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.
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]
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.
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]
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]
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]
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]
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]
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]
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]
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]
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| Persondata |
| Name |
Holder, Eric |
| Alternative names |
|
| Short description |
Attorney General of the United States |
| Date of birth |
January 21, 1951 |
| Place of birth |
The Bronx, United States |
| Date of death |
|
| Place of death |
|
