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Dan Kovalik

Dan Kovalik

Posted: November 6, 2008 05:12 PM

Lawyer for Chiquita in Colombia Death Squad Case May be Next U.S. Attorney General


News Update, 11-18-08:

Obama Taps Eric Holder as Attorney General

Read More at HuffPost's Big News Page on Obama's Cabinet

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


Read Dan Kovalik's original post from 11/6/08, below:

In its recent report entitled, "Breaking the Grip? Obstacles to Justice for Paramilitary Mafias in Colombia," Human Rights Watch (HRW) had specific recommendations for the U.S. Department of Justice. Specifically, HRW recommended that, in order to assist with the process of ending the ties between the Colombian government and paramilitary death squads, the U.S. Department of Justice should, among other things, "[c]reate meaningful legal incentives for paramilitary leaders [a number of whom have already been extradited to the U.S.] to fully disclose information about atrocities and name all Colombian or foreign officials, business or individuals who may have facilitated their criminal activities," and "[c]ollaborate actively with the efforts of Colombian justice officials who are investigating paramilitary networks in Colombia by sharing relevant information possible and granting them access to paramilitary leaders in U.S. custody."

Do not expect these recommendations to be carried forward if Eric Holder decides to forgo his lucrative corporate law practice at Covington & Burling and accept the U.S. Attorney General position for which many believe he is the top contendor. Eric Holder would have a troubling conflict of interest in carrying out this work in light of his current work as defense lawyer for Chiquita Brands international in a case in which Colombian plaintiffs seek damages for the murders carried out by the AUC paramilitaries - a designated terrorist organization. Chiquita has already admitted in a criminal case that it paid the AUC around $1.7 million in a 7-year period and that it further provided the AUC with a cache of machine guns as well.

Indeed, Holder himself, using his influence as former deputy attorney general under the Clinton Administration, helped to negotiate Chiquita's sweeheart deal with the Justice Department in the criminal case against Chiquita. Under this deal, no Chiquita official received any jail time. Indeed, the identity of the key officials involved in the assistance to the paramilitaries were kept under seal and confidential. In the end, Chiquita was fined a mere $25 million which it has been allowed to pay over a 5-year period. This is incredible given the havoc wreaked by Chiquita's aid to these Colombian death squards.

According to Mario Iguaran, the Attorney General of Colombia, Chiquita's payments to the AUC paramilitaries led to the murder of 4000 civilians in the banana region of Colombia and furthered the growth of the paramilitaries throughout Colombia and their violent takeover of numerous Colombian regions. Iguaran, in response to the claims of both Chiquita and Eric Holder himself that Chiquita was somehow forced to pay "protection" to the paramilitaries (see, Washington Post and Conde Nast Portfolio), stated unequivocally that "[t]his was not payment of extortion money. It was support for an illegal armed group whose methods included murder." See, Christian Science Monitor, "Chiquita Case Puts Big Firms on Notice."

One former paramilitary leader who is in federal custody in the U.S., Salvatore Mancuso, has stated that he has more knowledge about Chiquita's relationship with the paramilitary death squads in Colombia. Mancuso further claims that Dole and Del Monte also made payments to the paramilitaries, just as Chiquita did. Yet, Dole and Del Monte remain un-indicted. Query whether, as Human Rights Watch recommends, a Justice Department under Holder would be interested in pursuing this and other similar leads. This is a serious matter given the fact that the Justice Department has already come under great scrutiny for turning a blind eye to what appears to be rampant corporate support for terrorist groups in Colombia. See, L.A. Times, "U.S. accused of bending rules on Colombian Terror."

While Eric Holder is also known to be actively involved in laudable charitable activities, it should be of grave concern to those, like myself, who hope for change from the new Obama Administration, that the new Attorney General would be involved in not only defending corporations against serious corruption and human rights charges, but also publicly apologizing for such abuses. That is not the type of Attorney General we need in the wake of the recent economic collapse created by the unfettered greed of such corporate firms.


News Update, 11-18-08: Obama Taps Eric Holder as Attorney General


News Update, 11-18-08: Obama Taps Eric Holder as Attorney General Read More at HuffPost's Big News Page on Obama's Cabinet ---------------------------------------------------------- Read Da...
News Update, 11-18-08: Obama Taps Eric Holder as Attorney General Read More at HuffPost's Big News Page on Obama's Cabinet ---------------------------------------------------------- Read Da...
 
 
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10:55 PM on 11/18/2008
This is extremely troubling. i thought this was in something that was years ago. thank you for this article, and your comment, mr. kovalik. i, too, am trying to keep an open mind.
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Stephen
01:15 PM on 11/08/2008
Lawyers do not always hold the values of their clients. Would anybody represent a murderer if they did? And yet murderers are guaranteed the right of counsel by the Constitution. A brilliant legal mind should be able to argue the merits of cases on both sides-pro and con, and marshal the arguments and strategies to win for the paying client. Unless Holder has history of multiple corporate sellouts and a defined bias he should not be excluded. Bob Bennett, Conservative pundit Bill's brother, is a top Washington attorney who has defended people on both sides of the aisle. Lawyers have a profession and no more than doctors should choose who they treat, they should put their expertise to use on behalf of their client. If Holder assumes the role of Attorney General, the United States becomes his client. What the Bushies failed to do was distinguish the difference between the United States and the "Unitary" President. John Ashcroft, though a zealous conservative "got it" and resisted and left. Gonzales sold out in a NY minute. Mukasey "gets it" but is in a caretaker mode and is doing his not exemplary best.
11:18 AM on 11/08/2008
Holder’s role is not in dispute. Without him this travesty [pardon]would likely not have occurred, as described here:

Mr. Holder, the [Congressional] report says, played a major role, steering Mr. Rich’s lawyers toward Jack Quinn, a former White House counsel. Mr. Rich hired Mr. Quinn, whose Washington contacts and ability to lobby the president made the difference, according to the report. It says that Mr. Holder’s support for the pardon and his failure to alert prosecutors of a pending pardon were just as crucial. …

The panel criticized Mr. Holder’s conduct as unconscionable and cited several problems. It cited his admission last year that he had hoped Mr. Quinn would support his becoming attorney general in a Gore administration.

So to be clear, Holder helped steer the attorney for Rich, a fugitive whose pardon request would likely have been rejected through normal channels due to his status as a fugitive, to the man Holder wanted assistance with in getting his next job. Now there’s a man who knows something about conflicts of interest.------------------------------------------------------------------------Jennifer Rubin
10:01 PM on 11/07/2008
I don't know much about Holder. Other names have been mentioned that don't have baggage. We'll have to wait and see.
08:17 AM on 11/08/2008
Eric Holder is a fine man. We would be lucky to have him. You do not know what you are talking about. This seems to be a good place for know it alls to just spout off anonymously and who knows if they have any knowledge at all about the issue. Go get a life of your own..
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XME
Life is hard. After all, it kills you.
04:30 PM on 11/07/2008
I love how everyone is assuming they know who's on Obama's list and who isn't, and inserting their opinions...or should I say giving their approval or dissapproval...when he hasn't even named people. Get a grip people.
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FearlessFreep
A radical leftist with a JS Woodsworth avatar.
06:29 PM on 11/07/2008
Wait till he appoints Holder, THEN complain? That's a brilliant strategy--not.
01:48 PM on 11/07/2008
Give Obama a chance. Lawyers are hired to represent and defend, it does not mean that they agree with their clients. I greatly doubt that Obama agrees with the mess that American corporations have made of South and Central American countries. These corporations have assisted, with the help of corrupt leaders, in ruining these countries and think that they should be run in way to keep their corporations profitable at the expense of the countries citizens.

Give him a break, he has been only been president-elect 72 hours. McCain would have been far worse. He actually agrees with these countries right-wing dictators and has no problem with the fact that these corporations enslave these countries peoples and anytime the people rise up, would have no problem in supporting the dictators continued policies of enslavement.
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radmul
01:08 PM on 11/07/2008
So now we see that change means recycled Clinton appointees and different corporate criminals.
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XME
Life is hard. After all, it kills you.
04:32 PM on 11/07/2008
Why, because a blogger wrote an article based on speculation? This article has nothing to do with who Obama may or not pick or even who he's really considering. People are just making all knids of guesses that mean nothing until he actually states who he's picked.
11:45 AM on 11/08/2008
I HIGHLY recommend this link for some background:CTRL] (1) Keating / Singlaub / Bush-CIA-Saddam / BCCI-For example, General John Singlaub and the CIA's Latin American military campaigns, Carl Lindner's purchase of UNITED BRANDS and the U.S. Honduran aid ...
www.mail-archive.com/ctrl@listserv.aol.com/msg20417.html - 20k - Cached - Similar pages
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Wozzeck
Pearl Bay, Australia
12:50 PM on 11/07/2008
Jonathan Turley might be a good choice. He has a great grasp of constitutional law and has represented whistleblowers and victims of Islamophobia.
http://jonathanturley.org/about/
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HUFFPOST SUPER USER
Bitsko
He of the smoldering eyes
12:27 PM on 11/07/2008
Thanks for the very important information, Mr. Kovalik.
11:32 AM on 11/07/2008
Sorry but I disagree, and would advise some of the other posters to take a step back. While lawyers in certain areas of the law, say labor and employment, human rights and civil rights, are often practicing based upon their personal ideology, that is not at all the case from a corporate law perspective. If you are going to judge corporate lawyers by the positions of their clients, we are all in trouble. This is not to say that I think your position on Columbia is wrong, because I don't, but I think your 'disqualification' of Mr. Holder because of the position of one, out of hundreds, if not thousands of clients is short sighted at best. Additionally, Mr Holder works at a law firm, a huge one, and he should not, as one partner of hundreds, be held responsible for the clients of the rest. You find me a law firm where every partner does a conflicts check that includes the political ideology of every partner or associate, and you'll likely find only small boutiques with very limited practices, not a bigLaw firm like Covington and Burling. Narrow vision doesn't serve anyone well, regardles of what side your on.
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Dan Kovalik
12:00 PM on 11/07/2008
One of the choices Barack Obama rightly pointed to in running for President was his choice to forgo the big money of the corporate law world to do community organizing in Chicago. Mr. Holder, on the other hand, made the contrary decision. After holding a lofty position as deputy Attorney General under Clinton -- a position which would have opened many doors to him both in academia and other legal practices (such as human and civil rights) -- he decided to take a job which offered him millions of dollars in return for his serving corporations like Chiquita which engaged in conduct resulting in the deaths of thousands of people. Maybe its true, as you say, that he did not share Chiquita's murderous intent. Rather, he might have simply represented Chiquita, helping negotiate a sweetheart deal for its crimes, simply because he wanted the money. I don't see that as a morally laudable decision. I think that the real "narrow vision" is believing that the only ranks from which to draw our goverment leadership is from the corporate world. This is not our only choice. There are plenty of lawyers who gave up good money to defend human and labor rights instead of defending human rights violators as Mr. Holder chose to do. It is the former who I would submit are more compatible with Obama's campaign for change and with his own personal biography.
12:30 PM on 11/07/2008
"Maybe" holder didn't share "Chiquita's murderous intent?" Maybe? Nice smear.

Representing a client and condoning the client's conduct are entirely different things. Your point that corporate lawyers are not the only source from which to draw is a good one, but making that point hardly requires you to tar corporate lawyers with the acts of their clients.
01:45 PM on 11/07/2008
Ahh... I see, so the only lawyers who are good people are the ones who practice public interest law. Are you kidding me? Are you realing taking this position? I really hope you aren't attempting to project your bias onto me. I never said the only ranks of the corporate world are the only place to look for leadership etc... What I stated was that being a corporate attorney, and having represented awful clients in that capacity does not in and of itself exclude an extremely talented attorney from consideration for the Attorney General, and it smacks of narrow mindedness to think that it does. Does this one client diminish the body of his expereince, including the terrific job he did in the Civil Rights section at Justice? Of course not. My point is, take a look at a persons WHOLE portfolio of work, not a single client, when evaluating them for a position, which thankfully, I am confident he President-elect will do in a thoughtful, respectful and thorough manner.
12:16 PM on 11/07/2008
You make some significant points deserving of great reflection:

"You find me a law firm where every partner does a conflicts check that includes the political ideology of every partner or associate, and you'll likely find only small boutiques with very limited practices, not a big Law firm like Covington and Burling. Narrow vision doesn't serve anyone well, regardless of what side your on.."

Your reflections, juxtaposed against the recommendations written about in this article, capture the space that lays between the rock and the hard place...

"HRW recommended that, in order to assist with the process of ending the ties between the Colombian government and paramilitary death squads, the U.S. Department of Justice should, among other things, "[c]reate meaningful legal incentives for paramilitary leaders [a number of whom have already been extradited to the U.S.] to fully disclose information about atrocities and name all Colombian or foreign officials, business or individuals who may have facilitated their criminal activities," and "[c]ollaborate actively with the efforts of Colombian justice officials who are investigating paramilitary networks in Colombia by sharing relevant information possible and granting them access to paramilitary leaders in U.S. custody."

And...this does not even take into account, other layers of this corruption,.. criminal acts/organized crime taking place that creates overlays between the atrocities from Colombia that do end up connecting to U.S. soil - human trafficking, drug trafficking, human rights violations.
11:22 AM on 11/07/2008
Hey Dan, do you think someone could remind Obama about Patrick Fitzgerald, US Attorney for Northern Illinois? He greatly distinguished himself in the Valerie Plame investigation and has a reputation for being a no-nonsense, non-partisan civil servant.
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larmarch5
11:00 AM on 11/07/2008
I'd like to add Larry Sommers to the "no fly list" of O's appointments.
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HUFFPOST SUPER USER
Bitsko
He of the smoldering eyes
12:28 PM on 11/07/2008
Summers. You may be thinking of Elke Sommers.
10:24 AM on 11/07/2008
Carl Lindner, an Ohio billionaire with CIA and underworld connections who owned Chiquita Bananas, was Charles Keating's original partner, banker, and mentor. Lindner got Keating wrapped up with schemes involving the usual cast of BCCI characters, shady Saudi bankers, the Bush family, and Iran-Contra money laundering. Keating was always a sort of pass-through guy, without any real money of his own. But, a lot of money flowed through Keating to McCain and his wife, Cindy, in an Arizona real estate scam. Lindner was recently convicted of financing Right-wing death squads in Colombia. Now, that's a story that the American people need to hear.




leveymg's Journal - THE CRIMES AND COVERUPS OF JOHN McCAIN, “REFORMER” Jun 3, 2008 ... Like the Bush Family, McCain had his Hand in the BCCI and S&L Scandals McCain claims that his involvement in the Keating S&L scandal wasn’t ...
http://journals.democraticunderground.com/... - 48k

McCain Backer's Firm Pleaded Guilty To Funding Terrorist Group In Colombia ...Jul 2, 2008 ... Late last week, Lindner co-hosted a $25000-per-person fundraiser for McCain and the Republican Party in the wealthy Indian Hills ...
http://www.huffingtonpost.com/2008/07/02/m... - 146k -
10:21 AM on 11/07/2008
Carl Lindner,owner of Chiquita Bananas was a partner to Charles Keating of Keating Five infamy. Lindner,of Ohio, recently this summer, held an expensive fundraiser for John McCain. In fact Huff Po did a story on this.
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HUFFPOST SUPER USER
Perla
10:06 AM on 11/07/2008
Thanks, Dan, for a great post. It is important to make Mr. Holder's activities in Colombia known, sooner rather than later, in order to help President-elect Obama avert an early mistake. I have great hopes that Obama can become a long-overdue U.S. friend to the human rights community in Colombia; as you point out, appointing Holder to AG would likely forestall such a friendship.
schatsie
Wall Street is Worse than Vegas
10:55 AM on 11/07/2008
Wow, this was such a great post and the comments are so educational.. Thank you all and huffington post for this!!!!