The resignation of Eric Holder as the 82nd US Attorney General brings to a close one of the most curious chapters in American jurisprudence. He held the position since the start of the Obama Administration.
Mr. Holder had served as a Deputy Attorney General under President Clinton, after previous service as U.S. Attorney for the District of Columbia and Associate Judge of the Supreme Court of the District of Columbia.
To some extent, the position of Attorney General is a political one, since the office is filled via a presidential appointment. The same may be said for the Justices of the U.S. Supreme Court, who are also nominated by the President. That august institution, however, has been notably independent of bias. A prime example was the decision by the Court in the Affordable Care Act case, in which Obamacare was found constitutional thanks to the deciding vote of a Chief Justice who was a Republican appointee.
Many of Mr. Holder’s predecessors engaged in some actions which had political or ideological attributes. However, his tenure was unique in that he warped this federal agency into little more than an arm of the left wing of the Democrat Party. It was also distinguished in that, under his direction, it not only failed to enforce laws the President didn’t personally care for, it aggressively moved to fight law enforcement officials on the state and local level who simply performed their duty and who attempted to appropriately apply relevant laws not favored by the Oval Office.
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The disturbing nature of the Department of Justice under Mr. Holder become evident almost immediately upon his taking office. Despite blatant and clear evidence of voter intimidation against those who weren’t pro-Obama in Philadelphia, he chose to suppress what one former DOJ staffer described as the worst case of voter intimidation he had ever seen. Questionable use of the Department was also evident in attempts to halt state efforts to prevent illegal voting.
The partisan nature prevalent in Mr. Holder’s reign was manifest in numerous areas, including its hasty involvement in several cases that the White House chose to exploit in an effort to rouse its political base.
Mr. Holder has to date escaped prosecution for his actions as Attorney General due to the fact that he holds the reins of law enforcement, although the matter of his contempt of Congress charge will presumably go forward. He may continue to evade penalties in the same way that he himself assisted in the prevention of another politico, Marc Rich, from facing liability, through facilitating a presidential pardon that could be expected at the end of the Obama term.