September 28, 2014

With the recent announcement that Attorney General Holder is resigning, there has been much discussion about his legacy and his role in American jurisprudence as chief law enforcement officer of the United States. While many of our former Attorney Generals have engaged in politics before assuming the office, Eric Holder has transformed the office to that of a political advocate. Not satisfied with the pace of change, Eric Holder simply decided to disavow the constitution rather than follow the under pinning of our Republic. While it's true that some decisions have been influenced by politics, no attorney general has ever sought to transform the concept of law into a flexible code that is governed by the vision of what was once considered the fringe viewpoint. It is the principle of any means necessary irregardless of the damage to the rule of law. Unfortunately, his actions have created a precedent which has become the blueprint for lawlessness for the next administration to follow.  

One of the first issues the attorney general decided to tackle was race. Instead of looking for ways to bring Americans together, he decided to take the low road and add fire to the debate. He called America a “nation of cowards” claiming that Americans refuse to discuss the issue. Why would anyone choose to discuss the explosive issue when the very person in charge of the nation’s civil rights laws begins by attacking his fellow Americans. This was a sign of his twisted vision of civil rights. Instead of acknowledging how far we have come as a nation with the election of our first black President, he choose to focus on bitterness. 

It was no surprise that he believed that voter ID laws were akin to a poll tax. The irony is that the National Association for the Advancement of Color People required people to show identity documents before being allowed entry into their most recent convention. Currently no one can fly on a plane unless they can prove who they are. Why then is it inappropriate to ask for ID to show who you are when you vote? By asking for ID, it actually upholds the integrity of the process and prevents the disinfrancisedment of all Americans as all voters will assured that all votes count equally.  

His opinion on race was a reflection of the President's view. Barack Obama had a twenty year relationship with the so called reverend Wright  who preached hate for America and who promulgated racial division. This is why Eric Holder refused to prosecute Black Panthers who tried to intimidate white voters in Philadelphia. He made it clear the the civil rights laws were not really intended for whites but also excluded those of faith. During the Congressional hearings on the federal hate crimes law, he acknowledged that the law would protect a homosexual who is attacked based on his sexual orientation but not a pastor who is attacked by a homosexual who disagrees with the pastor’s preaching on sexual immorality.  

As the chief law enforcement officer of the United SZtates, he has a duty to defend a law passed by congress as there is a presumption that the law is constitutional. When Congress passed the Defense of Marriage Act or DOMA, the majority of Americans agreed that while states have the right to define marriage, the federal government cannot be forced to recognize homosexual marriages as it would one day nullify states rights. Even though numerous federal judges upheld DOMA, the Attorney General decided to unilaterally take on the role of the judiciary and the legislative branch by making the sudden determination that DOMA was no longer constitutional and that he would no longer defend federal law in violation of his oath. Then taking on the role of activist, he announced that he would seek to undermine and overturn the law on behalf of the federal government.  

When the Suprmeme ruled in Windsor, they actually referred to the conflict involving the separation of powers in their decision. But even with his unethical victory, the Attorney General has decided to recognize homosexual marriages from those states where it is illegal under state law and encourage Attorney Generals from other states to stop defending state law. Instead of allowing the issue to play out in our judicial system, he decided to short circuit the process by undermining it.  

His tenure has been marked by scandal after scandal. He has refused to investigate the IRS who targeted Americans based on their political views. He sought to try unlawful enemy combatants responsible for 911 in federal court granting them the same constituinal rights afforded to citizens only to be rebuked by Congress and the American people. He refused to provide documents to congress in the Fast and Furious ATF gun running operation which led to a congressional vote making him the first AG to be held in contempt of congress.  

Eric holder’s legacy is a personal failure but it is also a failure of our government. The American people deserve equal justice under the law and an Attorney General who has reverence for the constitution. While it is reasonable to acknowledge that there is some level of politics in everything we do, it should never be the norm to take on the role of activist, radical or ideologue when enforcing federal law. While we can’t change the past, the President can work to restore trust by naming an Attorney General who serves all the People equally. One can only hope.