Justice Department on So-called ”Al Qaeda Seven”: We Will Not Participate in An Attempt to Drag People’s Names Through the Mud
For several weeks, Republican lawmakers and a conservative group have been attacking the Justice Department for refusing to reveal the names of nine officials who have in some way advocated for or represented detainees at Guantanamo Bay.
"The administration has made many highly questionable decisions when it comes to national security, " Sen. Chuck Grassley, R-Iowa, said in a recent statement, arguing that the public has “a right to know who advises the Attorney General and the President on these critical matters."
Attorney General Eric Holder identified two of the attorneys in question: Principal Deputy Solicitor General Neal Katyal and National Security Division Attorney Jennifer Daskal. Katyal won the Supreme Court case Hamdan v. Rumsfeld, challenging the legality of President Bush’s military commissions; Dascal worked for Human Rights Watch.
Who were the other seven? Holder refused to say.
This week Holder was attacked for that by the group Keep America Safe, run by former State Department official and vice presidential daughter Liz Cheney, Weekly Standard editor Bill Kristol and Debra Burlingame, the sister of Charles F. “Chic” Burlingame, III, pilot of American Airlines flight 77, which crashed into the Pentagon on September 11, 2001.
The attack came in the form of this ad, which features Holder saying “the pendulum is starting to swing” and “we’re going to be looking for people who share our values.”
The narrator asks, “So who did President Obama’s Attorney General Eric Holder hire?”
An Investor’s Business Daily headline is shown, reading “DOJ: Department of Jihad.”
“Nine lawyers who represented or advocated for terrorist detainees,” the narrator says, citing this ABC News story by ABC News Congressional Correspondent Jonathan Karl, which describes GOP lawmakers asking which Justice Department officials have been involved in the past with defending detainees.
“Who are these government officials? Eric Holder will only name two,” the narrator says. “Why the secrecy behind the other seven? Whose values do they share?” the narrator asks as the image of a terrorist is shown.
“Tell Eric Holder Americans have a right to know the identity of the al Qaeda Seven,” the narrator concludes.
It does not appear that any of these conservatives and Republicans stated any objections to the Bush Justice Department’s hiring of Trisha Anderson, who represented 13 Yemeni detainees at Covington & Burling; or Varda Hussain, who at Venable represented three Egyptian detainees.
Justice Department spokesman Matthew Miller said today that Justice Department officials “will not participate in an attempt to drag people’s names through the mud for political purposes. “
Miller said that one of the hallmarks of “our nation’s legal system is that attorneys provide faithful representation to all sorts of clients. As John Roberts said at his confirmation hearings, it is wrong to identify lawyers with the client or the views the lawyer advances for the client, and our history is replete with such examples, from John Adams representing British soldiers to Department of Defense JAG lawyers representing Guantanamo detainees.”
The DOJ spokesman called it “offensive” that the patriotism of Justice Department lawyers is being questioned, “just as it was offensive when people questioned the patriotism of JAG lawyers representing detainees or the Supreme Court Justices who, by majority votes, ruled in favor of detainees in cases during the previous administration.”
Writing to Sen. Jeff Sessions, R-Ala.., Holder wrote that “all Department appointees understand that their client is the United States” and no appointee “would permit or has permitted any prior affiliation to interfere with the vital task of protecting national security, and any suggestion to the contrary is absolutely false.”
Those senior Department officials who advocated in any way for detainees, “like other political
appointees who are similarly situated, have recused from particular matters regarding specific
detainees …”
Holder said that “as best as we can determine, of the 50 largest U.S. law firms, at least 34 have either represented detainees or filed amicus briefs in support of detainees.” Talking Points Memo noted today that Carol Elder Bruce has been listed as counsel in two habeas cases for detainees, El Mashad et al v Bush and Alladeen et all v Bush. Bruce is a top attorney with Bracewell Giuliani, the firm partly run by former New York City Mayor and GOP presidential candidate Rudy Giuliani.
The Attorney General did not provide the names beyond Katyal and Daskal.
Fox News’s Mike Levine today identified the other seven, which the Justice Department confirmed:
1. Deputy Assistant Attorney General in the Justice Department's Civil Division Beth Brinkmann who as an attorney with Morrison & Foerster worked on a Supreme Court brief on behalf of former federal judges that called for further protection of detainees' rights;
2. Office of Legal Counsel attorney Jonathan Cedarbaum who as an attorney at WimlerHale was part of a "firm-wide effort" representing six Bosnian-Algerian detainees that led to the Supreme Court case Boumediene v. Bush. (A former assistant to the Solicitor General in the Bush administration, Pratik Shah, was also on the WilmerHale Boumediene v. Bush legal team);
3. Senior Counsel in the Office of the Deputy Attorney General Eric Columbus, a former WilmerHale attorney who also was on that Boumediene v. Bush legal team;
4. Office of the Attorney General official Tali Farhadian who as an attorney with Debevoise & Plimpton helped file a brief urging an appeals court to hear the case of Ali al-Marri;
5. Principal Deputy Associate Attorney General Joseph Guerra who as an attorney with Sidley Austin helped three civil liberties groups, including a conservative organization, file a brief urging the Supreme Court to hear the case of Jose Padilla;
6. Office of Legal Counsel official Karl Thompson, who as an attorney at O'Melveny & Myers was on a team of seven attorneys representing Omar Khadr;
7. Assistant Attorney General for the Justice Department's Civil Division Tony West who as an attorney with Morrison & Foerster's represented John Walker Lindh.
In an interview with the Washington Independent’s Spencer Ackerman the chief prosecutor for the erstwhile military commissions in the Bush administration, Air Force Col. Morris Davis, (Ret.), called the attacks against these attorneys “outrageous.”
“Neal in particular was and is one of the sharpest and hardest-working attorneys I’ve known in the 27 years I’ve been practicing law,” Davis told the Independent. “It is absolutely outrageous for the Cheney-Grassley crowd to try to tar and feather Neal and Jennifer and insinuate they are al-Qaeda supporters. You don’t hear anyone refer to John Adams as a turncoat for representing the Brits in the Boston Massacre trial. If you zealously represent a client, there’s nothing shameful about that. That’s the American way.”
A counterargument is made by Byron York, chief political correspondent for the Washington Examiner, who wrote that “Private lawyers can choose to take or not take cases. Sometimes they make their decisions based on money, sometimes on principle, sometimes because they are sympathetic to the accused. The lawyers who worked with the terrorist detainees chose to represent people who are making war on the United States. That's certainly their right, but it's entirely reasonable to ask whether they should now be working on detainee issues at the Justice Department.”
-jpt
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Byron York is, in my humble opinion, 100% correct. Eric Holder MUST learn who he works for…and who’s tax dollars pay his salary…and to whom he is obligated to answer. Legitimate questions have been asked and Holder refuses, on speculative grounds, to even answer the most basic. And this is a transparent government? Hardly!
Posted by: Dell | March 3, 2010, 4:41 pm 4:41 pm
Team Obama
Culture of Corruption
Eric Holder..Attorney General
Obama VS America
Posted by: another crisis-another photo op | March 3, 2010, 4:46 pm 4:46 pm
Didn’t the libs go nuts during John Roberts confirmation hearing because he had handled a war on terror case while he was a federal judge?
The Libs demanded that Roberts promise to recuse himself from certain WOT cases. Wouldn’t these 9 DOJ attorneys have massive conflicts of interest handling WOT cases?
Posted by: PC Madness | March 3, 2010, 5:18 pm 5:18 pm
wow…isnt this the most lovely group of folks you guys put in charge? who would have thunk that someone who hangs out with a domestic terrorist, world renowned socialists and attends a church for 20 years whose pastors spews hatred for america, never held a for profit job would have trouble governing in this country?
Posted by: catman | March 3, 2010, 5:19 pm 5:19 pm
Team Bush….nothing but Corruption. America is the Land of Laws…now the right wingnuts are trying to change it back to “lynching” and how they did it to their own citizens for decades. AMERICA HAS LAWS. AND EVERYONE ACCUSED OF A CRIME IS ENTITLED TO REPRESENTATION!
Posted by: sara | March 3, 2010, 5:26 pm 5:26 pm
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This could only come from the radical leftists Saul Alinsky groupie – Barack Obama. Seven US Justice Department appointees are terrorist sympathizers.
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Under normal circulstances, this would be considered treason. But we all know Obama is on a mission to distroy the America we know and love.
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Posted by: N Waff | March 3, 2010, 5:30 pm 5:30 pm
Obama is the worst president ever, i hope he fails!
Posted by: GEORGE W BUSH | March 3, 2010, 6:01 pm 6:01 pm
Team Bush….nothing but Corruption. America is the Land of Laws…now the right wingnuts are trying to change it back to “lynching” and how they did it to their own citizens for decades. AMERICA HAS LAWS. AND EVERYONE ACCUSED OF A CRIME IS ENTITLED TO REPRESENTATION!
Posted by: sara | Mar 3, 2010 5:26:12 PM
_____________________________________
Why abc even covers this kind of right wing extremism is beyond me. They’re just trying to score cheap political points – another attempt to try to present the Republicans as the only ones ‘tough on terrorism’ – which is complete nonsense. Bin Laden and al Qaeda escaped on the Bush watch in Afghanistan, North Korea developed its first nuclear weapon on Bush’s watch . .. etc.
Posted by: tierra | March 3, 2010, 6:02 pm 6:02 pm
Thank you and kudos to Jake Tapper for including Byron York’s counter-argument.
I would also add that these terrorist defenders not in staff but leadership positions in the major legal departments of the executive branch.
They are management positions and are charged with making policy decisions in the Office of Legal Counsel, the Solicitor General’s Office and the Attorney General’s Office.
It therefore becomes abundantly clear why Holder has been vehemently opposed to miitary commissions. I also reveals how he came to the appalling decision to end the KSM commission trial in order to spend $200 million in taxpayer dollars to fund trials in NY.
To these administrators terrorists’ rights come before the rights and safety of Americans.
Posted by: Looking for Sanity | March 3, 2010, 6:07 pm 6:07 pm
Clearly, the Spawn of Joe McCarthy continue to multiply. Why are these people so fearful of the Constitution and its legal protections? Adams represented British soldiers. The Defendants at Neuremburg got counsel. Of course, Liz Cheney wasn’t around then trying to fund her personal PAC.
Posted by: B.Bear | March 3, 2010, 6:15 pm 6:15 pm
heaven forbid that those associated with Al Queda be tarred with a brush! Didn’t Obama’s lackey just go-to-bat for the law about association/support for designated terrorist organizations (which, I think, is a bad law by the way)! But now the same character says “we’ll hire them and not tell you who they are”!? I wonder if this is simply because Al Queda is a Muslim group. Would same apply if Obama hired members of UDF, IRA, Basques, RAF, or The Order etc? I doubt it!
Posted by: Ed | March 3, 2010, 6:20 pm 6:20 pm
What is the point of this? Are we going to allow lawyers to be blacklisted because of their clients? Are we going to try to punish people because they believe in the code of conduct of their profession?
How utterly un-American.
Posted by: Flash Override | March 3, 2010, 6:24 pm 6:24 pm
Sunlight is the best disinfectant.
Posted by: alborn | March 3, 2010, 6:42 pm 6:42 pm
So lawyers who were supporting terrorists are now prosecuting terrorists? And some posters here don’t see a conflict of interest? Really?
Posted by: PC Madness | March 3, 2010, 6:43 pm 6:43 pm
There’s a great article by Adam Serwer about this caled “The New McCarthyism”
“The “Gitmo Nine” aren’t terrorists. They weren’t captured fighting for the Taliban. They’ve made no attempts to kill Americans. They haven’t declared war on the United States, nor have they joined any group that has. The “Gitmo Nine” are lawyers working in the Department of Justice who fought the Bush administration’s treatment of suspected terrorists as unconstitutional. Now, conservatives are portraying them as agents of the enemy.”
“
Posted by: There is no Planet B | March 3, 2010, 9:49 pm 9:49 pm
Another good point from the article by Adam Serwer:
“The right is treating the lawyers who came up with the justification for torture as heroes, and the lawyers like Katyal who helped restore the rule of law as villains,” says Frakt. “They’ve just got their heads screwed on backwards.”
Posted by: There is no Planet B | March 3, 2010, 9:50 pm 9:50 pm
Any balanced presentation of this story should begin calling these people the John Adams 7 as well. John Adams defended the British soldiers who were part of the Boston Massacre and he got them acquitted!
Posted by: Joseph Nobles | March 3, 2010, 9:51 pm 9:51 pm
Any balanced presentation of this story should begin calling these people the John Adams 7 as well. John Adams defended the British soldiers who were part of the Boston Massacre and he got them acquitted!
Posted by: Joseph Nobles | Mar 3, 2010 9:51:24 PM
Nice! I like that as this whole witch hunt is really disturbing me. What an insiduous and repugnant ad.
Glenn Greenwald also has a nice article posted at Salon called “The lawyers Liz Cheney smeared” and he makes this point:
“It’s the type of McCarthyite act which would, if we had any minimal standards in our political culture, result in the shunning of Cheney and Kristol by all decent people (instead, it will likely land the Vice President’s daughter on multiple Sunday talk shows where she can pose as an expert on national security).”
In an update he mentions John Adams as well and writes: ” Adams called his defense of those enemy soldiers “one of the most gallant, generous, manly, and disinterested actions of my whole life, and one of the best pieces of service I ever rendered my country.” Imagine the ads Liz Cheney and Bill Kristol would have produced about him. As always, those who most flamboyantly and shrilly anoint themselves Arbiters of American Patriotism wage the most vicious wars on its core principles.”
Posted by: There is no Planet B | March 3, 2010, 10:13 pm 10:13 pm
We Will Not Participate in An Attempt to Drag People’s Names Through the Mud….
Unless, of course, they served under the former President Bush…
Posted by: Quo Warranto | March 3, 2010, 10:29 pm 10:29 pm
The democrats have done this for years to tobacoo lawyers, those who joined the Federalist Society, or those who went to a conservative law school. In fact, the Washington Post had an article last year that the government wanted to purge the government of people Bush appointed who were conservatives.
Holder has made some whacky decisions. I am more concerned about his decision to dismiss the New Black Panther Party charges.
Remember, Holder also agreed to the release of the Lockerbie Bomber to Libyia and he assured us the guy was going to be dead from prostate cancer in 3 months. The Lockerbie Bomber is still alive and thriving in Libyia, and also has $3 million in his bank account.
Those terrorist lawyers no doubt had a part in agreeing to this arrangement based on their skewed belief that terrorists are truthful and just misunderstood.
Posted by: Karen | March 4, 2010, 6:02 am 6:02 am
A terrorist is a terrorist, no matter what. We need to bring all terrorist to trial, and if found guilty hang them, or shoot them or whatever, when we really start doing this faster, then they will get the message, let’s stop playing games with this, now maybe the people of the United States will start feeling much better. We have another terrorist in our country right now, he has been labeled “The Osama Bin Laden Of Latin America” by the Justice Department, and we are playing games with his trial also. Delay, delay, delay with him, his name is LUIS POSADA CARRILESE, look him up, you will not believe this guy. He was supposed to go on trial a few days ago, March 1, 2010 they are really keeping this one hush hush. Delay, delay delay, What’s going on with these terrorist? Let’s do the right thing !!!!! we the people deserve better. Our brave men and women fight every day, and some die every day fighting the war on terrorism, they are the ones that really deserve better.
Posted by: Patrick | March 4, 2010, 6:17 am 6:17 am
Joseph Nobles:
John Adams defended the principles that would later be solidified through formation of the Constitution of the United States!
These detainees wish nothing more than harm upon us. They have no rights, never have and never will.
And rather than watching movies on HBO, you should read the Constitution, the Declaration of Independence, and the Bill of Rights, instead.
One document you should pay very close attention to is the Declarion of Independence. In this document Jefferson listed the offenses of the tyrant king. Amoung his many offenses, was one we can relate to now, it states, “For quarting large bodies of troops amoung us”, “For protecting them by mock trial, from punishment for any murders which they should commit on the inhabitants of these states.”
In addition, it is also a violation of the constitution to give aid and comfort to our enemies.
Now, if this doesn’t clear things up for you, then obviously nothing will.
As Jefferson and others said so eloquently of the king, “these acts define a tyrant.” they go on to say, “In every stage of these Oppressions we have petitioned for redress in the most humble terms: Our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.”
Sir, I have long studied John Adams, and Eric Holder, is NO John Adams.
You should read more, and watch t.v less.
Posted by: Kimmie G. | March 4, 2010, 6:44 am 6:44 am
Who are we kidding, he hired them precisely because of their associations, then he sent the prosecutor from the
case, in the Bulger case, after the CIA
interrogators
Posted by: ian cormac | March 4, 2010, 8:11 am 8:11 am
They must be members of Officials Anonymous.. or the names have been changed to protect the official.
Posted by: DontGet818OnMeNow | March 4, 2010, 8:30 am 8:30 am
Holder defended Terrorist while Clinton was in Office and took a pass that let Clinton Pardon 6 Puerto Rican Terrorist,in an attempt to win Hillary a senate seat in New York,Where we Have the best politicans Money can buy.
Posted by: stormerF | March 4, 2010, 8:36 am 8:36 am
It’s called the ‘Justice’ department.. after all..
Posted by: DontGet818OnMeNow | March 4, 2010, 9:02 am 9:02 am
This is like letting John Gotti’s attorney (Lloyd Cutler) prosecute Sammy “The Bull” Gravano
Liberals are abject cowards
Posted by: JamesJ | March 4, 2010, 11:43 am 11:43 am
Liberals are abject cowards
Posted by: JamesJ | Mar 4, 2010 11:43:54 AM
Odd its not the DNC powerpoint presentation targeting “fear”as a prime motivator for its base then.
LOL.
Odd also that its not the liberals running from the liberal ideas our country was found on, or the truth about John Adams, one of our founding fathers.
Even the Republican party knows who the real cowards are, and they’ll exploit that out of greed and lust for power.
Posted by: progressive mama | March 4, 2010, 1:21 pm 1:21 pm
Byron York is the only one in this whole piece who talks like a sane person.
He and Jake Tapper should team up and make themselves what Woodward and Bernstein pretended to be.
They are both the best journalists in Washington.
Posted by: Publius | March 4, 2010, 2:55 pm 2:55 pm
Is there any way we can get Sarah Palin on the “Domestic Terrorist” watch list?
Posted by: scott | March 4, 2010, 3:32 pm 3:32 pm
Ah, The Brits involved in the Boston Massacre were, of course, uniformed troops. Also they were seriously under assault at the time. Check out the resume’ of a few Gitmoids to see what THEY were up to. Any equivalence between John Adams and these pocket edition radicals who will mount ANY horse to harm this nation, even a jihadi horse, is disgusting, ignorant, slanderous (to Adams) and treasonous.
Posted by: megapotamus | March 4, 2010, 6:06 pm 6:06 pm
I think it is important to know who these lawyers are because it is important to know who is affecting American legal policies. Policies that future Presidents will rely on. It is not like there has not been cases of lawyers going beyond being advocates for their clients but also becoming advocates for their causes and breaking laws in the process. If these lawyers were arguing from core beliefs for their clients, then changing jobs would not change those core beliefs and they would bring them those beliefs with them when now trying to argue for their new client the Government. Eric Holder has made some questionable decisions and people are trying to gain insight into how he came to those decisions.
Posted by: gsplsngr | March 4, 2010, 6:07 pm 6:07 pm
Sorry, but the number of al Qaeda fellow travelers working for Holder is not limited to the Al Qaeda Nine. Holder’s team is chock full of leftist militants sympathetic to al Qaeda and it’s America hating agenda.
Posted by: Tom | March 5, 2010, 4:06 pm 4:06 pm
“Sorry, but the number of al Qaeda fellow travelers working for Holder is not limited to the Al Qaeda Nine. Holder’s team is chock full of leftist militants sympathetic to al Qaeda and it’s America hating agenda.”
Looks like the McCarthyism comparisons are quite accurate. It’s unfortunate that so many Americans are so eager to swallow the far right’s tripe.
Posted by: Jose Awesome | March 5, 2010, 8:00 pm 8:00 pm
“Looks like the McCarthyism comparisons are quite accurate. It’s unfortunate that so many Americans are so eager to swallow the far right’s tripe.
Posted by: Jose Awesome | Mar 5, 2010 8:00:52 PM”
Speaking of tripe, nice DailyKos talking points, bud.
Posted by: SFC MAC | March 15, 2010, 6:45 pm 6:45 pm