New AG Holder May Have Conflict In Blagojevich Probe

WASHINGTON — If confirmed as attorney general, Eric Holder may have to consider removing himself from overseeing the Chicago corruption probe that ensnared Illinois Gov. Rod Blagojevich, legal experts say.

Holder was a co-chairman of Barack Obama's presidential campaign, joining in 2007 when the long-running investigation focused on a businessman who had been among the biggest fundraisers for Obama and Blagojevich.

The legal ethics issue that Holder may have to deal with, called recusal, could arise if Holder had conversations about the Chicago investigation with Obama or his staff.

"It's reasonable to ask Holder to recuse because he is a prospective witness," said Ron Rotunda, author of a book entitled "Legal Ethics: The Lawyer's Deskbook on Professional Responsibility."

"If I were Holder I would just recuse myself from the whole thing in order to ensure the integrity of the process," added Rotunda, who was a paid consultant in independent counsel Ken Starr's perjury and obstruction investigation of President Bill Clinton and former White House intern Monica Lewinsky.

The United States Attorneys' Manual governs the conduct of federal prosecutors. It requires Justice Department lawyers to withdraw from matters where a conflict of interest exists or where there is an appearance of a conflict of interest or loss of impartiality. The question of removal arises "as a result of a personal interest or professional relationship with parties involved in the matter," the manual states.

On Saturday, an Obama transition aide said that if Holder becomes attorney general, he will follow all department guidelines on recusals.

Senate Republicans have not brought up the issue, but they are warning Obama that he should not expect swift confirmation of Holder. Democrats want a Jan. 8 confirmation hearing. Republican Sens. Arlen Specter of Pennsylvania and Jon Kyl of Arizona are looking at mid-January as an alternative.

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There is one highly publicized blemish on the attorney general-designate's record and Republicans are sure to bring it up: Holder's role in Clinton's pardon of fugitive financier Marc Rich eight years ago.

In regard to the Chicago corruption probe, "I don't see main Justice and Holder getting terribly involved in this case. I see keeping this out in the U.S. attorney's office in Chicago," said Wayne State University law school professor Peter Henning, who teaches classes in legal ethics and white-collar crime.

"That said, having Holder recuse himself and not having any of the people involved with Obama involved in this case would be the wisest course," Henning added.

The Chicago investigation run by U.S. Attorney Patrick Fitzgerald has played out in two parts. The second unfolded in the past week with the sensational charge that Blagojevich had tried to sell Obama's U.S. Senate seat.

Act One was the years-long investigation, trial and conviction of Chicago businessman and prolific political fund-raiser Antoin Rezko. By the time Holder joined Obama's campaign, the candidate had already dealt with one bit of controversy involving Rezko.

Rezko's wife sold a strip of a vacant lot to the Obamas for $104,500. The strip was next to Obama's newly acquired home. Later, Obama called his purchase of the land boneheaded and a mistake on his part, saying that people might think he had gotten a favor from Rezko.

The American Conservative Union jumped on the transaction, filing a complaint with the Senate ethics committee alleging that the purchase of the adjoining lot was an improper gift to Obama from Rezko and his wife.

Three months ago, it became clear that Rezko, facing a lengthy prison term, had begun cooperating with the investigation in Chicago _ and that cooperation is continuing.

Rezko offered Obama a job when he finished law school, but Obama did not take him up on the offer. Later, it was Rezko's prowess as a fundraising powerhouse that made him such a valuable asset to Blagojevich and Obama.

Another issue that Holder may have a role in unless he removes himself from the Chicago probe is the future of Fitzgerald, the U.S. attorney.

Ordinarily, an incoming administration of the opposite political party replaces U.S. attorneys in offices around the country. The politically sensitive nature of the Chicago investigation has led Obama, U.S. Sen. Dick Durbin, D-Ill., and Senate Judiciary Committee Republican Charles Grassley of Iowa to weigh in on the side of retaining Fitzgerald.

If there were ever a time for continuity and nonpartisanship, it is now, Grassley said Thursday after meeting with Holder.

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On the Web:

U.S. Attorneys Manual: http://tinyurl.com/5hudvf

Comments

[IsidoroRDL]

As to the confirmation hearing on Eric Holder is Michael Isikoff's cover story in Newsweek, "The Fed Who Blew the Whistle," and the general issue of pardons, amnesties and similar measures for violation of Congressional mandates. The evidence confirms that Eric Holder’s past policies were the base on which former White House Counsel, and then Attorney General Gonzales used to direct DOJ, i.e. the pardon of Marc Rich and other actions to usurp accountability was not an anomaly, but a pattern and practice.

I have experience of litigating against the polices of Eric Holder at DOJ during the ‘90, and later when he was a typical Beltway attorney/lobbyist. Thus I oppose his confirmation, see http://capwiz.com/congressorg/sbx/f/?aid=12313551&r=1.

In summary, the Senate cannot confirm him because evidence confirm that as a Beltway attorney/lobbyist he has been the linchpin in a criminal conspiracy to obstruct the rights of a father and retaliate against an attorney for litigating to enforce federal statutory rights in violation of 18 U.S.C. §§ 241, 242, 1202, and 1513.

Thus, as a US. citizen and Nam Vet who took the oath 44 years ago to defend and protect the Constitution from, "all enemies, foreign and domestic," irrespective of being a Republican, Democrat, or Independent each Senator must act now to restore the Rule of Law and assure compliance by DOJ with the mandate of separation of power and checks and balances. Isidoro Rodriguez, Esq., [e-mail]

[dvdpt]

H a r r i s c r l 3 :
WHAT PLANET ARE YOU ON

[dvdpt]

Rove, Chenney, Bush, and his crime family,
Eric Holder as Attorney General will indicte them for war crimes and lets not forget three box they are all triators Bush can duct from those shoes but he can't the consitution! .

Now ask yourself who is the TEROROIST and who is a PA'TRIOT !

[BSERIUS]

Looks like Obamavich has more and more questionable players involved.

[BarackstarObama]

No, you're just trying to make something out of nothing.

[ranchero42]

It's no wonder Karl Rove opposes this choice for AG. "This One" shows signs of willingness to follow the guidelines set by law, and even some outlines in ethics.

[harriscrl3]

WHo the heck cares what Rethugs think they have no Leg to stand on when it comes to ethics and conflict of interest. They need to sit themselves down and shut the heck up if you ask me after 8 years of their catastrophe.

Huffpost needs to learn that not ever nonsense spouted by the AP should be considered important enough to bring here. In fact 95% of what they post is NONSENSE.

Carol

[MESGAIN26]

screw the republicans they lost all cerdabilty on who is corrupt and who isn't

[IsidoroRDL]

Letter to U.S. Senate to oppose the confirmation of Eric Holder as Attorney General because he is a defendant in a pending action under 18 U.S.C. § 3771 and RICO, based on the following evidence in the record that establishes that as a Beltway attorney/lobbyist he is the linchpin in a criminal conspiracy since 2003:

First, for five years after my Son was shanghaied to the Republic of Colombia in violation of 18 U.S.C. § 1204, he did obstruct my Federal and Virginia statutory rights as a Father to compel DOJ to secure my right to international visitations with my U.S. citizen Son, pursuant to the provisions of the Hague Convention on Missing and Abducted Children (“Treaty”), and Uniform Child Custody Jurisdiction and Enforcement Act VA Code § 20-124.1 et seq. (“UCCJEA”); and,

Second, in retaliation for my litigating to enforce my rights under Treaty and UCCJEA and petitioning Congress (See http://www.liamsdad.org/others/isidoro.shtml), in violation of 18 U.S.C. §§ 241, 242, and 1513, he conspired to punish, stigmatize, and deprive me of my right to employment as an attorney.

Thus, irrespective of being a Republican, Democrat, or Independent the Senate must immediately act to restore the Rule of Law in the U.S. Department of Justice (See Adam Cohen, “Democratic Pressure on Obama to Restore the Rule of Law,” The New York Times, November 14, 2008).

[mediamarv]

Then again he "may" not.

Same story, different headline. Equal value.
AP is desperate to remain relevant. And losing I'd say, with stupid, false sensationalistic stories like this.
Why does HuffPo even carry them???

[vernbvb]

Huh?? I have a headache. This story makes no sense. The AP really needs to stop carryting water for the rethugs.... It's embarressing. I think Karl Rove and Bill O"Reilly wrote this report.