As Eric Holder leaves office, I want to remind readers of a decision that was a startling breach of legal regularity. It concerned the Attorney General’s core obligation to help the President carry out his constitutional duty “to take care that the laws be faithfully executed.”
The incident arose from a bill that purported to give the District of Columbia voting representation in the House of Representatives.
By practicing racial prejudice regarding the fatal shooting of Michael Brown in Ferguson, Missouri, the Obama administration, Governor Jay Nixon, and the media stoke racial strife among Americans. Apparently they intend to bump the Democratic Party’s share of the black vote up yet another notch.
Reasonable observers cannot but take note when persons who know what they are doing promote judgments about a case before all the facts of that case have been put forward, and do so on the basis of race. That those promoting such strife are Democrats, that black Americans are their immediate audience, and that voter-registration tables have been set up among the demonstrators they help to mobilize, all raise the question: cui bono? Conscience should abhor the purchase of political advantage at the cost of further dividing American society along its starkest fault line.
Richard Epstein has a terrific piece on the various investigations and prosecutions of J.P. Morgan here. “The Department of Justice,” he writes, “ is bringing to heel a bank that came into two major mistakes. First, the bank did business with the federal government. Second, it was regulated by it.” That just about sums it up. The piece is a wonderful expose of the sordid, extortionate practices that have come to characterize “law enforcement” in the financial sector.
You begin to wonder whether there can still be a legal practice called “white collar defense.” Given the hammers the government wields over the targeted entities, there is no viable defense; it’s more like begging for mercy, which is best conducted by people who are good at waving white flags and have personal friends at the various government agencies. This may help to explain the fantastic sums that are now flowing in the direction of federal agencies, Fannie, and Freddie. The targeted companies have to settle at almost any price.