Prosecution among Friends: Presidents, Attorneys General, and Executive Branch Wrongdoing

By David Alistair Yalof | Go to book overview

Notes

Preface

1.487 US 654 (1988).

2. 487 US at 729 (Scalia, J., dissenting).

3. 487 US at 728–29.

4. See Nancy Baker, Conflicting Loyalties: Law & Politics in the Attorney General’s Office, 1789–1990 (Lawrence: University Press of Kansas, 1992); and Cornell Clayton, The Politics of Justice: The Attorney General and the Making of Legal Policy (Armonk, N.Y.: Sharpe, 1992).


Chapter 1: “Where There Is Smoke”

1. While living in Switzerland in 1983, Rich was indicted by the US government on charges of illegally trading with Iran as well as tax evasion. Rich never returned to the United States and remained on international most-wanted lists until President Clinton formally pardoned him on January 20,2001. The controversy surrounding Rich’s pardon stemmed in part from the fact that his former wife had made large donations to the Democratic Party and to the Clinton library while President Clinton was still in office.

2. See, for example, Carrie Johnson, “Waterboarding Is Torture, Holder Tells Senators,” Washington Post, January 16, 2009.

3. “Holder: W. H. should act ‘within dictates of wiretap law,’” CNN Online, January 15, 2009, http://politicalticker.blogs.cnn.com/2009/01/15/holder-presidents-should-act-within-the-dictates-of-surveillance-law/.

4. Josh Meyer, “Eric Holder: Waterboarding Is Torture: Attorney General Nominee Vows Review of Bush Administration Practices,” Chicago Tribune, January 16, 2009; and “Holder Says He Learned from Marc Rich Pardon,” Associated Press, January 15, 2009.

5. Nomination of Eric H. Holder, Jr., Nominee to Be Attorney General of the United States: Hearing Before the Senate Committee on the Judiciary, 111th Cong., 1st sess. (Jan. 15–16, 2000), 101–102.

6. See 28 C.ER. Part 600 et seq. Under 28 U.S.C 510, the attorney general has the power to make such provisions as he considers appropriate authorizing any other officer, employee, or agency of the Department of Justice of to perform any function of the attorney general.

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