S.A. eavesdropping program, its internal dispute and potential mass resignations over it.
Denies: There is no express right to habeas corpus in the U.S. Constitution
Supported: Enhanced interrogation techniques: Torture
Eric Holder AG 2009 – present
Fast and Furious: program to track illegal purchases of assault weapons was initiated by the Bureau of Alcohol Tobacco and Firearms (ATF) in 2006 under Attorney General Alberto Gonzales. ATF falls under the supervision of the Attorney General’s office. ATF looses track of various weapons which are subsequently used to kill a U.S. citizen.
Associated Press Subpoenas: investigation into national security leaks using Constitutional methods to obtain information.
Fox News Subpoenas: another investigation into national security leaks in which AG subpoenaed the phone records for Fox News reporter James Rosen.
Holder has had some missteps in his tenure as Attorney General. None of his actions rise to the level of authoritarian regime building of his predecessors Ashcroft and Gonzales. He has bent over backwards to comply with requests from Congress for information even though they subsequently cited him for contempt. The real citation should go to the Bush Attorney Generals for elevating themselves above the Constitution and abuse of power.
When we compare the records of Ashcroft and Gonzales to that of Eric Holder, it is clear that Attorney General Holder has been administering his office and agency in accordance with the U.S. Constitution and he has not attempted to re-write the Constitution as his predecessors sought to do.