{"id":549,"date":"2013-06-04T22:42:43","date_gmt":"2013-06-05T02:42:43","guid":{"rendered":"http:\/\/www.dougsbriefcase.com\/blog\/?p=549"},"modified":"2013-06-13T09:03:06","modified_gmt":"2013-06-13T13:03:06","slug":"its-a-bad-time-to-hold-on-to-holder","status":"publish","type":"post","link":"https:\/\/www.dougsbriefcase.com\/blog\/its-a-bad-time-to-hold-on-to-holder\/","title":{"rendered":"Why It\u2019s a Bad Time to Hold on to Holder"},"content":{"rendered":"
\"AG<\/a>

AG<\/span> Eric Hold\u00ader may have to go to help POTUS<\/span> dig out from under mount\u00ading scan\u00addals.
Cred\u00adit: theatlantic.com<\/p><\/div>\n

May 10 was sup\u00adposed to be about health care and moms.  The White House mes\u00adsage of the day was that the health care law is pro-moth\u00ader\u00adhood. The law\u2019s detrac\u00adtors, with their \u201c<\/span>polit\u00adi\u00adcal bick\u00ader\u00ading,\u201d \u201ctall tales,\u201d and \u201cpolit\u00adi\u00adcal games,\u201d<\/a> are, by impli\u00adca\u00adtion, against motherhood.<\/p>\n

The Pres\u00adi\u00addent deliv\u00adered this mes\u00adsage two days before Moth\u00aders Day at a White House event. But his mes\u00adsage nev\u00ader did get out. Instead, it was buried beneath a pile of bad news that same day when an IRS<\/span> offi\u00adcial apol\u00ado\u00adgized  <\/a>for her agency\u2019s tar\u00adget\u00ading of con\u00adser\u00adv\u00ada\u00adtive groups, ABC<\/span> News<\/a> report\u00aded that the Admin\u00adis\u00adtra\u00adtion had scrubbed ref\u00ader\u00adences to al-Qai\u00adda from its offi\u00adcial talk\u00ading points on Beng\u00adhazi last Sep\u00adtem\u00adber, the Wash\u00ading\u00adton Post<\/a> revealed that the HHS<\/span> Sec\u00adre\u00adtary was hit\u00adting up com\u00adpa\u00adnies her depart\u00adment reg\u00adu\u00adlates for con\u00adtri\u00adbu\u00adtions to a group with close White House ties, and the Jus\u00adtice Depart\u00adment told the Asso\u00adci\u00adat\u00aded Press<\/a> that it had mon\u00adi\u00adtored the phone traf\u00adfic of some of its reporters and editors.<\/p>\n

The White House lost con\u00adtrol of the nar\u00adra\u00adtive on May 10. Near\u00adly four weeks lat\u00ader, it has not regained it. But there is a way, in my view, to take it back.<\/p>\n

It has bad\u00adly bun\u00adgled the IRS<\/span> sto\u00adry, with its shift\u00ading accounts of who knew what when, although more recent rev\u00ade\u00adla\u00adtions of agency employ\u00adees par\u00adty\u00ading at tax\u00adpay\u00ader expense <\/a>have also helped keep the sto\u00adry alive. At first, we were assured, the tar\u00adget\u00ading was the work of the gov\u00adern\u00adment behe\u00admoth\u00ad\u2019s rogue Cincin\u00adnati affil\u00adi\u00adate. The White House, it was declared, knew noth\u00ading. It didn\u2019t even know that the IRS<\/span> Inspec\u00adtor Gen\u00ader\u00adal was con\u00adduct\u00ading an \u201caudit\u201d (as opposed to an inves\u00adti\u00adga\u00adtion) of the mat\u00adter. Then it turned out that the Trea\u00adsury Sec\u00adre\u00adtary him\u00adself knew of the audit and that it con\u00adtained bad news for the agency well in advance of its release. Next it was admit\u00adted that the White House Coun\u00adsel became aware of the audit and of its like\u00adly find\u00adings on April 24. Then it emerged that the coun\u00adsel had told the President\u2019s Chief of Staff<\/a>. Only the Pres\u00adi\u00addent, we are told, remained in the dark. He learned of the whole affair when it was report\u00aded weeks lat\u00ader<\/a>.<\/p>\n

It is one thing for the Pres\u00adi\u00addent not to know what\u2019s going on in Cincin\u00adnati or even in the Trea\u00adsury Secretary\u2019s office, locat\u00aded imme\u00addi\u00adate\u00adly adja\u00adcent to the White House grounds. But when the Pres\u00adi\u00addent is said not to know what\u2019s going on a few steps down the hall from the Oval Office, it all starts to look sil\u00adly \u2013 and just a lit\u00adtle suspicious.<\/p>\n

The IRS<\/span> deba\u00adcle is a self-inflict\u00aded wound. There is not a scin\u00adtil\u00adla of evi\u00addence that the White House direct\u00aded the IRS<\/span> to go after con\u00adser\u00adv\u00ada\u00adtive groups seek\u00ading 501(c)(4) tax sta\u00adtus. Nor is there evi\u00addence that any\u00adone at Trea\u00adsury or the White House pres\u00adsured the Inspec\u00adtor Gen\u00ader\u00adal to alter his find\u00adings. What keeps this sto\u00adry churn\u00ading is not so much the President\u2019s polit\u00adi\u00adcal ene\u00admies as it is his staff\u2019s inabil\u00adi\u00adty to tell a con\u00adsis\u00adtent and coher\u00adent sto\u00adry. There is noth\u00ading wrong with the Pres\u00adi\u00addent know\u00ading that a dam\u00adag\u00ading report is about to sur\u00adface from with\u00adin his Admin\u00adis\u00adtra\u00adtion. In seek\u00ading to \u201cpro\u00adtect\u201d the Pres\u00adi\u00addent (from what, it\u2019s not clear), his staff has made him look a bit ridicu\u00adlous and fed the con\u00adtro\u00adver\u00adsy in the bargain.<\/p>\n

The DOJ<\/span>\u2019s snoop\u00ading on reporters is anoth\u00ader mat\u00adter entire\u00adly. That was bound to do the Pres\u00adi\u00addent polit\u00adi\u00adcal harm. It\u2019s not so much that it offends the gen\u00ader\u00adal pub\u00adlic. A Pew poll <\/a>tak\u00aden last month showed that the pub\u00adlic, at least at that point, didn\u2019t care a whole lot about any of the scan\u00addals, but was least inter\u00adest\u00aded in this one.  The prob\u00adlem is that it offends the President\u2019s base and, more impor\u00adtant\u00adly, the news industry.<\/p>\n

The anti-Bush move\u00adment that helped pro\u00adpel Barack Oba\u00adma to the White House had its roots in oppo\u00adsi\u00adtion to the War on Ter\u00adror gen\u00ader\u00adal\u00adly and the Iraq War in par\u00adtic\u00adu\u00adlar. The new Pres\u00adi\u00addent soon proved a dis\u00adap\u00adpoint\u00adment to his truest believ\u00aders. In addi\u00adtion to keep\u00ading Guan\u00adtanamo open, he con\u00adtin\u00adued the (suc\u00adcess\u00adful) Bush surge in Iraq, insti\u00adtut\u00aded anoth\u00ader (albeit unsuc\u00adcess\u00adful) surge in Afghanistan, and expand\u00aded the use of CIA<\/span>-con\u00adtrolled drones against ter\u00adror\u00adist tar\u00adgets, among oth\u00ader sins. That por\u00adtion of the President\u2019s base has been qui\u00adet\u00adly \u2013 and some\u00adtimes not so qui\u00adet\u00adly \u2013 seething for years. So it\u2019s hard\u00adly sur\u00adpris\u00ading that rev\u00ade\u00adla\u00adtions of the DOJ<\/span>\u2019s sur\u00adveil\u00adlance of reporters to pur\u00adsue nation\u00adal secu\u00adri\u00adty leaks has pro\u00adduced stri\u00addent crit\u00adi\u00adcism in such places as the Dai\u00adly Beast<\/a>,<\/span> Dai\u00adly Kos<\/a>,<\/span> and the Huff\u00adin\u00adg\u00adton Post<\/a>.<\/p>\n

But the President\u2019s real prob\u00adlem is that his Attor\u00adney Gen\u00ader\u00adal has mor\u00adtal\u00adly offend\u00aded the cor\u00adpo\u00adrate news indus\u00adtry. Huge, old school news orga\u00adni\u00adza\u00adtions like the New York Times, Wash\u00ading\u00adton Post, the Asso\u00adci\u00adat\u00aded Press, CNN<\/span> and oth\u00aders have been very def\u00ader\u00aden\u00adtial to the Pres\u00adi\u00addent. Their docil\u00adi\u00adty is due in part to their decline. For good or ill, the indus\u00adtry is hem\u00ador\u00adrhag\u00ading influ\u00adence and prof\u00adits, increas\u00ading\u00adly edged out by thou\u00adsands of small\u00ader com\u00adpeti\u00adtors. As a source of news, it is no match for the White House itself<\/a>,<\/span> which has effec\u00adtive\u00adly employed social media, its own web\u00adsite, and a net\u00adwork of sym\u00adpa\u00adthet\u00adic orga\u00adni\u00adza\u00adtions to com\u00admu\u00adni\u00adcate with its most like\u00adly sup\u00adport\u00aders, fur\u00adther dimin\u00adish\u00ading the role of the tra\u00addi\u00adtion\u00adal press.  Pres\u00adi\u00addents used to need the press to reach their fol\u00adlow\u00aders.  This Pres\u00adi\u00addent has done just fine by keep\u00ading them at a dis\u00adtance. The White House press corps whines about its wan\u00ading access, but seemed resigned to its more hum\u00adble estate.<\/p>\n

Until May 10. The dis\u00adclo\u00adsure that the Jus\u00adtice Depart\u00adment had mon\u00adi\u00adtored phone traf\u00adfic of AP<\/span> reporters and edi\u00adtors roused their ani\u00admal spir\u00adits. The Pres\u00adi\u00addent first tried to mol\u00adli\u00adfy them by announc\u00ading a kinder, gen\u00adtler pol\u00adi\u00adcy in pur\u00adsu\u00ading ter\u00adror\u00adists<\/a>.  When that failed, the DOJ<\/span> offered the big news out\u00adlets off-the-record brief\u00adin\u00adgs <\/a>detail\u00ading how it will be nicer to reporters in the future.  Such brief\u00adin\u00adgs, in which Admin\u00adis\u00adtra\u00adtion offi\u00adcials con\u00adfi\u00adden\u00adtial\u00adly dis\u00adcuss a mat\u00adter with reporters with the under\u00adstand\u00ading that they will not be quot\u00aded, are a sta\u00adple of jour\u00adnal\u00adism. Much of what you read or see report\u00aded has its roots in off-the-record con\u00adver\u00adsa\u00adtions between a reporter and his or her source. So when some of the most impor\u00adtant rep\u00adre\u00adsen\u00adta\u00adtives of the main\u00adstream news indus\u00adtry, includ\u00ading the New York Times, AP<\/span>, CNN<\/span>, Fox News and oth\u00aders<\/a> boy\u00adcotted the brief\u00adin\u00adgs, it became clear that the President\u2019s prob\u00adlems with this group were last\u00ading and grave.<\/p>\n

All of that made Attor\u00adney Gen\u00ader\u00adal Eric Hold\u00ader a marked man. Hold\u00ader had been hauled up before a Con\u00adgres\u00adsion\u00adal com\u00admit\u00adtee <\/a>on May 15, where his repeat\u00aded asser\u00adtions of \u201c<\/span>I don\u2019t know\u201d<\/a> pro\u00advoked bipar\u00adti\u00adsan anger and frus\u00adtra\u00adtion. But one thing he did know: he has nev\u00ader heard of, much less been involved in, the poten\u00adtial pros\u00ade\u00adcu\u00adtion of a reporter in con\u00adjunc\u00adtion with a leak inves\u00adti\u00adga\u00adtion. When Hank John\u00adson (D\u2011GA<\/span>), who rose to YouTube star\u00addom with his fears that expan\u00adsion of a US<\/span> mil\u00adi\u00adtary facil\u00adi\u00adty on Guam would cause the island to \u201c<\/span>tip over,\u201d<\/a> as well as by his imagery of a cage match between a giant and 30 midgets<\/a> (for which he lat\u00ader (sort of) apol\u00ado\u00adgized<\/a>), asked Hold\u00ader about the Department\u2019s author\u00adi\u00adty to pros\u00ade\u00adcute jour\u00adnal\u00adists in con\u00adnec\u00adtion with leak inves\u00adti\u00adga\u00adtions, Hold\u00ader replied:<\/p>\n

\u201c<\/span>With regard to poten\u00adtial pros\u00ade\u00adcu\u00adtion of the press for the dis\u00adclo\u00adsure of mate\u00adr\u00adi\u00adal, that is not some\u00adthing that I have ever been involved in, heard of, <\/a>or would think would be a wise policy.\u201d<\/p>\n

Just four days lat\u00ader, the Wash\u00ading\u00adton Post report\u00aded that Hold\u00ader had approved a search war\u00adrant<\/a> that empow\u00adered agents to mon\u00adi\u00adtor a Fox News reporter. The FBI<\/span> affi\u00addavit in sup\u00adport of the search war\u00adrant said that there was \u201cprob\u00ada\u00adble cause that the Reporter has com\u00admit\u00adted a vio\u00adla\u00adtion\u201d of the Espi\u00adonage Act, \u201cat the very least, either as an aider, abet\u00adtor and\/or co-con\u00adspir\u00ada\u00adtor<\/a>\u201d of the gov\u00adern\u00adment employ\u00adee who leaked the information.<\/p>\n

Now a good lawyer could no doubt argue that telling a judge that there is \u201cprob\u00ada\u00adble cause\u201d that a reporter vio\u00adlat\u00aded the Espi\u00adonage Act is some\u00adhow dif\u00adfer\u00adent from a \u201cpoten\u00adtial pros\u00ade\u00adcu\u00adtion of the press for the dis\u00adclo\u00adsure of mate\u00adr\u00adi\u00adal,\u201d and I am not accus\u00ading the Attor\u00adney Gen\u00ader\u00adal of lying under oath. But it is hard to square his sweep\u00ading, cat\u00ade\u00adgor\u00adi\u00adcal sworn state\u00adment on May 15 with his approval of the sub\u00adpoe\u00adna against the reporter. Whether he per\u00adjured him\u00adself is a deter\u00admi\u00adna\u00adtion best left to the courts.<\/p>\n

What I am sug\u00adgest\u00ading is that the Pres\u00adi\u00addent needs to find a way to get on top of this mat\u00adter that is caus\u00ading him so much polit\u00adi\u00adcal anguish. The big news cor\u00adpo\u00adra\u00adtions may not hold the sway they once did, but there\u2019s noth\u00ading to be gained from pok\u00ading them in the eye. A dra\u00admat\u00adic ges\u00adture is need\u00aded and accept\u00ading the Attor\u00adney General\u2019s res\u00adig\u00adna\u00adtion seems just the thing. The inves\u00adti\u00adga\u00adtion of Mr. Hold\u00ader could be fair\u00adly con\u00adduct\u00aded by the Jus\u00adtice Depart\u00adment once he is no longer in office, nul\u00adli\u00adfy\u00ading the crit\u00adi\u00adcism that Mr. Hold\u00ader should not over\u00adsee the inves\u00adti\u00adga\u00adtion of him\u00adself and blunt\u00ading calls for a spe\u00adcial pros\u00ade\u00adcu\u00adtor. A US<\/span> Attor\u00adney would decide whether to seek an indict\u00adment. If charges were brought, an impar\u00adtial jury would decide their mer\u00adits. Holder\u2019s res\u00adig\u00adna\u00adtion would, so far as pos\u00adsi\u00adble in our hyper-politi\u00adcized age, remove the mat\u00adter from the realm of pol\u00adi\u00adtics. And that would be good pol\u00adi\u00adtics for the President.<\/p>\n

The Pres\u00adi\u00addent also would derive polit\u00adi\u00adcal gain from let\u00adting the press claim a scalp and sal\u00advage some dig\u00adni\u00adty and self-respect in the process. It would help return them to their more qui\u00ades\u00adcent state, mak\u00ading it more like\u00adly that they would down\u00adplay and mar\u00adgin\u00adal\u00adize the IRS<\/span> and Beng\u00adhazi controversies.<\/p>\n

It would be a dif\u00adfi\u00adcult move for the Pres\u00adi\u00addent. Hold\u00ader is report\u00aded\u00adly very close to Valerie Jar\u00adrett, one of the President\u2019s most trust\u00aded advis\u00aders.  The New York Times also notes that Hold\u00ader\u2019s wife is tight with Mrs. Oba\u00adma<\/a>.  But Mr. Hold\u00ader would sure\u00adly under\u00adstand that this isn\u2019t per\u00adson\u00adal, it\u2019s busi\u00adness. And he\u2019s become, as he might say in a res\u00adig\u00adna\u00adtion let\u00adter, a \u201cdis\u00adtrac\u00adtion.\u201d<\/p>\n

His depar\u00adture would per\u00adhaps allow the Pres\u00adi\u00addent to shift the focus back to his agen\u00adda in sup\u00adport of health care and motherhood.<\/p>\n","protected":false},"excerpt":{"rendered":"

May 10 was sup\u00adposed to be about health care and moms. The White House mes\u00adsage of the day was that the health care law is pro-motherhood.The Pres\u00adi\u00addent deliv\u00adered this mes\u00adsage two days before Moth\u00aders Day at a White House event. But his mes\u00adsage nev\u00ader did get out. Con\u00adtin\u00adue read\u00ading \u2192<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":554,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","wp_typography_post_enhancements_disabled":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"nfd_image_url":"","nfd_onboarding_generated":"","footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[19,2],"tags":[223,160,229,152,219,161,172,1189,221,149,234,222,231,232,224,230,237,239,171,236,228,238,36,122,233,220,169,227,54,170,162,82,47,225,167,240,226,5,140,235,143],"class_list":["post-549","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-politics","category-the-media","tag-501c4","tag-abc-news","tag-afghanistan","tag-al-qaida","tag-ap","tag-associated-press","tag-attorney-general","tag-benghazi","tag-chief-of-staff","tag-cia","tag-cnn","tag-conservatives","tag-daily-beast","tag-daily-kos","tag-doj","tag-drones","tag-eric-holder","tag-espionage-act","tag-fbi","tag-fox-news","tag-guantanamo","tag-hank-johnson","tag-health-care-law","tag-hhs","tag-huffington-post","tag-ig","tag-inspector-general","tag-iraq-war","tag-irs","tag-justice-department","tag-kathleen-sebelius","tag-new-york-times","tag-obama","tag-pew-poll","tag-treasury-secretary","tag-valerie-jarrett","tag-war-on-terror","tag-washington-post","tag-white-house","tag-white-house-press-corps","tag-youtube"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t