http://www.cnsnews.com/public/content/article.aspx?RsrcID=42019
 
Holder Defends Terrorists' Clemency, Calls Rich Pardon a 'Mistake'
Friday, January 16, 2009
By Fred Lucas, Staff Writer 



Anthony S. Senft who recently retired from the NYPD bomb squad sits in his
home in Bohemia, N.Y., Monday, Jan. 12, 2009. Senft's life changed forever
when a bomb set by Puerto Rican separatists exploded, blowing him 15 feet in
the air and blinding him in one eye. Now, he's angry that the former U.S.
official who played a key role in awarding clemency to the bombers, Eric
Holder, is President-elect Barack Obama's choice to run the Justice
Department as attorney general. (AP Photo/Ed Betz)
 
 
Capitol Hill (CNSNews.com) - In his Senate confirmation hearing Thursday,
attorney-general nominee Eric Holder responded to the two top criticisms
leveled against him by (1) defending clemency for members of a terrorist
group and (2) saying,  "I will be a better attorney general for having had
the Marc Rich experience."
 
Holder has been criticized for several controversial and suspected
politicized decisions he made as deputy attorney general during the Clinton
administration.
 
Chief among these have been his role, which he says he regrets, in President
Clinton's pardon of fugitive financier Marc Rich. Rich's ex-wife, Denise
Rich, had made large campaign donations to the Democratic Party. Rich was
indicted in 1983 by federal prosecutors on 51 counts, including trading with
the enemy, fraud and tax evasion. 
 
The other controversy regarded Clinton's pardon of 16 FALN (Armed Forces of
National Liberation) Puerto Rican terrorists in 1999, which Holder said
Thursday he did not regret.  The FALN members had, according to the FBI,
been linked to "more than 130 bombings, several armed robberies, six
slayings and injury to hundreds of others," reported
<http://www.baltimoresun.com/news/nation/bal-te.holder09jan09,0,4717522.stor
y> The Baltimore Sun. 
 
Holder faced questions on these matters during his confirmation hearing in
front of the Senate Judiciary Committee.
 
Early in his testimony, Holder seemed to please Democrats by proclaiming
that water-boarding is "torture" and for calling for the closing of the
Guantanamo Bay prison. Holder also said that he respected the Supreme
Court's decision confirming an individual's constitutional right to bear
arms, to own a gun for self-defense as well as sporting. 
 
In response to a question from Sen. Dick Durbin (D-Ill.), about
interrogation techniques such as sleep deprivation, use of dogs and forced
nudity, Holder said, "I would not go so far as to say those constitute
torture." But he said they could violate international law standards against
humane treatment of prisoners of war.
 
While Democrats repeatedly asked questions about counter-terrorism measures
taken by the Bush Administration, the Republicans tried to keep the topic on
the Rich pardon and other controversial aspects of Holder's career. 
 
"If you take a look at the hard facts, it's hard for me to see how you could
come to the conclusion you did" about the Marc Rich pardon, Sen. Arlen
Specter (R-Pa.) said. "Given your experience and background, how do you
explain this beyond simply saying it was a mistake?"
 
Holder said that much of the public information Specter cited came from the
investigation by the House Oversight and Government Reform committee. He
disputed two points about the committee's report: One, he said he did not
recommend lawyer Jack Quinn to represent Rich, and two, he did not tell
Quinn to send the pardon request directly to the White House. 
 
"I made a mistake in that matter," Holder told the committee in response to
a question from Sen. Sam Brownback (R-Kan.). "I was not aware of the
political contributions and connections of Mr. Rich's wife."
 
Sen. Jeff Sessions (R-Ala.) called the FALN pardon "inexplicable," and asked
him if he believed the decision was correct.
 
Holder said that many distinguished people supported the pardons, including
former President Jimmy Carter, members of Congress and clergy. 
 
"These were criminals, these were terrorists, these were bad people," Holder
said. "The president's determination was they did not commit any acts
themselves. Given the length of the sentences, 16-to-19 years, given the
lengthy sentences, it was his determination that the clemency requests were
appropriate. Given all that I've described, what the president did was
reasonable."
 
Holder stressed that he would have viewed the matter differently in a
post-9/11 world on whether to recommend clemency for the FALN members.
 
"What I did was not a mistake in the same way the Marc Rich pardon was a
mistake," he said. 
 
 

"Government is not reason; it is not eloquence; it is force! Like fire, it
is 

a dangerous servant and a fearful master." -- George Washington

 


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