Hold the Line on Holder

At least one nominee to each of the last three incoming administrations has either been rejected by the Senate or forced by pressure from the opposition party to withdraw his nomination because of ethical concerns. Already, one nominee to the incoming Obama Administration has withdrawn his name from consideration for such reasons: Bill Richardson. The loss of the experienced and Hispanic Richardson is significant for Obama, as well as embarrassing.

However, Richardson's withdrawal did not feel pressured. Although I have expressed some general relief at Obama's nominations thus far, I had intended to express particular concern about his nomination for Attorney General, Eric Holder. If there is one Obama nominee that deserves rejection, it is probably Holder.

Today, Pennsylvania Senator Arlen Specter summarized on the Floor of the Senate three areas of concern about Holder. The first two are Holder's role in Bill Clinton's pardons of Marc Rich and the FALN terrorists. Rich was the biggest tax cheat in American history and also had violated the Trading with the Enemy Act in regard to Iran. Rich's wife had made significant donations to the Clinton library. The FALN is a pro-Puerto Rican independence terrorist organization that went on a memorable bloody bombing spree in New York City in 1983. Clinton pardoned the terrorists despite opposition from the FBI and others. Questions were raised as to the political expedience of having pardoned them for the political benefit of Senate candidate Hillary Clinton. Holder did not object to either infamous pardon.

The other concern about Holder is his role in opposing the appointment by Attorney General Janet Reno of an independent prosecutor for the Democratic fundraising scandal, despite pleas from the FBI and others do appoint one.

We should encourage Specter and his colleagues in the Senate to demand satisfactory answers to all questions about Holder's record. If they believe Holder to be unfit for the job of chief prosecutor in the United States, then they ought to reject him.

Although Obama's personal honesty has not been questioned seriously, the continued scandal regarding Illinois Governor Rod Blagojevich's appointment to replace Obama in the Senate, combined with the Richardson and Holder nominations, are creating a surprising ethical cloud over the incoming administration. Obama would be wise to distance himself from any scandals and withdraw Holder from consideration if the facts emerge that warrant Holder's rejection.