from Ken Anderson:

Mark,

Actually, I find Greenwald's discussion to be a lot of hot air.  Trying to
discern Holder's views on "the rule of law" based on impassioned speeches
criticizing the Bush administration is a fool's errand.  After all, we
have seen Obama flop over backwards on telecom immunity, as have any
number of Democrats, after roundly criticizing it as a violation of the
"rule of law."  Now we see Specter, having voted for immunity, still
blabbering on about how wrong it is.

Furthermore, let's not forget that Greenwald is a lawyer and his dismissal
of criticism of Holder's representation of Chiquita is a typical knee-jerk
reactionary lawyerism.  This stems from the usual position that,
ultimately, lawyers cannot be tainted by the actions of clients; they're
just "doing their job," and admirably so, in the defense of high-minded
legal principles.  As Greenwald breathlessly intones, lawyers like Holder
are "performing a vital service for our justice system. "

Sure, one can argue that, because it makes lawyering for an admittedly
corrupt and criminal enterprise a thing of noble beauty.  But that is not
often why any lawyer would take such a case, and Greenwald knows it.
Admitted guilt in the criminal case against Chiquita had already been
established.  Holder's counsel was retained after Chiquita admitted to and
was found guilty of criminal charges in funding and arming the death
squads of a designated terrorist organisation, the AUC.  With connections
to the DoJ, Holder was brought in to help negotiate a sweetheart deal for
Chiquita in an ex post facto civil case brought by the families of murder
victims.

But the larger concern is that Holder will continue to exhibit a conflict
of interest performance against the HRW recommendations that certain
paramilitary leaders now held by the US should be deposed to "fully
disclose information about atrocities and name all Colombian or foreign
officials, business or individuals who may have facilitated their criminal
activities."  At least one of these paramilitary leaders appears ready to
sing.  If Greenwald doesn't see that Holder's past association with
Chiquita may create some pause within a Department of Justice that no one
trusts anymore, then he has more faith in Holder than I suspect Holder
deserves.

If Holder does do this, well, that will be great day for honest lawyering
and would evidence a newly invigorated DoJ.

But don't hold your breath.

-Ken



>  This piece is more detailed and thoughtful than the one I sent out
>  earlier, from MAMA Radio.

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