CBS/AP/ February 11, 2009, 1:39 PM

Senate Confirms Holder As Attorney General

The Senate has voted 75-21 to confirm Eric Holder as the first African-American attorney general.

Holder also is the only African-American currently in President Barack Obama's Cabinet. He had strong bipartisan support in Monday's vote.

The chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, called the vote historic. He noted that Holder's confirmation hearing was held while American was celebrating the 80th birthday Martin Luther King Jr.

Leahy said the confirmation would take the nation up the path that King wanted, where people are judged by the content of their character.

A small group of Republicans said they opposed Holder. They argued he was hostile to gun control and not fully supportive of the war on terrorism.

The debate over Holder's confirmation quickly turned partisan when his chief supporter denounced Republicans who sought a pledge not to prosecute intelligence agents who participated in harsh interrogations.

Leahy singled out Texas Republican John Cornyn as one who wanted to "turn a blind eye to possible lawbreaking before investigating whether it occurred."

Cornyn was one of the two no votes when Holder was approved for a full Senate vote 17-2 by the Judiciary Committee last week.

A small group of Republicans sought such a pledge from Holder, but he declined to give one. Leahy has been infuriated for several weeks by such demands.

"No one should be seeking to trade a vote for such a pledge," Leahy said.

Despite the partisan beginning, the ranking Republican on the Judiciary Committee, Arlen Specter of Pennsylvania, said Holder made mistakes but was well-qualified for the job and should be confirmed.

Holder's confirmation will trigger reviews - and changes - to the most controversial Bush administration policies, from interrogation tactics to terrorism trials and warrantless surveillance.

Those are some of the known issues. Even Holder doesn't know what he'll find when he looks at secret memos in the Justice Department Office of Legal Counsel.

As the nation's first African-American attorney general, Holder also will have to rehabilitate a department that under President George W. Bush was criticized for injecting politics in hiring career officials and firings of U.S. attorneys.

He'll have to decide whether to prosecute Justice Department officials who may have violated the law in some of these policies and tactics.

Holder also could reverse Bush's orders to former aides not to testify before Congress on their private advise discussions on the U.S. attorney firings.

To the satisfaction of Democrats and consternation of some Republicans, Holder told his confirmation hearing, "Waterboarding is torture." The statement about an interrogation technique that simulates drowning was an important signal of a policy change from Bush's view that the tactic was legal and not torture.

Obama issued an executive order to close the U.S. detention center at Guantanamo Bay, Cuba, within a year.

He also created a special task force, co-chaired by the attorney general and the secretary of defense, to review detainee policy going forward.

The group will consider policy options for apprehension, detention, trial, transfer or release of detainees and report to the president within 180 days.

One of Holder's most intriguing missions will be to review the Office of Legal Counsel, whose lawyers justified the use of controversial interrogation tactics and viewed themselves as attorneys for the White House.

The Justice Department's inspector general, in a report on the removal of nine U.S. attorneys, said the legal counsel's office - in effect - thumbed its nose at department internal investigators and refused to provide a crucial document. The office stated the White House counsel's office directed it not to provide the information.

Holder also said he would review why career prosecutors in Washington decided not to prosecute the former head of the department's Civil Rights Division.

An inspector general's report last month found that Bradley Schlozman, the former head of the division, misled lawmakers about whether he politicized hiring decisions.

The three former top aides to Bush - Karl Rove, Harriet Miers and Josh Bolten - have declined to testify about the U.S. attorney firings on orders from Bush while he still was in office. Rove and Miers at the time were former aides, raising the question of whether White House aides no longer in government could be compelled to testify.

If Obama reverses Bush's policy, it would create a new legal issue: whether a former president's order against testifying would still be valid.

Holder also will likely review civil liberties issues including warrantless surveillance.

After a lengthy and heated debate that pitted privacy and civil liberties concerns against the desire to prevent terrorist attacks, Congress last year eased the rules under which the government could wiretap American phone and computer lines to listen for terrorists and spies.

Holder said he would reexamine a ruling by former Attorney General Michael Mukasey that immigrants facing deportation do not have a right to government-provided lawyers.

Holder said he understands the desire to expedite immigration court proceedings, but the Constitution also requires that proceedings be fair.
© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
56 Comments Add a Comment
linkicon reporticon emailicon
babooph says:
After Ashcroft & Gonzales,Charles Manson would have been an improvement.
reply
linkicon reporticon emailicon
endurorob says:
A serious move in the right (correct) direction! I applaud the President.

Posted by rickstas at 12:51 AM : Feb 03, 2009

It is amazing how much our nation has changed for the better in just a few short weeks.


Posted by irmcvet971 at 07:08 AM : Feb 03, 2009

Isn''t it wonderful a person who would recommend the pardoning of terrorists can become the nations top law enforcement official.
reply
linkicon reporticon emailicon
irmcvet971 says:
A serious move in the right (correct) direction! I applaud the President.

Posted by rickstas at 12:51 AM : Feb 03, 2009

It is amazing how much our nation has changed for the better in just a few short weeks.
reply
linkicon reporticon emailicon
bluenomas says:
I hope that Holder will give back justice to ALL!
My 19 y/o son, Joshua, died suspiciously in Amsler Park/McGregor, TX on Feb. 16, 2006. No police investigation.----------------------------------------
Posted by curious51 at 02:10 AM : Feb 03, 2009

curious - I work in the Centex-N Tex area. I remember the story. In the great "Bushland". I am sorry for your loss. We can only hope for the adminsitration of justice in our state and nation, can Holder bring that to us? Remains to be seen, but you and others in these questionable circumstances as well as your fellow citizens must continue your fight to unveil tha truth and expose corrupt law enforcement in that pursuit. Those who are paid to protect us must answer your call.
reply
linkicon reporticon emailicon
bluenomas says:
A Future of the Brave

-------------------------

Posted by Entropod at 01:23 AM : Feb 03, 2009

Indeed, amidst chaos. *** for Tat.
reply
linkicon reporticon emailicon
curious51 says:
I can only hope that Mr. Holder will now give back justice to the poor!
My 19 y/o son, Joshua, was found dead in Amsler Park/McGregor, TX on Feb. 16, 2006. McGregor PD did not investigate.
www.realcrimes.com (Joshua Robinson)
www.americaiswatching.org (Joshua Robinson) Attached documents, including a crime scene photo and statement that a McGregor patrol officer saw Josh in the park @ 1AM. He died shortly thereafter.
reply
linkicon reporticon emailicon
entropod says:
"I writhed in anguish for years. Always knowing pain was coming, but never knowing what I should attempt to say next, or how I should appear so that my American torturers would believe me.

The problem was that I was innocent."
SearingTruth

A Future of the Brave
reply
linkicon reporticon emailicon
bluenomas says:
Description of those who brought this country to its knees.

The latter part of the comment applies to those who used hate speech on this board and have no respect for Americans in general.
Since Rush told people to bend over and grab their ankles because of the ethnic orgin of someone else, I guess he must fall in line since his party just followed suit---------------------------------
Posted by jjimia19 at 12:57 AM : Feb 03, 2009

don''t worry jim there are many haters and then those who peek in to see if there is anyone out there that is still alive and willing to participate in the better good of our country. Hard to find but we''re here. Since they can''t participate in an intelligent conversation with anyone, they spit and spew on these boards.
reply
linkicon reporticon emailicon
jjimia19 says:
Description of those who brought this country to its knees.

The latter part of the comment applies to those who used hate speech on this board and have no respect for Americans in general.

Glad to see there are those on this board with much respect and can verbalize their thoughts in a respectful manner.
reply
linkicon reporticon emailicon
jjimia19 says:
Description of those who brought this country to its knees.

The latter part of the comment applies to those who used hate speech on this board and have no respect for Americans in general.

Since Rush told people to bend over and grab their ankles because of the ethnic orgin of someone else, I guess he must fall in line since his party just followed suit
reply
See all 56 Comments
Scroll Left Scroll Right