Tuesday, December 30, 2008
President-Elect Obama has expressed his desire to have Eric Holder as his Attorney General. (see here). The initial comments focused on his role in the Marc Rich pardon (see here) and the questions he would likely face in light of his role in this case. And then we saw President Bush suddenly facing issues on one of his pardons. Bush now appears to think that he can rescind that pardon. Whether he can, remains to be seen. But what is important for Holder is that others realized what happens when you leave pardons to the last minute and don't vet them properly through all channels.
And although Holder is still likely to have questions on the pardon he participated in, there are likely to be new issues that will need to be discussed. For one, Edmund Mahony of the Hartford Courant has an article in Clinton-Era Sentence Reductions Could Trip Holder's Confirmation that raises questions about "sentence reductions he recommended in 1999."
Addendum - Doug Berman's Sentencing Law & Policy here