The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010)

Justitia, symbol of the judiciary^[1][2] (statue at Shelby County Courthouse, Memphis, TN, United States)

The "Judiciary" (also known as the judicial system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "Supreme court" or "Constitutional court"), together with lower courts.

In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.

During last decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation".^[3] Since many a country with a transitional political and economic system continues treating its constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches began to grow.

In the 1980s, the Supreme Court of India for almost a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution.^[4]

Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive. The latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics. It is important to distinguish between the two methods of corruption of the judiciary: the state (through budget planning and various privileges), and the private.^[5]

The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as well as the staffs who keep the system running smoothly.

History[link]

After the French Revolution, lawmakers stopped interpretation of law by judges, and the legislature was the only body permitted to interpret the law; this prohibition was later overturned by the Code Napoléon.^[6]

In civil law jurisdictions at present, judges interpret the law to about the same extent as in common law jurisdictions^{[citation needed]} – though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power to make law. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law.

Various functions[link]

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• In common or provinces^{[clarification needed]}, courts interpret law, including constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law.
• In civil law jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged. In practice, jurisprudence plays the same role as case law^{[citation needed]}.
• In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court. State courts, which try 98% of litigation,^[7] may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts".^[8] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.^[9]
• In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases.
• In the People Republic of China, the final authority on the interpretation of the law is the National People's Congress.
• Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times.

See also[link]

• Bench (law)
• Constitutional economics
• Corruption
• Judicial independence
• Judicial review
• Legislature
• Rule According to Higher Law
• Rule of law

Further reading[link]

• Cardozo, Benjamin N. (1998). The Nature of the Judicial Process. New Haven: Yale University Press.
• Feinberg, Kenneth, Jack Kress, Gary McDowell, and Warren E. Burger (1986). The High Cost and Effect of Litigation, 3 vols.
• Frank, Jerome (1985). Law and the Modern Mind. Birmingham, AL: Legal Classics Library.
• Levi, Edward H. (1949) An Introduction to Legal Reasoning. Chicago: University of Chicago Press.
• Marshall, Thurgood (2001). Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences. Chicago: Lawrence Hill Books.
• McCloskey, Robert G., and Sanford Levinson (2005). The American Supreme Court, 4th ed. Chicago: University of Chicago Press.
• Miller, Arthur S. (1985). Politics, Democracy and the Supreme Court: Essays on the Future of Constitutional Theory. Westport, CT: Greenwood Press.
• Tribe, Laurence (1985). God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History. New York: Random House.
• Zelermyer, William (1977). The Legal System in Operation. St. Paul, MN: West Publishing.

Notes[link]

Look up judiciary in Wiktionary, the free dictionary.

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Patrick Scott (born 1921 in Kilbrittain, County Cork) is an Irish artist.

Patrick Scott had his first exhibition in 1944, but trained as an architect and did not become a full time artist until 1960. He worked for fifteen years for the Irish architect Michael Scott, assisting, for example, in the design of Busáras, the central bus station in Dublin. He is also responsible for the orange livery of Irish intercity trains.

Patrick Scott is best known for his gold paintings, abstracts incorporating geometrical forms in gold leaf against a pale tempura background. He also produces tapestries and carpets.

His paintings are in several important collections including the Museum of Modern Art in New York. He won the Guggenheim Award in 1960, represented Ireland in the XXX Venice Biennale, the Douglas Hyde Gallery held a major retrospective of his work in 1981 and the Hugh Lane Gallery in Dublin held a major survey in 2002. His works are distinguished by their purity and sense of calm, reflecting his own interest in Zen Buddhism.

On July 11, 2007, Scott, who is a founding member of Aosdána, was conferred with the title of Saoi, the highest honour that can be bestowed upon an Irish artist. Uachtarán na hÉireann Mary McAleese made the presentation, placing a gold torc, the symbol of the office of Saoi, around his neck. No more than seven living members may hold this honour at any one time.^[3]

Work in collections[link]

• Dublin City University:
  • Sea Foam
• Hugh Lane Municipal Gallery of Modern Art, Dublin
• Gulf Oil Corporation, Pittsburg
• Ulster Museum, Belfast
• The Museum of Modern Art, New York
• Irish Museum of Modern Art, Dublin
• Trinity College, Dublin
• National University of Ireland, Galway

References[link]

External links[link]

• Aosdána biographical note
• IACI O'Malley Art Award presented to Patrick Scott

This Irish painter article is a stub. You can help Wikipedia by expanding it. v t e

Ted Cruz
Texas Solicitor General
In office 2003 – May 2008
Preceded by	Julie Parsley
Succeeded by	James C. Ho
Personal details
Born	(1970-12-22) December 22, 1970 (age 41) Calgary, Alberta, Canada[1]
Political party	Republican
Spouse(s)	Heidi Suzanne Cruz
Children	Caroline Camille Catherine Christiane
Residence	Houston, Texas
Alma mater	Princeton University Harvard Law School
Profession	Attorney
Religion	Southern Baptist[2]
Website	tedcruz.org

Rafael Edward Cruz, known as Ted Cruz (born December 22, 1970), is the former Solicitor General of the U.S. state of Texas, a position which he held from 2003 to May 2008. Cruz was appointed by Texas Attorney General Greg Abbott. He was the first Hispanic Solicitor General in Texas, the youngest Solicitor General in the United States, and had the longest tenure in the post thus far in Texas history. He is currently a partner at the law firm Morgan, Lewis & Bockius, where he leads the firm’s U.S. Supreme Court and national appellate litigation practice.^[3]

Cruz is a candidate for the 2012 Republican nomination for the United States Senate seat being vacated by Kay Bailey Hutchison.^[4]

Cruz previously served as the director of the Office of Policy Planning at the Federal Trade Commission, an Associate Deputy Attorney General at the United States Department of Justice, and as Domestic Policy Advisor to U.S. President George W. Bush on the 2000 Bush-Cheney campaign. In addition, from 2004-2009 Cruz was an Adjunct Professor of Law at the University of Texas School of Law in Austin, where he taught U.S. Supreme Court litigation.

Early life and education[link]

Cruz was born to a Cuban-American father and an American mother in Calgary, Alberta, Canada, where his parents were working in the petroleum business.^[1] His father was imprisoned and tortured in Cuba until he escaped to freedom in Texas in 1957.^[5]

Cruz attended high school at Faith West Academy in Katy, Texas,^[6] and then graduated from Second Baptist High School in Houston.

Cruz earned his Bachelor of Arts from Princeton University and his J.D., magna cum laude, from Harvard Law School in Cambridge, Massachusetts. While at Princeton, he competed for the American Whig-Cliosophic Society's Debate Panel as one of North America's top-ranked parliamentary debaters, winning the top speaker award at both the 1992 U.S. National Debating Championship and the 1992 North American Debating Championship.^[7] In 1992, he was named Speaker of the Year and Team of the Year (with his debate partner, David Panton) by the American Parliamentary Debate Association.^[7] Cruz was also a semi-finalist at the 1995 World Universities Debating Championship.^[8]

Cruz graduated magna cum laude from Harvard Law School. He was a primary editor of the Harvard Law Review, an executive editor of the Harvard Journal of Law & Public Policy, and a founding editor of the Harvard Latino Law Review.^[9]

Legal career[link]

Cruz also served as a law clerk to William Rehnquist, then-Chief Justice of the United States Supreme Court, and J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.^[10] Cruz was the first Hispanic ever to clerk for a Chief Justice of the United States.^[11]

Cruz has authored more than eighty briefs before the United States Supreme Court and presented forty-three oral arguments, including nine before the United States Supreme Court.

In the landmark case of District of Columbia v. Heller, Cruz assembled a coalition of thirty-one states in defense of the principle that the Second Amendment to the United States Constitution guarantees an individual right to keep and bear arms.^[12] Cruz also presented oral argument for the amici states in the companion case to Heller before the United States Court of Appeals for the District of Columbia Circuit.

In addition to his victory in Heller, Cruz has successfully defended the Ten Commandments monument on the Texas State Capitol grounds, the recitation of the Pledge of Allegiance in public schools and the 2003 Texas redistricting plan.^[13]

Cruz also successfully defended, in Medellin v. Texas, the State of Texas against an attempt by the International Court of Justice to re-open the criminal convictions of 51 murderers on death row throughout the United States.^[14]

2012 U.S. Senate election[link]

Cruz speaking to values voters in October 2011.

On January 19, 2011, following an announcement that U.S. Senator Hutchison would not seek reelection, Cruz announced via blogger conference call his candidacy for the position.^[4]

Cruz has been endorsed by David Barton, founder and president of WallBuilders,^[15] the Club for Growth, a conservative political action committee,^[16] Erick Erickson, editor of prominent conservative blog RedState,^[17] the FreedomWorks for America super PAC,^[18] Princeton University professor Robert P. George,^[19] nationally syndicated radio host Mark Levin,^[20] Former Attorney General Edwin Meese,^[21] Tea Party Express,^[22] Young Conservatives of Texas,^[23] U.S. Senators Jim DeMint,^[24] Mike Lee,^[25] Rand Paul,^[26] and Pat Toomey.^[27] He has also been endorsed by former Alaska Governor Sarah Palin, Texas Congressman Ron Paul,^[28] as well as former United States Senator from Pennsylvania Rick Santorum.^[29] Cruz faces opposition from sitting Lieutenant Governor David Dewhurst in the Republican senatorial primary.

Personal life[link]

Cruz was born and spent the first four years of his life in Calgary before his parents returned to Houston. His father was jailed and tortured by the Batista regime and fought for Fidel Castro in the Cuban Revolution ^[30] but "didn't know Castro was a Communist" and later became a staunch critic of Castro when "the rebel leader took control and began seizing private property and suppressing dissent".^[31] He moved to Austin, Texas, in 1957 to study at the University of Texas. He spoke no English and had $100 sewn into his underwear.^[32] The elder Cruz worked his way through school as a dishwasher making 50 cents an hour. Cruz’s mother, who was from Houston, was the first person in her family ever to go to college. She earned a math degree at Rice University in the 1950s, working summers at Foley’s and Shell. "I'm Cuban, Irish, and Italian, and yet somehow I ended up Southern Baptist."^[2]

Cruz and his wife, Heidi Suzanne Cruz, have two daughters, Caroline Camille and Catherine Christiane.

Honors and awards[link]

• "America's Leading Lawyers for Business," Chambers USA (2009 & 2010)
• "50 Most Influential Minority Lawyers in America," National Law Journal (2008)
• "25 Greatest Texas Lawyers of the Past Quarter Century," Texas Lawyer (2010)
• "20 Young Hispanic Americans on the Rise," Newsweek Magazine (1999)
• Traphagen Distinguished Alumnus, Harvard Law School
• Primary Editor, Harvard Law Review
• Executive Editor, Harvard Journal of Law and Public Policy
• Founding Editor, Harvard Latino Law Review
• John M. Olin Fellow in Law and Economics, Harvard Law School

See also[link]

	Law portal
	Texas portal

• List of law clerks of the Supreme Court of the United States

References[link]

External links[link]

Wikimedia Commons has media related to: Ted Cruz

• Ted Cruz for U.S. Senate campaign website
• "Cruz Control: A Republican star rises in Texas," National Review, Mark Hemingway, May 4, 2009
• Ted Cruz’s Morgan Lewis law firm bio
• "Ted Cruz, hatching a site, expects Abbott to run for a different office," Austin American-Statesman, W. Gardner Selby, March 4, 2009
• "Justices listen to a key voice," The National Law Journal (cover story), Marcia Coyle, April 7, 2008
• Announcement of Ted Cruz's departure as Solicitor General
• "In state politics, his star is rising," Austin American-Statesman (front page story), Mark Lisheron, January 15, 2006
• Debating the Supreme Court's Heller decision with the DC Attorney General on News Hour with Jim Lehrer (video)
• "A Day in the life of... Ted Cruz," Texas Bar Journal, Kim Davey, Vol. 69, No. 7

Dave Kopel is an American author, attorney, political science researcher and contributing editor to several publications.

He is currently Research Director of the Independence Institute in Golden, Colorado, Associate Policy Analyst at the Cato Institute, contributor to the National Review magazine and Volokh Conspiracy legal blog. Previously he was Adjunct Professor of Law, New York University, on the Board of Directors of the Colorado Union of Taxpayers, and Former Assistant Attorney General for Colorado.

Kopel earned a B.A. in history with highest honors from Brown University and won the National Geographic Society Prize for best History thesis with a biography of Arthur M. Schlesinger, Jr.^[1] He graduated magna cum laude from the University of Michigan Law School. He was also a contributing editor of the Michigan Law Review.

Politically he is a lifelong registered Democrat but a confessed small government libertarian at heart who voted for Ralph Nader.^[2]

In 1996 he and former Illinois senator Paul Simon wrote an article published in the National Law Journal criticizing the practice of mandatory minimum sentence.^[3]

Kopel opposes gun control and is a benefactor member of the National Rifle Association. His articles on gun control and gun violence have been cited in the Opposing Viewpoints Series.^[4] In 2003, Kopel wrote in National Review "Simply put, if not for gun control, Hitler would not have been able to murder 21 million people.^[5]" He recently contributed an article to the 59th Volume of the Syracuse Law Review entitled "The Natural Right of Self-Defense: Heller's Lesson for the World."^[6] He is a critic of Michael Moore and provided a list of what he characterized as Moore's "deceits".^[7][8] He appeared in FahrenHYPE 9/11, a film that disputes the allegations in Fahrenheit 9/11.

Kopel is also a member of many other organizations including Academy of Criminal Justice Sciences (life member), American Civil Liberties Union, American Society of Criminology, National Council of Editorial Writers, National Society of Newspaper Columnists, and Society of Christian Philosophers.

References[link]

External links[link]

Wikimedia Commons has media related to: David Kopel

• Dave Kopel's homepage
• The Volokh Conspiracy

Eric Holder
82nd United States Attorney General
Incumbent
Assumed office February 3, 2009
President	Barack Obama
Deputy	David Ogden James Cole
Preceded by	Michael Mukasey
Deputy Attorney General of the United States
In office June 13, 1997 – January 20, 2001
President	Bill Clinton
Preceded by	Jamie Gorelick
Succeeded by	Larry Thompson
United States Attorney for the District of Columbia
In office October 1993 – June 13, 1997
Nominated by	Bill Clinton
Preceded by	J. Ramsey Johnson[1]
Associate Judge on Superior Court of the District of Columbia
In office October 1988 – October 1993
Nominated by	Ronald Reagan
Personal details
Born	Eric Himpton Holder, Jr. (1951-01-21) January 21, 1951 (age 61) Bronx, New York, U.S.
Political party	Democratic Party
Spouse(s)	Sharon Malone
Children	Maya Brooke Eric
Alma mater	Columbia University (A.B.) Columbia Law School (J.D.)
Profession	Attorney at Law
Religion	Episcopal

Eric Himpton Holder, Jr. (born January 21, 1951) is the 82nd and current Attorney General of the United States and the first black American to hold the position,^[2] serving under President Barack Obama.

Holder previously served as a judge of the Superior Court of the District of Columbia and a United States Attorney. In that office he prosecuted Congressman Dan Rostenkowski (Democrat, Illinois) for corruption charges related to his role in the Congressional Post Office scandal. Later, he was Deputy Attorney General of the United States and worked at the law firm of Covington & Burling in Washington, D.C. He was senior legal advisor to then-Senator Barack Obama during Obama's presidential campaign and one of three members of Obama's vice-presidential selection committee.

Early life[link]

Eric Himpton Holder, Jr. was born in the Bronx, New York, to parents with roots in Barbados.^{[3][4][dead link][5]} Holder's father, Eric Himpton Holder, Sr. (1905–1970) was born in Saint Joseph, Barbados and arrived in the United States at the age of 11.^[6][7] He later became a real estate broker. His mother, Miriam, was born in New Jersey, while his maternal grandparents were immigrants from Saint Philip, Barbados.^[7] Holder grew up in East Elmhurst, Queens, and attended public school until the age of 10. When entering the 4th grade he was selected to participate in a program for intellectually gifted students.^[8] In 1969, he graduated from Stuyvesant High School in Manhattan and attended Columbia University, where he played freshman basketball and was co-captain of his team. He earned a A.B. degree in American history in 1973.^[9] Holder received his Juris Doctor from Columbia Law School, graduating in 1976. He worked for the NAACP Legal Defense and Educational Fund during his first summer and the United States Attorney during his second summer.^[8]

Career[link]

After graduating from law school, Holder joined the U.S. Justice Department's new Public Integrity Section during an interval lasting from 1976 to 1988. During his time there, he assisted in the prosecution of Democratic Congressman John Jenrette for bribery discovered in the Abscam sting operation.^[10] In 1988, President Ronald Reagan appointed Holder to serve as a judge of the Superior Court of the District of Columbia.^[11]

Holder stepped down from the bench in 1993 to accept an appointment as United States Attorney for the District of Columbia from President Bill Clinton. He was the first black American U.S. Attorney in that office.^[8] At the beginning of his tenure, he oversaw the conclusion of the corruption case against Dan Rostenkowski, part of the Congressional Post Office scandal.^[10] He was a U.S. Attorney until his elevation to Deputy Attorney General in 1997. Holder also served on The George Washington University's Board of Trustees in 1996 and 1997.

Deputy Attorney General[link]

In 1997, after the retirement of Jamie Gorelick, Clinton nominated Holder to be the Deputy Attorney General under Janet Reno. Holder was confirmed several months later in the Senate by a unanimous vote.^[12] During his confirmation hearing, Holder's opposition to the death penalty was questioned, but he pledged his intention to cooperate with the current laws and Reno, saying, "I am not a proponent of the death penalty, but I will enforce the law as this Congress gives it to us."^[13] Holder was the first black American to serve in that position.^[8] Holder briefly served as Acting Attorney General under President George W. Bush until the Senate confirmed Bush's nominee John Ashcroft.^[14]

As Deputy Attorney General, Holder advised Reno about how far to go in the Justice Department's use of the Independent Counsel statute. Reno made the decision to permit Kenneth Starr to expand his investigation into the Lewinsky affair, leading to Clinton's impeachment.^[8]

In his final days with the Clinton administration, Holder was involved with Clinton's last-minute pardon of fugitive and Democratic contributor Marc Rich. Between November 2000 and January 2001, Jack Quinn, Rich's lawyer and former White House Counsel from 1995 to 1996, had been contacting Holder, testing the waters for the political viability of a presidential pardon. Quinn asked Holder for advice as to how he should proceed. According to Rich's attorney, Holder advised Quinn to circumvent standard procedures by submitting the pardon petition directly to the White House.^[15]

After presenting his case to Holder in a November phone call and a last minute January 17 letter, Quinn arranged a phone call between the White House and Holder, asking the Deputy Attorney General to share his opinion on the Rich pardon. Holder gave Clinton a "neutral, leaning towards favorable" opinion of the pardon.^[8]

Deputy Attorney General Eric Holder opened an Interagency Working Group meeting of the White House Initiative on Asian Americans and Pacific Islanders hosted by the Department of Justice on October 18, 2000.

During his February testimonies before the House Government Reform Committee and Senate Judiciary Committee, Holder argued his phone call was not intended as a formal Justice Department blessing of the pardon, saying, "my interaction with the White House, I did not view as a recommendation. because I didn't have the ability to look at all the materials that had been vetted through the way we normally vet materials."^[16] He also did not believe his opinion would be interpreted as a go-ahead for the pardon. "What I said to the White House counsel ultimately was that I was neutral on this because I didn't have a factual basis to make a determination as to whether or not Mr. Quinn's contentions were in fact accurate, whether or not there had been a change in the law, a change in the applicable Justice Department regulations, and whether or not that was something that would justify the extraordinary grant of a pardon."^[17] An investigation led by House Government Reform Committee chairman Dan Burton concluded in a 2003 report covering 177 Clinton pardons that Holder had played a significant role in facilitating the Rich pardon, first by recommending the well-connected Jack Quinn to Rich's legal representatives, by failing to fully inform prosecutors of the pending pardon, and by eventually delivering a "neutral leaning favorable" opinion to Clinton from a position of authority.^[18] Holder has expressed some regret over his handling of the Rich pardon, stating "I wish I had done some things differently with regard to the Marc Rich matter. Specifically, I wish that I had ensured that the Department of Justice was more fully informed and involved in this pardon process", and called his own actions a "mistake".^[19]

Official photo as Deputy Attorney General, ca. 2000

Holder was also involved in Clinton's decision to reduce the criminal sentences of 16 members of the Boricua Popular Army, an organization that has been categorized by the FBI as a terrorist organization. The clemency request was initially opposed in 1996 by U.S. Pardons Attorney Margaret Love. When Holder was elevated to Deputy Attorney General in 1997, he was asked to reexamine the issue by three members of Congress. In July 1999, Holder recommended clemency to Clinton with a report from then U.S. Pardons Attorney Roger Adams that neither supported nor opposed clemency. A month later, Clinton granted clemency. According to The Hartford Courant, the grant of clemency was unusual because it was opposed by the FBI, the federal prosecutor and the victims. According to the newspaper, it was also unusual because before the commutations, the Boricua Popular Army members were not required to repudiate their actions and were not asked to provide any information concerning the whereabouts of Victor Manuel Gerena, a co-conspirator and one of the FBI Ten Most Wanted Fugitives, or the millions of dollars stolen by the group in a 1983 robbery of Wells Fargo in West Hartford, Connecticut.^[20]

Private practice[link]

From 2001 until he became Attorney General, Holder worked as an attorney at Covington & Burling in Washington, D.C., representing clients such as Merck and the National Football League.^[3][8] He represented the NFL during its dog fighting investigation against Michael Vick.^[21]

In 2004, Holder helped negotiate an agreement with the Justice Department for Chiquita Brands International in a case that involved Chiquita's payment of "protection money" to the United Self-Defense Forces of Colombia, a group on the U.S. government's list of terrorist organizations.^[22][23] In the agreement, Chiquita's officials pleaded guilty and paid a fine of $25 million. Holder represented Chiquita in the civil action that grew out of this criminal case.^[23]

In March 2004, Holder and Covington & Burling were hired by Illinois Governor Rod Blagojevich to act as a special investigator to the Illinois Gaming Board. The Gaming Board had voted 4-1 earlier that month to allow a casino to be built in Rosemont, Illinois. That vote defied the recommendation of the board's staff, which had raised concerns about alleged organized-crime links to the Rosemont casino's developer. The move had also raised concerns that the governor had named his close friend and fund-raiser, Christopher Kelly, as a "special government agent" to be involved in official state negotiations about the casino. Holder's legal work for the State of Illinois never materialized when the board reversed its decision and refused to hire Kelly. The investigation was subsequently canceled on May 18, 2004.^[24]

The firm represented Guantanamo inmates but Holder "never participated directly in the firm's Guantanamo work", and is not expected to recuse himself from matters pertaining to it.^[25]

While D.C. v. Heller was being heard by the Supreme Court in 2008, Holder joined the Reno-led amicus brief, which urged the Supreme Court to uphold Washington, D.C.'s handgun ban and said the position of the Department of Justice, from Franklin Roosevelt through Clinton, was that the Second Amendment does not protect an individual right to keep and bear arms for purposes unrelated to a State’s operation of a well-regulated militia.^[26] Holder said that overturning the 1976 law "opens the door to more people having more access to guns and putting guns on the streets."^[27]

In 2008, Holder represented the wife of Robert Wone, victim of a controversial and unsolved 2006 murder.^[28]

Holder speaking at a press conference on Guantanamo Bay detainees

In late 2007, Holder joined then-United States Senator Barack Obama's presidential campaign as a senior legal advisor. He served on Obama's vice presidential selection committee.^[11]

Holder favors closing the Guantanamo Bay detention camp, although he said in 2002 that the detainees are not technically entitled to Geneva Convention protections.^[29][30] He is opposed to the Bush administration's implementation of the Patriot Act, saying it is "bad ultimately for law enforcement and will cost us the support of the American people."^[31][32] He has been critical of Enhanced interrogation techniques and the NSA warrantless surveillance program, accusing the Bush administration of a "disrespect for the rule of law... [that is] not only wrong, it is destructive in our struggle against terrorism."^[33]

Attorney General of the United States[link]

On December 1, 2008, Obama announced that Holder would be his nominee for Attorney General.^[34][35] He was formally nominated on January 20, 2009 and approved by the Senate Judiciary Committee on January 28.^[36][37] Following his confirmation by the full Senate on February 2, 2009, he became the first African-American Attorney General of the United States. His installation took place on March 27, 2009 at the Lisner Auditorium of the George Washington University.

During his confirmation hearings in the Senate, Holder agreed with Senator Patrick Leahy, Democrat of Vermont, that a technique used by U.S. interrogators under the Bush administration known as waterboarding is torture.^[38] Holder was confirmed by a 75-21 vote on February 2, 2009.^[39]

Holder gave a speech on race relations on February 18, 2009, in the midst of Black History Month. "Though race-related issues continue to occupy a significant portion of our political discussion and though there remain many unresolved racial issues in this nation, we average Americans simply do not talk enough with each other about race," he said.^[40] The speech stirred mild controversy, with some reacting favorably to Holder's comments and others sharply criticizing them.^[41][42] Obama rebuked Holder's comments, saying that “I think it’s fair to say that if I had been advising my attorney general, we would have used different language”.^[43]

When questioned about weapons regulations during a news conference to announce the arrest of Mexican drug cartel members, Holder stated that the Obama administration would seek to re-institute the expired Assault Weapons Ban, which he strongly supports.^[44][45]

After the U.S. government filed suit against the Swiss bank UBS AG, whom Holder had represented during his time in private practice, the attorney general recused himself from all legal matters concerning the bank, which stands accused of conspiracy in U.S. tax fraud.^[46][47]

On April 1, 2009, Holder announced that he had ordered the dismissal of the indictment against former Senator Ted Stevens on corruption charges. Stevens had been found guilty, but hadn't been sentenced; Holder's action effectively vacated Stevens' conviction. Holder was reportedly very angry that the prosecutors had withheld potentially exculpatory evidence from Stevens' attorneys. After the prosecutors had been held in contempt of court for failing to turn over required documents, Holder replaced the entire trial team. Soon afterward, the Justice Department discovered a previously undocumented interview with Bill Allen, the prosecution's star witness. In this interview, Allen gave statements that directly contradicted his testimony at trial, including a claim that he'd been asked to get a note for a repair bill on his house. By nearly all accounts, Holder wanted to send a message that he would not tolerate any behavior he deemed to be prosecutorial misconduct.^[48]

Holder presented friend and predecessor Janet Reno, Attorney General under the Clinton Administration, the American Judicature Society's (AJS) Justice Award on April 17, 2009. The award is the highest given by the AJS, and recognizes significant contributions toward improvements in the administration of justice within the United States.^[49]

On November 13, 2009, Holder announced that accused September 11 attack conspirators Khalid Sheikh Mohammed, Ramzi Bin al-Shibh, Walid bin Attash, Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi would be transferred from the military commissions system to the U.S. District Court for the Southern District of New York for trial. He also expressed confidence that an impartial jury would be found "to ensure a fair trial in New York".^[50]

Holder told the Senate Judiciary Committee on April 14, 2010, "No final decision has been made about the forum which Khalid Sheikh Mohammed and his co-defendants will be tried. As I said at the outset, this is a very close call."^[51]

However, in early April 2011 Holder announced that the 9/11 co-conspirators will be tried by a military tribunal. "Holder said that he believes the trials could have been held in New York or Virginia, but that Congress imposed restrictions on where the trial could be held, taking the decision from his hands." ^[52]

In May 2010 Holder expressed "concerns" about "Arizona’s tough new immigration law", saying that it might "lead to racial profiling". Holder was criticized for his testimony during a House Judiciary Committee hearing, when he said that he had "not read" the Arizona law and that he had formed his opinions on the basis of news reports.^[53][54][55] In July 2010, Holder stated that the Justice Department filed suit against the Arizona law because it is preempted by federal law. Holder was quoted as saying, "I understand, first off, the frustration of the people of Arizona and the concerns that they have with regard to the amount of illegal immigration that occurs, but the solution that the Arizona legislature came up with is inconsistent with our federal Constitution."^[56]

In July 2010, Holder flew to Kampala, Uganda, to address the Heads of State Summit of the African Union, where he discussed the Obama Administration's priorities with regards to Africa and the terrorist bombings in Kampala during the World Cup.^[57][58]

Before the November 2010 elections, Holder stated that he planned to prosecute people in California if they possess marijuana even if Californian voters passed a proposition legalizing marijuana (Proposition 19).^[59] Proposition 19 was ultimately defeated.

After the United States diplomatic cables leak in December 2010, Holder said that "We have an active, ongoing, criminal investigation with regard to this matter," Holder said. "We are not in a position as yet to announce the result of that investigation, but the investigation is--is ongoing. To the extent that we can find anybody who was involved in the breaking of American law and who has put at risk the assets and the people that I have described, they will be held responsible," Holder said. "They will be held accountable." Holder's comments leave open a crucial question, which is whether the investigators are looking at how WikiLeaks obtained the documents (not unlike probing a news organization's source), or if they're looking at whether WikiLeaks staffers violated criminal law and should be the ones indicted.^[60]

In March 2011 Holder left open the possibility that the Guantánamo Bay terrorist prison camp might live on beyond President Obama’s first term. Asked in a congressional hearing whether the prison would be closed by November 2012, Holder said: "I don’t know". He said the Justice Department has established a task force to look at each of the 172 detainees being held at the Guantánamo prison to address how they should be dealt with. Holder’s comments come just weeks after CIA Director Leon Panetta told a Senate panel that Osama bin Laden would probably be shipped to and held at the Guantánamo Bay facility if he were captured.^[61]

Controversies[link]

In May 2009, Holder's Department of Justice ended a civil suit originally brought by the Bush administration against the New Black Panther Party, its chairman, and two of its members for voter intimidation due to their conduct during the 2008 election. Two members of the party had stood outside a polling station during the election in paramilitary uniforms, one of them carrying a billy club. Although none of the defendants appeared in court to contest the charges, the department of justice voluntarily dropped the charges against the party, its chairman, and one of the two members who had stood outside the polling station, and obtained a narrow injunction against the other. While the Department of Justice has contended that the charges were dropped due to lack of evidence, several of its current and former members have stated that Holder's Department of Justice is unwilling to prosecute minorities for civil rights violations.^[62] This accusation has been made most notably by J. Christian Adams, who in May 2010 resigned his post at the Department of Justice out of protest,^[63] and by his former supervisor Christopher Coates.^[64]

J. Christian Adams and former Bush appointee Hans A. von Spakovsky have also accused the civil rights division in Holder's Department of Justice of inactivity and wastefulness. According to Adams and von Spakovsky, although the voting section has hired dozens of new attorneys, the number of actual cases filed has declined sharply since Holder took office, and many of its employees spend their time "playing computer Solitaire, watching videos, and venting at the lack of activity."^[65][66]

During a meeting with a House subcommittee discussing this and other issues, Holder has argued that the behavior from the New Black Panther Party was not comparable to historical voter intimidation against minorities, stating "When you compare what people endured in the South in the ’60s to try to get the right to vote for African Americans, to compare what people subjected to that with what happened in Philadelphia… I think does a great disservice to people who put their lives on the line for my people."^[67] Critics have interpreted this comment as evidence of racial bias on Holder's part, with James Taranto of the Wall Street Journal arguing "If he approaches the job with the attitude that any group smaller than all Americans is 'my people,' he is the wrong man for the position."^[68]

Holder has faced additional controversy for the Obama Administration's decision that his Department of Justice would no longer enforce certain provisions of the Defense of Marriage Act, which Representative Frank Wolf has described as a "decision to abandon your duty to defend this law."^[69]

House oversight committee Chairman Darrell Issa and Iowa Republican Sen. Chuck Grassley sent Holder a letter in May 2011 asking for details about Operation Fast and Furious, the ATF operation that sent thousands of guns to Mexican drug cartels. Tax money may have been used to purchase the guns ^[70][71] Grassley and Issa, "have urged Holder to cooperate and turn over subpoenaed records that would reveal the scope of the government coverup." ^[72] In October 2011, documents were released^[73] that indicated Holder was sent memos in regards to Operation Fast and Furious in 2010,^[74] contradicting Holder's sworn testimony before the House Judiciary Committee in which he said he was unaware of Operation Fast and Furious until April 2011.^[75][76] In April 2012, Issa announced that his committee was drafting a Contempt of Congress resolution against Holder in response to the committee being "stonewalled by the Justice Department."^[77]

In response, Lamar Smith, the chairman of the Judiciary Committee, sent a letter to President Obama, requesting the appointment of an independent special counsel to investigate whether Holder committed perjury by lying to the committee while under oath. ^[78][79][80]

Texas governor and Republican presidential candidate Rick Perry has written in the Washington Times that, "It is time for Mr. Holder to go." because of his role in Operation Fast and Furious. Perry stated that, "America simply cannot tolerate an attorney general who arms the very criminals he is supposed to protect us from".^[81]

Personal life[link]

Holder is married to Dr. Sharon Malone, an obstetrician; the couple have three children.^[82] Malone's sister was Vivian Malone Jones, famous for her part in the Stand in the Schoolhouse Door which led to integration at the University of Alabama.^[83] Holder has been involved with various mentoring programs for inner-city youths. He is also an avid basketball fan,^[84] and the uncle of former NBA All-Star Jeff Malone.^[21]

Awards[link]

In June 2009 the Government of Barbados announced that it would begin a project to determine the first 100 Great Barbadians which would be selected among the public of Barbados. At the announcement of the project it was announced that Eric Holder was the first candidate to be nominated toward the final list.^[85]

On May 16, 2010, Eric Holder presented the commencement address at Boston University, for both the All-University Ceremony and the School of Law. In addition, he was presented with an Honorary Doctor of Laws degree.^[86] On May 19, 2009, Holder was chosen by his alma mater, Columbia College, to be its Class Day Speaker.^[87]

References[link]