Posted on 09/28/2014 5:09:49 PM PDT by Kaslin
John Yoo (of Bush 43 administration fame) has penned a rather counterintuitive editorial this weekend on the future of outgoing Attorney General Eric Holder. In it, he begins by building a laundry list of complaints about some of the worst moments of Holder’s tenure as AG. (There’s really no need to repeat them here, as regular readers are already far too familiar with the subjects in question.) But after that, he switches to the subject of Holder’s failure to hold, in general terms, to his constitutional duties.
But worst of all was not Holder’s political or prosecution choices, but his refusal to obey the Constitution. The AG is the nation’s law enforcement officer, second only to the president. His most important and unique job is to interpret and enforce the Constitution for the executive branch. On Holder’s watch, the Obama administration has refused to carry out the laws, as required by the Constitution’s Take Care Clause, in areas ranging from Obamacare to immigration to welfare. The only exception to the president’s duty to carry out the Acts of Congress is if the laws themselves are unconstitutional and hence violate the higher law. But in all of these cases, the Obama administration knew that these laws raised no constitutional problems — it merely disagreed with the policies, even with laws that it supported during enactment.
Fair enough. But that brings Yoo to the premise of his column, which is to say that Holder will “regret” these actions. How exactly would that work?
Holder and his supporters, who know these decisions violate the Constitution but kept silent because of their partisan support for Obama, will rue their abuse of presidential power. Future presidents will be able to change tax rates or refuse to prosecute political supporters under these theories. Future conservative presidents may use the same claim to start dismantling the overgrown welfare state without the assent of Congress. We happily see Holder go, but he will have more regret not just looking back at the controversies that wracked the Department of Justice under his care, but when he ponders the future when conservative AGs turn his precedents against the bloated welfare state that he loves.
When I first looked at this article, I thought perhaps that Yoo was implying Holder either already knew of the shortcomings in his performance, or would realize them in the fullness of time and come to feel some remorse. Were that the case, I would have to disagree. I believe that Holder went into this job with eyes wide open and charted his course to accomplish the goals that he and Barack Obama had set out. When conditions arose which required him to deviate significantly from his role as Lawyer of the People he did so without hesitation, and I honestly doubt that he will ever regret that.
But to Yoo’s actual point, I suppose it’s possible. I would like to think that future AGs (of either party) would learn from this negative example and steer a straighter course. But history doesn’t make me hopeful. When past presidents have seized increasing amounts of executive power, those who followed did not recoil in shame… they continued the expansion. And if Holder sails off into the sunset with no accounting for his actions, the AG office will sadly continue to morph into more and more of a political tool for the party controlling the White House. Even if that doesn’t cause any regret for Eric Holder, it should bring some sadness for the rest of us.
“The first time a republican tries that the media, instantly converted into fierce guardians of each letter of the Constitution, will suddenly be flush with ‘sky is falling’ legal experts telling us the end is nigh.”
You are absolutely right. In that case, would that make the media ultra-liberal-conservatives or far-right-leftists?
The first action by a Republican president in Jan 2016:
“I hereby revoke each and every executive order issued between the dates Jan 21, 2009 and this moment.”
If there were one worth keeping, the president could, at his leisure, reinstate it.
No.
But if there is any cosmic justice in the universe, one hopes that he lives to regret his own birth.
I’m hoping he regrets the rest of his life in a federal penitentiary.... And soon.
That would actually happen if we had a real justice system and the political class didn’t protect each other. Obama would be there too.
If he’s sitting in prison waiting for a pardon from Barry, he might.
Psychopaths have no regrets.
Wasn’t aware that the U.S. AG’s job had anything to do with interpreting the constitution. Thought that was the job of the court system,or am I just imagining that’s the way it used to be?
I hope he ends up regretting his time in prison for all the things he did when he was AG. But it’s hope against hope.
Not to worry. This is simply Eric “clearing his calendar” so he can join “Schmeckel Boy” for 2016. Go Wiener/Holder!
Does, Janet Reno regret anything? No. Eric Holder did exactly, what he was intended to do- with a full heart.
In his mind, he is a hero and has done no wrong. People don’t get it...they are doing exactly what they want to do. Is there any doubt in any thinking person’s mind that this administration is intent on making the USA just another country...backing us down from world leadership? They are achieving that goal. Why would they regret success?
Poignant ...and true. However his time in government has made him a very rich man while allowing him to bring racism back with a vengeful twist.
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