S
snoscytheThe lack of preparation time led to some problems with Eric Holder's statements to Congress re: the AP subpoena. It seems his strategy was a combination of "I either don't know or I can't tell you because of an ongoing investigation," and attacking the panel as somehow unethical (echoes of the "What difference does it make!?!" approach). Here's a short list of how Holder thought he helped himself, but actually may have moved the knife closer to his own throat. The only thing that saved him was that that the Committee members likewise had little time to bone up on the details and the law:
1A) Holder stated that he recused himself from the case verbally, but cannot remember when.
2B) 28 USC 40 requires: "The Attorney General shall set forth this [recusal] determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal," so either he (i) illegally recused himself, or (ii) he did not recuse himself. Neither are good answers for the USAG.
2A) Holder emphatically stated he does not know when the subpoena issued.
2B) Holder emphatically stated he recused himself before the subpoena issued. One of these statements must be false for the other to be true.
3A) The subpoena statute provides that such a subpoena can issue only with the USAG's signature. It's a nondelegable task.
3B) Holder testified he did not sign the subpoena, but that his deputy Cole signed it. That makes this an illegal subpoena, unenforceable and subjecting the person signing it to criminal and civil action. Either Holder is fudging, or his DOJ is issuing illegal subpoenas.
1A) Holder stated that he recused himself from the case verbally, but cannot remember when.
2B) 28 USC 40 requires: "The Attorney General shall set forth this [recusal] determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal," so either he (i) illegally recused himself, or (ii) he did not recuse himself. Neither are good answers for the USAG.
2A) Holder emphatically stated he does not know when the subpoena issued.
2B) Holder emphatically stated he recused himself before the subpoena issued. One of these statements must be false for the other to be true.
3A) The subpoena statute provides that such a subpoena can issue only with the USAG's signature. It's a nondelegable task.
3B) Holder testified he did not sign the subpoena, but that his deputy Cole signed it. That makes this an illegal subpoena, unenforceable and subjecting the person signing it to criminal and civil action. Either Holder is fudging, or his DOJ is issuing illegal subpoenas.