Attorney General Eric Holder’s Conflict Of Interest
The decision by Attorney General Eric Holder to try Gitmo terrorists in U.S. civilian courts is bad enough. But now we are learning that the AG has a clear conflict of interest regarding this issue and clearly should have recused himself from any involvement in the decision.
What is the issue? Holder’s former law firm, Covington & Burling, represents sixteen Gitmo terrorists. From the firm’s web site:
Guantanamo Bay Detainees
- We represent sixteen men detained at the United States Naval Station at Guantánamo Bay, Cuba. Most of the men have been detained for approximately seven years. None have been charged with any crimes, and none have been accorded the protections of the Geneva Convention. In Boumediene v. Bush, 128 S. Ct. 2229 (2008), where we were co-counsel for eleven of the detainees, the Supreme Court held that the privilege of the writ of habeas corpus extends to detainees held at Guantánamo Bay. Following that decision, we have been preparing for habeas corpus hearings to be held in federal district court Washington, DC, for eleven of our clients.
- The firm has been involved in the Guantánamo related litigation for the last five years. In addition to the on-going habeas corpus proceedings, our efforts have included: bringing cases for review of enemy combatant classification decisions in the D.C. Circuit under the Detainee Treatment Act of 2005; challenging the destruction of CIA torture tapes in federal court; filing amicus briefs and coordinating the amicus effort in Hamdan v. Rumsfeld, 548 U.S. 557 (2006); filing amicus briefs in support of Supreme Court review in Moussaoui v. United States, 382 F.3d 483 (4th Cir.), cert denied, 544 U.S. 931 (2005); challenging the government’s practice of redacting information from documents given to security-cleared habeas counsel; and challenging the abusive medical and living conditions that the detainees experience at Guantánamo.
It should also be noted that Holder has a history of going to bat for terrorists. When he was Deputy AG in the Clinton Administration he was directly involved in the pardons of FALN terrorists which caused an uproar in the waning days of Clinton’s term in office.
And just to provide some further context, when the Enron scandal broke during the Bush years, for AG John Ashcroft recused himself because when he ran for senate he had received campaign contributions from Enron execs. Ashcroft also recused himself over the Valerie Plame matter because he had allegedly been briefed about the FBI’s questioning of Karl Rove about the incident.
Yet in this case Holder’s former law firm stands to directly gain from these proceedings and Holder neither discloses such facts nor recuses himself? Senate Republicans now need to step up, voice their objection and threaten to investigate this matter. Holder’s actions are completely unethical and he needs to be held accountable.
Cross-posted at CMNJ.

Senator Olympia Snowe has once again sold Republicans down the river. Snowe already betrayed us by going along with the Porkulous Bill, now 




