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Exploring Leadership in the News with Steven Pearlstein and Raju Narisetti

THE QUESTION

Terrorism trials: Holder's middle path?

In deciding how to treat and try terrorists, Attorney General Eric Holder insisted on insulating his department from political considerations but was forced to retreat because of public outcry. What leadership lessons should he draw upon in trying to balance the sometimes-conflicting demands of legal legitimacy and political legitimacy?

Posted by Steve Pearlstein and Raju Narisetti on February 16, 2010 5:17 AM
FEATURED COMMENTS

realtimer: Holder and his AGENDA should never have been appointed in the first place!! Reno redux!...

33rdStreet: No wonder newspapers around the country are going out of business: they have forgotten the definition of news! The cost of holding the trial...

dukedonnelly: Once again Holder is seen as a problem and all of you commentators have missed the overall!!! Where in the Constitution does is state that ...

Make a Comment  |  All Comments (21)

ALL COMMENTS (21)
John1263 Author Profile Page :
 

"Dangerously politicized" in the DoJ would be...firing US attorneys when they would not make up phony cases against political opponents. Holder could not get support from the critical political leaders he needed to actually do the logistics of the trial. So he had little choice but to relocate. And the preasure on the locals to change their minds came primarily from righties looking to make our President look bad. they have taken the ayatollah limbaugh fatwah to make everything fail to the nth degree. No matter national security or what is good for the country as long as you can make President Obama look bad --- real patriots.......

 
rmattocks Author Profile Page :
 

When hasn't the Justice Department not been politicized? All you have to do is look at Bush Admin's use of the Justice Department for 8 years. Look at how J. Edgar Hoover bullied the Justice Department to do his bidding for him and the bureau. The Justice Dept has always been political and won't change no time soon. Those terrorists would have been fine tried in New York and that's where they needed to be at the scene of the crime but yet the uninformed and ignorant public, spurred on by uninformed and igonorant legislators and tea baggers will now have this thing drag on even longer.

 
fmjk Author Profile Page :
 

Holder should have stuck to his guns. Since when does a local mayor have veto power over where the federal government decides to bring a federal criminal prosecution? And why doesn't anyone seem to realize that you can't just bring a case willy nilly any where you choose -- the Constitution has specific requirements for proper venue. So only NY, DC, Alexandria, and possibly PA would even be appropriate. Holder had principled reasons for doing what he did -- he thought about it and he made a decision. Backtracking has made him look even weaker than everyone was saying the decision to use the civilian courts made him look.

Besides, the whole civilian vs. military dispute is ridiculous. The argument seems to be, if only we'd gone with a military tribunal, we could have tortured him and gotten more information. But torture is totally against the military's rules too. And he has been cooperating all along!

 
fmjk Author Profile Page :
 

Holder should have stuck to his guns. Since when does a local mayor have veto power over where the federal government decides to bring a federal criminal prosecution? And why doesn't anyone seem to realize that you can't just bring a case willy nilly any where you choose -- the Constitution has specific requirements for proper venue. So only NY, DC, Alexandria, and possibly PA would even be appropriate. Holder had principled reasons for doing what he did -- he thought about it and he made a decision. Backtracking has made him look even weaker than everyone was saying the decision to use the civilian courts made him look.

Besides, the whole civilian vs. military dispute is ridiculous. The argument seems to be, if only we'd gone with a military tribunal, we could have tortured him and gotten more information. But torture is totally against the military's rules too. And he has been cooperating all along!

 
F-4Phantom Author Profile Page :
 

"Pardons" Holder:
Disgraceful behavior at Justice Dept:
- Radical lawyers who impeded terrorist prosecution now in charge of investigating CIA and at very level at Justice.
- Failure to prosecute Black Panthers.
- Civilian trials for confessed combatants.
- Witch hunts for "Discrimination" (any= test a minority fails).

Disgraceful and un-American

 
DwightCollins Author Profile Page :
 

there are alot of reasons to not trust eric holder...
everyone is waiting for his reno moment...
I'm sure that will happen sooner than later...

 
slainte1 Author Profile Page :
 

The premise of the question is flawed in that it assumes that Holder hadn't already politicized the office. He had and will continue to. Now you can argue if that is right or wrong but get the premise straight.

 
tm13 Author Profile Page :
 

Eric Holder has that trait common to all democrats: no spine.

 
Tupac_Goldstein Author Profile Page :
 

Put Holder in a Folder and file him away. Nominate someone with better vision and stronger belief in the constitution, and not someone who will become just another flunky for the Obama.

 
foxfax Author Profile Page :
 

Since when did the DOJ start taking orders from FOX News? Holder has lost all my respect.

 
pdt278 Author Profile Page :
 

Isn't this question a little presumptuous? While I agree that it looks as the administration is backing off of holding the 9/11 trials in NY, nothing has officially changed.

I believe Holder is the one holding this move up. He wants the trials in NY, but it is getting extreme pressures from the WH and NYC, but has yet to back down.

So again, is the question a little presumptuous?

 
papafritz571 Author Profile Page :
 

Democrats always try to use reason and that hasn't worked. In the current TeaBagger atmosphere and the belligerent Republican Congress, there is no reason, nor any scent of patriotic sanity. They want Obama to fail and they will make as much noise as necessary to achieve their goals.
Eric Holder buckled under to rightwing noise. The Republicans have used their ignorance and screaming hyenas to stop what could have been a legitimate trial in New York, the same as it was for those tried and jailed under Bill Clinton. Clinton's AG got the job done, no one died, New Yorkers kept moving around the city, but that went completely unnoticed by the rightwingers.

AG Holder, please tell the ignorant loud mouths like Cheney and the Republican squealers to shut the heck up as a new administration is in charge and they have no say in what you do. Eight years of overt racism, politicization and discrimination against any young lawyer who wasn't Republican or didn't vote for Bush was completely pushed under the rug of the Republican Congress. Is this all the Republicans have left, screaming and whining?????

 
iamredwolf Author Profile Page :
 

I'm a Liberal Democrat and a minority
voter, but in my opinion, Eric Holder
is not the man for the job of US AG.
I'm sure he's a good guy and capable,
but he doesn't operate effectively in
his current position. It happens and
it's really nobody's fault. We should, however;find an effetcive and capable
US AG ASAP. America's well-being and
Security are more important than my
partisan viewpoint and racial politics.

 
drshijo Author Profile Page :
 

I think Mr. Holder should stick to his guns and bring Khalid Sheikh Mohammed to Manhattan,....and then set him free.

I am sure New Yorker's will extend their customary hospitality and take good care of him.

 
bobbo2 Author Profile Page :
 

Leaders think through their decisions before taking action. Leaders confer with others, refer to history, look at precedent. Attorney General Holder's venue decision on the terrorism trial, I believe, gives an impression of two dimensional thought. The decision was cold, and calculating. No regard was given to what the American people's reaction would be. A failure on his part and on the part of his immediate boss, President Obama. The big boss, the American people felt insulted by this decision. Leaders admit when they are wrong, learn, and move on.

 
bobbo2 Author Profile Page :
 

Leaders think through their decisions before taking action. Leaders confer with others, refer to history, look at precedent. Attorney General Holder's venue decision on the terrorism trial, I believe, gives an impression of two dimensional thought. The decision was cold, and calculating. No regard was given to what the American people's reaction would be. A failure on his part and on the part of his immediate boss, President Obama. The big boss, the American people felt insulted by this decision. Leaders admit when they are wrong, learn, and move on.

 
hurleyvision Author Profile Page :
 

Why we don't like civilian trials for terrorists, let us count the ways;
When the Chicago River is frozen you can look through the ice and see the remains of people who had been scheduled to testify against Al Capone.
The Gotti Clan has been thinning the population with nary a conviction.
OJ Simpson whittled up two people and continued three-putting in Florida for years.
Communist Doris Walker loaded a jury with America haters and then Angela Davis walked and has been supported by Calif. taxpayers ever since. She had bought the gun and ammo that were used to murder Marin County Judge Harold Haley. She fled and was later captured and tried.
The utter failures of civilian courts are too numerous to list in this small space.

 
realtimer Author Profile Page :
 

Holder and his AGENDA should never have been appointed in the first place!! Reno redux!

 
realtimer Author Profile Page :
 

Holder and his AGENDA should never have been appointed in the first place!! Reno redux!

 
33rdStreet Author Profile Page :
 

No wonder newspapers around the country are going out of business: they have forgotten the definition of news! The cost of holding the trial in New York was calculated and that cost was deemed excessive. The decision to hold the trial there is being reviewed accordingly. Would someone please explain how that is politics? Maybe the moderators who started this silliness?

 
dukedonnelly Author Profile Page :
 

Once again Holder is seen as a problem and all of you commentators have missed the overall!!! Where in the Constitution does is state that illegal aliens, terrorists, or any un-naturalized people in this country are subject to a jury of their piers or morranda rights....how absurd is the assumption they are?

There are far more simpler solutions to these type of percieved problems and all Americans definitley need to wake up and realize that! Look at the larger photo!

 
 
 
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