Posted by Orin Kerr:
The Report on the Clinton Pardons That Called Eric Holder's Conduct
"Unconscionable":
http://volokh.com/archives/archive_2008_11_16-2008_11_22.shtml#1227133859
In its [1]NRO editorial on Eric Holder, the NRO editors pointed out
the congressional report that had described his conduct in the Marc
Rich pardon as "unconscionable." I haven't seen the report linked to
online, but you can find the report here: [2]Justice Undone: Clememcy
Decisions in the Clinton White House (2002), by the House Committee on
Government Reform chaired by Dan Burton. (Search for "unconscionable"
to get to the key section.)
The report offers a combination of factual reporting and
speculation, and it contends that Holder's action in the Marc Rich
pardon was "unconscionable" mostly because it bypassed the career
attorneys who clearly opposed the pardon:
One of Holder's primary duties in the pardon process was to make
sure that the views of the Justice Department were adequately
represented in the pardon process. In addition, as a Justice
Department employee, he was bound by federal regulations that
required the Justice Department to review pardon petitions before
they were presented to the White House. Finally, as a simple matter
of prudence, Holder should have ensured that he knew something
about the pardon before he took action that substantially assisted
the chances that the pardon would be issued. By helping Quinn
circumvent the Justice Department, Holder ensured that his own
prosecutors would not be able to express their opinion about the
Rich case. In so doing, Holder disserved his own Department, as
well as the statutes he was sworn to uphold.
I'm not sure what the statutes were that were allegedly violated (I
haven't read the full report yet), but I did want to just flag the
report for readers who are interested in following the Holder
nomination.
References
1.
http://article.nationalreview.com/?q=YmM1OGM4OGRiNTI5NTIzOTFkMDAwMTJiNGFlYWFiZGI=
2.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_reports&docid=f:hr454v1.107
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