Archive for the ‘Eric Holder’ Category

Eric Holder: Moratorium On Death Penalty ‘Would Be …

Attorney General Eric Holder called Tuesday for a moratorium on the death penalty pending a Supreme Court decision on the use of lethal injection drugs in Oklahoma.

Speaking at a luncheon at the National Press Club in Washington, D.C., Holder, noting that he was speaking in a personal capacity and not as a member of the administration, said the "inevitable" possibility of executing an innocent individual is what makes him oppose capital punishment.

"Our system of justice is the best in the world. It is comprised of men and women who do the best they can, get it right more often than not, substantially more right than wrong," Holder said. "There's always the possibility that mistakes will be made ... It's for that reason that I am opposed to the death penalty."

He continued: "I think fundamental questions about the death penalty need to be asked. And among them, the Supreme Court's determination as to whether or not lethal injection is consistent with our Constitution is one that ought to occur. From my perspective, I think a moratorium until the Supreme Court made that determination would be appropriate."

Holder clarified that his personal views on the matter are not part of an ongoing Justice Department review of state execution practices.

Last month, the Supreme Court agreed to review a case brought by death row inmates accusing the state of Oklahoma of violating the constitutional ban on cruel and unusual punishment. The case came after Oklahoma botched the execution of inmate Clayton Lockett, who was seen writhing and clenching his teeth after being administered a lethal three-drug combination. Lockett ultimately died 43 minutes after he was administered the drugs.

Holder, who is retiring pending the confirmation of his nominated successor Loretta Lynch, has long been personally opposed to the death penalty.

"I think that the issue is made real when you look at some of the things that have happened in the states over the last year or so, where you had these botched executions, where you had an inability to get the appropriate drug," Holder told The Marshall Project last year. "We've had doctors unwilling to participate in the process. I think this is pushing this country toward some really fundamental questions about -- even though, you know, people still support the death penalty by 55 percent, or whatever the number is -- some fundamental questions about continued use of the death penalty."

H/T The Hill

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Eric Holder launches 90-day crusade against bank leaders

Attorney General Eric Holder wants a Wall Street scalp.

After years of pressure from some lawmakers, civic leaders and Occupy Wall Street protesters, the countrys No. 1 law enforcer said Tuesday he has instructed many of his 93 federal prosecutors to review any residential mortgage fraud case they have brought against a financial institution stemming from the 2008 financial crisis to see if any executive could be held accountable for the companys actions.

Both civil and criminal cases will be on the table, Holder said.

The prosecutors have been given three months to report their findings to Washington.

Holder, speaking at the National Press Club in Washington, asked the prosecutors to try to develop cases against individuals and to report back in 90 days with regard to whether they think they can successfully bring criminal or civil cases against those individuals.

The Bronx-born AG, who is stepping down from the post hes held since 2009, said Loretta Lynch, who has been nominated to replace him, will likely get those responses.

Holders move was met with instant derision from three former federal prosecutors, who spoke with The Post on the condition of anonymity.

Its a political play to give Lynch a clean slate if the Senate confirms her as well as a tacit admission that billion-dollar fines and guilty pleas havent had the deterrent effect the Department of Justice was hoping for, the former prosecutors said.

Its a little bit unseemly, one former prosecutor told The Post.

If prosecutors really thought they had something on an executive, they would have done something already, a second former prosecutor said.

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Eric Holder launches 90-day crusade against bank leaders

Capitol Report: Attorney General Holder wants his successor to do what he couldnt

Attorney General Eric Holder said he has asked U.S. Attorneys to review cases to see if criminal or civil charges can be brought against individuals at banks.

WASHINGTON (MarketWatch) Bring criminal cases against bank bad guys. That is what outgoing Attorney General Eric Holder is requesting of his successor.

Responding to questions following a speech at the National Press Club, Holder said he has asked U.S. Attorneys to review cases related to residential mortgage-backed securities (RMBS) and to determine if criminal or civil cases against individuals can be made.

Complex securitized residential mortgage bonds, underwritten by Wall Street firms, were at the heart of the 2008 financial crisis. Although some of the nations biggest banks have been dinged by billion-dollar fines, criminal charges against individuals have been almost nonexistent.

Ive asked the U.S. Attorneys who have made those cases and who are still involved in these RMBS cases, over the next 90 days to look at their cases and to try to develop cases against individuals and to report back, he said.

Holder has previously been criticized for not going after financial institutions. In 2013, Sen. Chuck Grassley, chairman of the Senate Judiciary Committee, has questioned Holder about why the Justice Department had chosen not to prosecute financial institutions during his tenure.

But Holder defended the Justice Departments methods in regard to financial institutions.

But it is to the extent that individuals have not been prosecuted, people should understand it is not for lack of trying, he said, adding that these are cases people bring to the Justice Department.

Holder plans on retiring upon the Senate confirmation of Loretta Lynch, President Barack Obamas choice to succeed him.

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Capitol Report: Attorney General Holder wants his successor to do what he couldnt

Eric Holder seeks to downplay court's immigration ruling

Attorney General Eric Holder speaks at the National Press Club Newsmaker Luncheon February 17, 2015 in Washington, D.C. Mark Wilson, Getty Images

Last Updated Feb 17, 2015 6:15 PM EST

Speaking to reporters Tuesday, Attorney General Eric Holder sought to downplay the effects of a judge's ruling that blocks President Obama's move to remove the threat of deportation for up to five million illegal immigrants through executive action.

"We have to look at this decision for what it is: It is a decision by one federal district court judge," Holder said in response to a question by a reporter. "I have always expected that this is a matter that will ultimately be decided by a higher court - if not the Supreme Court, then a federal court of appeals, and so I think it has to be seen I, that context."

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The Obama administration will appeal a federal judges ruling to temporarily halt the presidents executive actions on immigration. Chief White H...

The White House has indicated that the Justice Department (DOJ) will appeal the ruling, and an agency spokesman later said DOJ officials are reviewing whether to seek a stay that would block the judge's ruling from taking effect immediately.

U.S. District Judge Andrew Hanen ruled that a group of 26 states have the standing to sue the administration over the executive action. One of Mr. Obama's orders would expand the pool of immigrants brought to the U.S. illegally as children who are allowed to apply for both a reprieve from deportation and a work permit.

The other order would protect the parents of U.S. citizens and permanent residents who have been in the U.S. for years. The states argued they would face financial burdens as a result of Mr. Obama's orders, such as processing applications for drivers licenses for some of the immigrants.

The Department of Homeland Security (DHS) was set to begin accepting applications for the expansion of the Deferred Action for Childhood Arrivals (DACA) on Wednesday.

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Eric Holder seeks to downplay court's immigration ruling

Attorney General Eric Holder sees success in fewer drug prosecutions

At the same time, the crimes being prosecuted carried higher minimum sentences on average because less-serious cases aren't being pursued by federal prosecutors, according to Attorney General Eric Holder, citing data from the U.S. Sentencing Commission.

In a speech Thursday at the National Press Club, Holder pointed to the new data as showing the fruits of his Smart on Crime initiative, an effort focused on reducing federal sentences for non-violent drug crimes. Holder plans to leave office in the coming weeks, pending the Senate approval of U.S. Attorney Loretta Lynch.

Holder views the sentencing changes as a civil rights issue, because he and others argue that tough drug sentencing laws have a disproportionate impact on black and other minority defendants. The tough sentencing laws has also led to high incarceration rates and high prison costs, an issue drawing attention from both liberal and conservative political leaders.

"For years prior to this administration, federal prosecutors were not only encouraged -- but required -- to always seek the most severe prison sentence possible for all drug cases, no matter the relative risk they posed to public safety. I have made a break from that philosophy," Holder said. "While old habits are hard to break, these numbers show that a dramatic shift is underway in the mindset of prosecutors handling nonviolent drug offenses. I believe we have taken steps to institutionalize this fairer, more practical approach such that it will endure for years to come."

A similar effort to soften mandatory sentences for non-violent drug crimes has gained bipartisan support in Congress, joining liberals like Sens. Dick Durbin and Patrick Leahy with libertarian-leaning conservatives such as Sens. Mike Lee and Ted Cruz. But those changes face an uphill climb with other law-and-order conservatives who hold leadership posts in the new Republican majority.

Sen. Charles Grassley, chairman of the Senate Judiciary Committee, recently took to the Senate floor to dispute what he says are myths about mandatory minimum sentences. He says the existing laws have been key to encouraging criminals to provide information to help prosecutors target bigger criminals.

"We are not sending huge numbers of nonviolent drug offenders to federal prison under lengthy mandatory minimum sentences.," Grassley said. He criticized the bipartisan Senate proposal to change sentencing laws as possibly reducing sentences for terrorists who used drug trafficking to finance terror.

Holder, in his speech, cites the new data showing that prosecutors are pursuing mandatory minimums in just over 51% of drug cases in fiscal year 2014, down from nearly 64% of such cases in fiscal 2013.

The changes come amid reductions in prison populations and generally low crime rates, Holder said.

"This newly unveiled data shows we can confront over-incarceration at the same time that we continue to promote public safety," Holder says in prepared remarks. "Already, in fiscal Year 2014, we saw the first reduction in the federal prison population in 32 years. Meanwhile, since President Obama took office, we've presided over a continued decline in the overall crime rate. This marks the first time that any Administration has achieved side-by-side reductions in both crime and incarceration in more than forty years."

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Attorney General Eric Holder sees success in fewer drug prosecutions