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Neil Lewis of the New York Times takes a look at what we can expect from a Justice Department headed by Eric Holder, who is likely to be confirmed as attorney general later today. The findings: the laws will be enforced, the Constitution will be considered binding, the government will take its commitments to the global community seriously. The Bush Administration’s guiding principle of omertà will fade in favor of public accountability for the acts of public servants. The Civil Rights Division will actually resume enforcement of civil rights legislation. The Office of Legal Counsel will cease directing criminal conspiracies and will instead issue level-headed legal advice driven by respect for the rule of law. Lewis points to some of the litigation positions in place that Holder will want to reconsider. The state secrets doctrine, for instance, has existed at least since the administration of Thomas Jefferson. But roughly 90 percent of all in-court invocations of this doctrine from the founding of the American Republic through today occurred during the Bush Administration. Something is seriously wrong with this picture, since the claim of state secrets now almost invariably occurs to cloak some embarrassing, and often criminal, conduct in which the administration engaged. If Holder is serious about the disinfectant benefits of sunshine, he will want to start reversing this pattern of abuse. One instance involves victims of warrantless surveillance by the Bush team, which was almost certainly felonious. Bush Administration lawyers rushed to try to block the suit in the final hours before Bush left office:
A federal trial judge in San Francisco ruled that the government could not invoke the doctrine to block a lawsuit by al-Haramain, which has asserted that the government illegally listened in on its conversations. The Bush administration used the doctrine to block more than two dozen lawsuits. In timing that was a bit of a surprise, the Justice Department lawyers who have handled the lawsuit filed a motion with the court an hour before Inauguration Day that held to the same position. Some Obama administration figures regarded the filing before midnight on Jan. 19 as a rear-guard action to make it more difficult to reverse course.
As Eric Holder enters the smoldering wreckage of the Justice Department, the challenges he faces will require extraordinary energy and exertion. He will enter with only a few hundred political appointees, while far larger number of “loyal Bushies” have been burrowed (illegally, as the Department acknowledges in its own internal probe) deeply into the institution. The first struggle on the horizon is likely to be a struggle within Justice for the institution’s soul. I expect sabotage and disinformation to flow freely for several months. Hang on for the ride.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
In Havana, the past year has been marked by a parade of bold-faced names from the north — John Kerry reopening the United States Embassy; Andrew Cuomo bringing a delegation of American business leaders; celebrities ranging from Joe Torre, traveling on behalf of Major League Baseball to oversee an exhibition game between the Tampa Bay Rays and the Cuban national team, to Jimmy Buffett, said to be considering opening one of his Margaritaville restaurants there. All this culminated with a three-day trip in March by Barack Obama, the first American president to visit Cuba since Calvin Coolidge in 1928. But to those who know the city well, perhaps nothing said as much about the transformation of political relations between the United States and Cuba that began in December 2014 as a concert in the Tribuna Antiimperialista.
Chances that a Republican man believes that “poor people have hard lives”:
A school in South Korea was planning to deploy a robot to protect students from unwanted seductions.
Nuremberg’s Neues Museum filed a criminal complaint against a 91-year-old woman who completed a crossword puzzle that was in fact a $116,000 piece of avant-garde Danish art.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”