Re: Holder's 'Decision' [Andy McCarthy]
On Jonah's point, I would just add that Obama has been playing this game from the first, and he gave the game away by overruling Holder when the blowback got bad over DOJ's effort to disclose classified photos of prisoner abuse. (See here and here.)
On that, note that Holder plays the same game — he (and Obama) claimed that they were simply complying with court orders. As I've explained a few times, Obama and Holder have the power under the Freedom of Information Act to order disclosure, but (a) they want disclosure and (b) such an order would make their base go nuts. So, Obama passes the buck to Holder, and Holder passes the buck to the courts — but it shouldn't obscure that the decision is Obama's. He's now playing out the string on the photos: he reversed Holder and had DOJ appeal the disclosure order to the Supreme Court; he's figuring the Supremes will uphold the disclosure order and then he can have DOJ publicize the photos under the fig-leaf that the Court has spoken. But it's a game — the justices are in this position only because Obama is trying to be unaccountable.
Secondly, as I recount in Willful Blindness (about to be released in paperback), the decision to indict Omar Abdel Rahman (the Blind Sheikh) was a controversial one, involving not only DOJ but State, the National Security Council, the Intelligence Community, etc. Attorney General Reno was forcefully in favor of indictment, others were either neutral or opposed but not strongly so. (Not indicting the Sheikh would have created a separate set of serious issues.) But it was not the AG's decision alone. Whenever a decision like this implicates the interests of multiple executive branch agencies, they are all consulted. But if there is strong disagreement, the president resolves the disagreement; and if it's a national security matter, the AG does not pull the trigger and indict if the president does not want that to happen — AG Reno would never have given us the green-light to go ahead unless President Clinton was on board.
In my mind, it is really foolish cowardice on President Obama's part to pretend AG Holder made this call alone. Obama owns the decision whether he owns up to it or not, so he might as well get out there and own it.
The Corner on National Review Online (17 November 2009)
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