Revealed: Holder “forgot” to disclose seven Supreme Court briefs he joined, including two for Jose Padilla

posted at 7:40 pm on March 12, 2010 by Allahpundit

We’re just swimming in “what if a Republican did it?” material tonight, aren’t we?

I’m sure there’s a good explanation. Like, say, that he knew he’d be grilled about this stuff, especially his advocacy for Padilla, if Republicans had the briefs in hand, so he decided to “forget” to mention them. Am I warm?

“It has come to our attention that some but not all briefs submitted to the Supreme Court by or on behalf of Attorney General Holder as counselor amicus were supplied to the Committee in the course of his confirmation process last year. We regret the omission,” Assistant Attorney General Ronald Weich wrote to Senate Judiciary Committee Chairman Patrick Leahy…

The Padilla brief endorsed by Holder stated, among other things, that using the ordinary judicial system to deal with a citizen seized as an enemy combatant “might impede the investigation of a terrorist offense in some circumstances. It is conceivable that, in some hypothetical situation … the government might be unable to detain a dangerous terrorist or to interrogate him or her effectively. But this is an inherent consequence of the limitation of Executive power.”

[Bill] Burck, former deputy White House counsel, and [Dana] Perino, former Bush White House press secretary, said [in NRO] that acknowledgment in the brief contradicted Holder’s public statements justifying the FBI’s reading of Miranda rights to Umar Farouk Abdulmutallab, the alleged underwear bomber.

Jeff Sessions says it’s an “extremely serious” omission and Jon Kyl is all but calling him a flat-out liar:

Yesterday, a Justice Department spokesman said that the briefs were ‘unfortunately and inadvertently’ left out of his submission to the committee. Really? Are we expected to believe that then-nominee Holder, with only a handful of Supreme Court briefs to his name, forgot about his role in one of this country’s most publicized terrorism cases? Or that he was not reminded about it when he later received our letter about recusals? That strains credulity…

“Holder’s Padilla brief clearly shows an appreciation that charging a terrorist in civilian court carries risks, most notably the risk of ineffective interrogation. But he withheld those views from the committee prior to confirmation, then tried to convince us, as the Attorney General, that there really is no risk at all.

Kyl ends by saying he’s keen to learn in Holder’s next appearance before the committee why he supports civilian trials now but was wary then. Let me spare him the suspense: At the time, Holder didn’t have to answer to any nutroots constituency screeching at him about using “Bush tactics” or whatever. Which, very ironically, means that the flip-flop on KSM’s trial that’s so irritated the left may in fact mean that Holder’s true, privately held view of how best to handle him has now prevailed.

But I digress. I’m tempted to ask why we even bother having confirmation hearings if key material isn’t being disclosed (where were the Republican researchers at the time, incidentally?), but if there’s any lesson to take from the past week, it’s that Democrats don’t sweat the procedural small stuff when trying to push something or someone through Congress. So let me ask this instead: Is there any cabinet member who’s been a more total liability to Obama than Holder? Between this, the KSM debacle, and the Abdulmutallab headache, he’s batting close to 1.000. What’s it going to take for The One to shift gears?


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Obama is evil.

andy85719 on March 12, 2010 at 7:43 PM

Liar.

Either that or incompetent. Neither looks well on him.

LastRick on March 12, 2010 at 7:44 PM

how convenient.

bernzright777 on March 12, 2010 at 7:45 PM

Is there any cabinet member who’s been a more total liability to Obama than Holder?

Napolitano is really close: 1st the right-wing extremist memo, then “the system worked”. OTOH I can’t think of one in positive column for her.

LastRick on March 12, 2010 at 7:46 PM

What’s that smell? It smells familiar.

It’s the smell of cowardice.

SlaveDog on March 12, 2010 at 7:47 PM

We’re just swimming in “what if a Republican did it?” material tonight, aren’t we?

Pffft.

How about if another nation tried this bull**** on the United States (assuming a Republican were President) we would declare war upon them.

turfmann on March 12, 2010 at 7:48 PM

Geitner’s no angel either..

bernzright777 on March 12, 2010 at 7:48 PM

If a police officer applicant did not disclose that they had as a close friend a convicted drug dealer and used the excuse “We regret the omission”…

What do you think the background investigators would do to his application?

If the standards for our law enforcement officials are based on race and political party, then we have no laws at all, do we?

… It’s almost like passing legislation that will change the fabric of this country without holding a vote.

Oh, wait!

Seven Percent Solution on March 12, 2010 at 7:48 PM

Whoops!

Joe Caps on March 12, 2010 at 7:48 PM

So, they’re really going for the Steve Martin Defense?

“I Forgot”

Techie on March 12, 2010 at 7:49 PM

Come on… its only Documents….

And NO ONE in this administration feels they must produce DOCUMENTS to get a job…

Romeo13 on March 12, 2010 at 7:49 PM

Resignation time.

amerpundit on March 12, 2010 at 7:50 PM

I’m sure the right people will soon be saying this attack on Holder is due to racism.

aikidoka on March 12, 2010 at 7:50 PM

Between this, the KSM debacle, and the Abdulmutallab headache, he’s batting close to 1.000. What’s it going to take for The One to shift gears?

A stuck throttle on a Prius; but I digress!

Electrongod on March 12, 2010 at 7:50 PM

So Holder and his Posse used to spend their days fighting the United States in court and now we’re to believe they have changed side? Don’t pi$$ down my back and tell me it’s rainin’.

thomasaur on March 12, 2010 at 7:51 PM

What’s it going to take for The One to shift gears?

He doesn’t want to shift gears.
He likes Holder’s gear and agrees with it, which is pro-jihadist.

Also, let’s not forget that Holder was the lawyer for not only Mark Rich, who dealt arms to Iran, but the FALn terrorists, too.

Jenfidel on March 12, 2010 at 7:51 PM

We knew the closet Muslim is a liar; now we have proof his AG is a liar too…

IntheNet on March 12, 2010 at 7:51 PM

Come on… its only Documents….

And NO ONE in this administration feels they must produce DOCUMENTS to get a job…

Romeo13 on March 12, 2010 at 7:49 PM

Hee hee…

TXMomof3 on March 12, 2010 at 7:51 PM

So, they’re really going for the Steve Martin Defense?

“I Forgot”

Techie on March 12, 2010 at 7:49 PM

It’s workin’ so far.

thomasaur on March 12, 2010 at 7:52 PM

Liar.

What else needs to be said? I suppose “treasonous liar” is a more accurate term but the bottom line is that Holder needs to go. If not by being thrown under the bus then by the newly installed GOP majority Congress once the adults are back in charge.

highhopes on March 12, 2010 at 7:52 PM

Is there any cabinet member who’s been a more total liability to Obama than Holder?

You are assuming Holder has different views than Obama. Pretty sure Obama agrees with Holder’s views, so how could Obama consider his own opinion to be a liability?

txmomof6 on March 12, 2010 at 7:53 PM

Obama is evil.

andy85719 on March 12, 2010 at 7:43 PM

“There is no safety for honest men except by believing all possible evil of evil men.”
- Edmund Burke
Reflections on the Revolution in France

JellyToast on March 12, 2010 at 7:53 PM

Most qualified team evah!

Can someone please tag the constitution with a lojack, these clowns will lose it.

barnone on March 12, 2010 at 7:53 PM

Great post, AP.

I’m tempted to ask why we even bother having confirmation hearings if key material isn’t being disclosed (where were the Republican researchers at the time, incidentally?

What is going on now isn’t politics as usual, it’s ‘game the system’. Was it Graham that green-lighted Holder?

Spirit of 1776 on March 12, 2010 at 7:54 PM

So, they’re really going for the Steve Martin Defense?

“I Forgot”

Techie on March 12, 2010 at 7:49 PM

This is DC. They say “I don’t recall.”

highhopes on March 12, 2010 at 7:54 PM

Obama administration just like an abscess, ROTTEN to the core!

Sandybourne on March 12, 2010 at 7:54 PM

So while he was calling us a nation of cowards he wasn’t brave enough to disclose which scumbags he supported in court against the US?

thomasaur on March 12, 2010 at 7:54 PM

AP:

At the time, Holder didn’t have to answer to any nutroots constituency screeching at him about using “Bush tactics” or whatever.

No. At the time, Holder did not work for Obama. Have you not figured out that Obama is the nutroots personified?

pearson on March 12, 2010 at 7:55 PM

What’s it going to take for The One to shift gears?

Leave office to retire in comfort on his own private island.

tru2tx on March 12, 2010 at 7:55 PM

The freak show continues. 3 more years.

Mojave Mark on March 12, 2010 at 7:55 PM

where were the Republican researchers at the time, incidentally?

Finding dirt on Palin

thomasaur on March 12, 2010 at 7:55 PM

Allah, I don`t think it is accurate to try to narrow it down to one person who holds the most liability….they ALL stink and are all equally heinous.

NY Conservative on March 12, 2010 at 7:56 PM

At least he didn’t call us a nation of cowards….
oh wait.

tommylotto on March 12, 2010 at 7:57 PM

Which, very ironically, means that the flip-flop on KSM’s trial that’s so irritated the left may in fact mean that Holder’s true, privately held view of how best to handle him has now prevailed.

This is gonna sound crazy, but it’s almost as if Democrats play partisan politics with matters of national security.

sandberg on March 12, 2010 at 7:58 PM

Resignation time.

amerpundit on March 12, 2010 at 7:50 PM

Ain’t gonna happen anytime soon. Some were convinced Barry would toss him under the bus weeks ago…………….

……he’s still here.

Knucklehead on March 12, 2010 at 7:58 PM

I saw Dana P on Fox and Friends this morning talking about his. Lanny Davis came on and was a totally condescending, sexist little prick.

Terrye on March 12, 2010 at 7:59 PM

I forgot armed robbery was illegal.

Tuning Spork on March 12, 2010 at 7:59 PM

What’s it going to take for The One to shift gears?

He is an Obama lackey, his views are Obama’s views.

Rode Werk on March 12, 2010 at 8:00 PM

Techie on March 12, 2010 at 7:49 PM

“I’m sorry, Your Honor. I forgot armed robbery was illegal.”

Christien on March 12, 2010 at 8:00 PM

Ain’t gonna happen anytime soon. Some were convinced Barry would toss him under the bus weeks ago…………….

……he’s still here.

Knucklehead on March 12, 2010 at 7:58 PM

There are only so many fellow travelers that this administrations has confidence in their loyality and they will not abandon them readily.

thomasaur on March 12, 2010 at 8:01 PM

Republicans obviously knew of these briefs and that they would damage Holder and the Obama administration.

Maxpower on March 12, 2010 at 8:03 PM

Isn’t it odd that these are showing up now? Makes you wonder who suddenly found them.

Sue on March 12, 2010 at 8:04 PM

Hadn’t we heard Holder was shaky in the Administration for a while? Then this data dump. How…convenient.

(where were the Republican researchers at the time, incidentally?),

probably working on the stuff he DID provide. Say he gave them 40 briefs with 30 cites each. That’s 1200 cases to read, evaluate, and review for accuracy, competence and cogency of argument. Also the opinions for each case.

Chris_Balsz on March 12, 2010 at 8:06 PM

I have never lived in Chicago, but for some reason, I feel like I have.

Electrongod on March 12, 2010 at 8:06 PM

I have never lived in Chicago, but for some reason, I feel like I have.

Electrongod on March 12, 2010 at 8:06 PM

I’ve never been raped but, for some reason, I feel like I have.

highhopes on March 12, 2010 at 8:10 PM

By the way…

… nice picture up on Drudge.

Seven Percent Solution on March 12, 2010 at 8:12 PM

Of course he’ll stay.

He’s the perfect distraction.

After all, when was the last time you heard anything said about, or written about Obozo’s [40+] Kommissar’s?

He’s just a shiny to chase after.

While the shadows remain unexamined, and uncommented upon.

CPT. Charles on March 12, 2010 at 8:12 PM

What’s it going to take for The One to shift gears?

One might as well expect rivers to run backwards.

Hinmahtooyahlatkek on March 12, 2010 at 8:12 PM

Resignation time.

amerpundit on March 12, 2010 at 7:50 PM

Never happen.

After all, he’s a Democrat AG, and also a Clinton crony. Which means he knows what’s in those 900 FBI Files.

Del Dolemonte on March 12, 2010 at 8:13 PM

Let me spare him the suspense: At the time, Holder didn’t have to answer to any nutroots constituency screeching at him about using “Bush tactics” or whatever.

Or, maybe the radical Progressives are smart enough to know that when they’re not making policy, they need to appear center-left and not Kremlin-left in order to get elected. I don’t think for a minute that Obama, Holder, et. al. are capitulating to the far left at the expense of independents; rather they’re being true to their ideology. The health care debacle proves that.

What’s it going to take for The One to shift gears?

November 6, 2012.

BKeyser on March 12, 2010 at 8:14 PM

SORTA KINDA O/T – 14 months in – anyone know how many UN-FILLED admin positions there still are?

Ris4victory on March 12, 2010 at 8:15 PM

What’s it going to take for The One to shift gears?

January 2011, when House Speaker John Boehner and Senate Majority leader Mitch McConnell call for impeachment hearing on Holder to start with more to follow.

tjexcite on March 12, 2010 at 8:17 PM

Whats wrong with you people?
He forgot ..so what ?
Its not like he is blaming a twinkie
or his abusive childhood
He forgot ..
/

macncheez on March 12, 2010 at 8:18 PM

What’s it going to take for The One to shift gears?

AP, you still don’t get it. Obama is a radical activist first and foremost.

faraway on March 12, 2010 at 8:18 PM

Come on… its only Documents….

Romeo13 on March 12, 2010 at 7:49 PM

Oh, well in that case…did anyone ask Hillary if she’d checked her coffee table? Missing documents seem to show up there from time to time.

29Victor on March 12, 2010 at 8:19 PM

Your turn Ken Starr
What say you ?

macncheez on March 12, 2010 at 8:23 PM

A Holder briefs scandal and a briefs holder scandal both in the same week. Way to go Democrats!

29Victor on March 12, 2010 at 8:25 PM

Just like Nancy Pelosi forgot to get a vote for Obamacare?

margretto on March 12, 2010 at 8:27 PM

Holder is the only one I kind of like in this administration.

Spathi on March 12, 2010 at 8:28 PM

Is there anybody, anybody in this administration with even a hint of integrity?

n0doz on March 12, 2010 at 8:28 PM

I have never lived in Chicago, but for some reason, I feel like I have.

Electrongod on March 12, 2010 at 8:06 PM

Feeling the need for an hour shower?

Connie on March 12, 2010 at 8:31 PM

The Department Of Justice has become to be known as Holder’s corrupt Discretionaries Of Justice.

Now we know why the new panthers walked! Move on, nothing to see.

Americannodash on March 12, 2010 at 8:32 PM

What’s it going to take for The One to shift gears?

AP, you still don’t get it. Obama is a radical activist first and foremost.

faraway on March 12, 2010 at 8:18 PM

By the man’s George Soro’s finger-nails, by his Jeremy Wright coat-sleeve, by his Benito Mussolini boots, by his mom trouser-knees, by the dhimmi callosities of his forefinger and thumb, by his Joe Isuzu expression, by his Benedict Arnold shirt-cuff – By each of these things the man’s calling is plainly revealed. That all united should fail to enlighten the competent inquirer in any case is almost inconceivable.

semloh on March 12, 2010 at 8:36 PM

Liar.

Allah

Well. There it is.

Jaibones on March 12, 2010 at 8:38 PM

I have never lived in Chicago, but for some reason, I feel like I have.

Electrongod on March 12, 2010 at 8:06 PM

Ich bin ein Chicagoan.

Jaibones on March 12, 2010 at 8:39 PM

Ich bin ein Chicagoan Bears fans?

Jaibones on March 12, 2010 at 8:39 PM

Noooooo

thomasaur on March 12, 2010 at 8:47 PM

We regret the omission,” Assistant Attorney General Ronald Weich wrote to Senate Judiciary Committee Chairman Patrick Leahy.

Nice little CYA statement there by the AAG , as if Pat Leahy really gives a rat’s a$$.

celtnik on March 12, 2010 at 8:49 PM

And of course Patrick Leahy, as an honest even handed committee chairman said…/s

Can you imagine what Leahy would have done if this were Ken Starr or someone like that? You would trampled to death while he ran for the news mikes and cameras!

wepeople on March 12, 2010 at 8:50 PM

So let me ask this instead: Is there any cabinet member who’s been a more total liability to Obama than Holder?

You’re two cynical, AP. Holder has been very useful to Obama as someone to take responsibility for trying terrorists in civilian courts so Obama can pretend to critics he had no say in the decision.

And he will be even more useful as the fall guy when Obama needs to throw him under the bus.

But it’s not your fault you missed that. The rest of us are not as brilliant and foresighted as The One Who Must Be Praised.

tom on March 12, 2010 at 8:52 PM

Thanx Liz Cheney
And Patrick Leahy…to you I say
what Liz Cheney’s dad said to you

macncheez on March 12, 2010 at 8:57 PM

Of all the Leftist scum that Obama has appointed, Holder is the worst.

I honestly can’t believe this radical leftist hack is AG.

visions on March 12, 2010 at 9:00 PM

Criminal.

daesleeper on March 12, 2010 at 9:10 PM

Of course he’ll stay.

He’s the perfect distraction.

After all, when was the last time you heard anything said about, or written about Obozo’s [40+] Kommissar’s?

He’s just a shiny to chase after.

While the shadows remain unexamined, and uncommented upon.

CPT. Charles on March 12, 2010 at 8:12 PM

+1000

We all need to pray very hard NOW. Only the hand of God will stop obama from shattering the nation at it’s foundations.

tigerlily on March 12, 2010 at 9:13 PM

Another Friday night drop … Will they drop Obamacare’s passage next Friday at midnight?

bbh on March 12, 2010 at 9:16 PM

No one ‘stretches credulity’ like Eric.

GarandFan on March 12, 2010 at 9:16 PM

Eric Holder ought to go before the American Bar Association for failing to adhere to the ethical rules of conduct that attorneys are supposed to abide by.

His failure to disclose this is failure to disclose matters that he personally and substantially worked on prior to being Attorney General.

Conservative Samizdat on March 12, 2010 at 9:22 PM

Years ago I lived overseas, and many Germans I knew made sure to tell others that their families had nothing to do with the Nazis or the Holocaust.
Similarly, in a collective denial of racism, the citizens of the United States blindly elected Barack Obama. The irony is that a black man without a white parent would have not been considered seriously by the closet-racist liberals. Now that he is their leader, they still cannot disclose their true racist views, so they must remain uncurious about his socialist/anarchist buddies, who he continues to install in key positions.

maryo on March 12, 2010 at 9:23 PM

Someone should dig up those first briefs and count how many leftards joined in. I’m not kidding when I say 100s.

Blake on March 12, 2010 at 9:32 PM

We are supposed to just accept that Holder forgot? Yeah. Try that in a courtroom: “your Honor, I forgot to file the relevant paperwork on behalf of the USA v. (anyname).”

Heck of a job, Barack. Is there anyone in your administration who isn’t a joke or a liar? I feel so sorry for the next administration who will have to clean up the huge mess you’ve made.

TN Mom on March 12, 2010 at 9:39 PM

Does ANYone believe that Holder “forgot” these disclosures?

I mean, really, does anyone actually believe he’d “forget” to do so? Supreme Court briefs? Just “forgot” to disclose them?

IF that’s the case, Holder is mentally incompetent to be functioning as head of DoJ. Just incompetent.

But what I think he is is he’s ethically incompetent for the job.

Lourdes on March 12, 2010 at 9:41 PM

Heck of a job, Barack…

TN Mom on March 12, 2010 at 9:39 PM

Holder “forgot” to disclose these briefs like Barry “overlooked” that he isn’t a natural born citizen.

Lourdes on March 12, 2010 at 9:42 PM

Heck of a job, Barack…

TN Mom on March 12, 2010 at 9:39 PM

Holder “forgot” to disclose these briefs like Barry “overlooked” that he isn’t a natural born citizen.

Lourdes on March 12, 2010 at 9:42 PM

And like Nancy Pelosi goes “lalalalalalalalalala” in between her ears when she’s awake so as to drown out reason.

Lourdes on March 12, 2010 at 9:43 PM

What’s it going to take for The One to shift gears?

He won’t! He’s NEVER wrong. Remember? He is the messiah!

capejasmine on March 12, 2010 at 9:44 PM

What’s it going to take for The One to shift gears?

It’s discovered that Holder is really a white man.

patch on March 12, 2010 at 9:50 PM

I have never lived in Chicago, but for some reason, I feel like I have.

Electrongod on March 12, 2010 at 8:06 PM
I’ve never been raped but, for some reason, I feel like I have.

highhopes on March 12, 2010 at 8:10 PM

Yeah, but it wasn’t ‘rape rape’

TheVer on March 12, 2010 at 10:00 PM

Lourdes on March 12, 2010 at 9:42 PM

Team Obama: The Administration of No Nothing, Do Nothing, LIE ABOUT EVERYTHING…

TN Mom on March 12, 2010 at 10:04 PM

No= Know NOTHING!

TN Mom on March 12, 2010 at 10:05 PM

Holder “forgot” to disclose these briefs like Barry “overlooked” that he isn’t a natural born citizen.

Lourdes on March 12, 2010 at 9:42 PM

On today’s jeopardy
there was a clue under category ’1961′ :
He was born in 1961 in Honolulu and has papers to prove it

I luved it..they had to bring up the “papers to prove it part”, never ever happened about any other US prez

macncheez on March 12, 2010 at 10:16 PM

Somebody better drop a pair and bring these treasonous bastards up on charges or we’re completely doomed.

It’s one thing to joke about it, and act like we all know what’s going on…yet shrug our shoulders and just keep taking it up the a**. That’s all we’ve been doing these past 14 months.

These are serious, impeachable offenses. What’s it going to take before we’ve had enough???!!!

Flyboy on March 12, 2010 at 11:06 PM

Teh One does not know how to “shift gears.” It’s impossible, for one who has marinated in the disdain of our country, to see anything other than his hatred. Guess what Obama? We hate you too.

Flyboy – who has to bring up the charges?

Yellowdog12 on March 12, 2010 at 11:21 PM

At a minimum these people have a criminal mentality. Obama, Holder…the lot, should be objects of scorn and contempt. This stuff is getting dangerous for our country. These clowns seem to think that our citizenry has limitless patience.

Mason on March 12, 2010 at 11:35 PM

thomasaur on March 12, 2010 at 7:54 PM

That’s excellent.

notropis on March 12, 2010 at 11:45 PM

A Holder briefs scandal and a briefs holder scandal both in the same week. Way to go Democrats!

29Victor on March 12, 2010 at 8:25 PM

Heh.

notropis on March 12, 2010 at 11:48 PM

QUESTION:

Did he also forget to tell Obama?

Or, did Obama know and permit and/or encourage Holder to withhold the evidence?

reliapundit on March 13, 2010 at 12:41 AM

Kyl ends by saying he’s keen to learn in Holder’s next appearance before the committee why he supports civilian trials now but was wary then. Let me spare him the suspense: At the time, Holder didn’t have to answer to any nutroots constituency screeching at him about using “Bush tactics” or whatever.

*sigh*

Are you serious? This has nothing to do with the nutroots. This is all about The Precedent. He’s the one driving everything in Washington. How can you not see this?

And the GOP ought to be even more embarrassed about this, as they never should have let Holder slip by confirmation without the biggest, knock-down, drag-out fight around – as MANY of us were saying at the time. They just let the slug slide through without much opposition – no real opposition – at all. Next, the GOP will find a speech Sotomayor made about empathy and how the law comes second to feelings, and they’ll accuse her of not disclosing – as if it was something no one knew about her. At least with Sotomayor, most of the GOP was pretty good about stopping her, but Lady Lindsey was the one to grease the skids for the wise Latina.

neurosculptor on March 13, 2010 at 2:36 AM

Just like his boss, The Talking Chimp, this guy is no good.

mr1216 on March 13, 2010 at 3:39 AM

Almost as much of an unqualified, Anti-America, Marxist Usurper as the guy who hired him.

Pinnochio 1 and Pinnochio 2?

dhunter on March 13, 2010 at 6:42 AM

Allah,
Napolitano is a close second, oops, I forgot Geithner…then there’s Sebillius…..
A fish stinks at the head. Obama has exhibited incompetence and poor judgement from the start.
Let’s not overlook the bevy of Czars.

mountainmanbob on March 13, 2010 at 8:12 AM

Comment pages: 1 2