by John Fund
33. McCarthy, “The Rule of Law.”
Index
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ABA Journal, 18
ABB Ltd., 190–91, 192
ABC, 172
abortion, 63, 80–82
Abramson, Jill, 8
Abu-Jamal, Mumia, 64
Adams, J. Christian, 62, 100–101, 116, 117, 208
Adams, John, 158–59
Adams, Roger, 155
Adegbile, Debo, 62–63
Administrative Procedure Act, 35, 213
advocacy groups
Civil Rights Division compared to, 72
Civil Rights Division lawyers from, 74
collusive settlement agreements, 78–79, 111, 210–14
DOJ funding, 33–35
lawsuits brought by, 36
affirmative action, 13–14
Afghanistan, 184
Africa Sting case, 186–90
Aguilar, Angela Maria Gomez, 193, 196–97
Aguilar, Enrique, 196
AIG Federal Savings Bank, 79
Al Qaeda
AP story on foiled plot on bin Laden death anniversary, 171–72
bin Laden death, 178–80
legal representation by Human Rights Watch attorneys, 156–57
trials related to September 11 attacks, 181
Alt, Larry, 137
American Constitution Society, 153, 160
American Indians, USDA discrimination case, 108–9, 111
American Lawyer, 9
American Nurses Association v. Jackson, 38–39
American with Disabilities Act, 87–89
Androphy, Joel, 192
anti-discrimination law, enforcement of. See Civil Rights Division
appointments, presidential
Bush (G. W.), 75–76, 209–10
Clinton, 202, 209–10
Obama, 47–49, 146–47
Arizona v. U.S., 55
Arkansas
Conway Human Development Center case, 83
Pigford scandal, 104, 106
Arkansas Fish & Game Commission v. U.S, 54
Ashcroft, John, 5, 46
Ashton, Robin, 203, 206–7
Associated Press (AP), 115, 169–72, 177
Astorga, Luis Lucio Rosales, 148
ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), 124, 130–31, 135–36, 148–49. See also Fast and Furious scandal
Attkisson, Sharyl, 116, 131, 142
Attorney General of the United States
conflict of interest, 216
establishment of office, 20
office location, 20–21
power of, 19
attorneys’ fees, 29, 32, 34, 35, 37, 82, 83, 213
Avila, Jaime, 140–41
banks, 78–79
Barron, David, 44, 46
Barry, Marion, 14
Basurto, Fernando, 191, 193
Bernstein, Barbara “Bobbi,” 70, 71
Bhargava, Anurima, 77–78
Biden, Joe, 178
bin Laden, Osama, 178–80
Bissonnette, Matt, 178
Bistrong, Richard, 186–90
Black Farmers and Agriculturists Association (BFAA), 107
Blackwater Worldwide, 164–66
Blumenthal, Richard, 7–8
Boehner, John, 65
Bollinger, Lee, 13
Bongo, Ali, 186
Booker, Greg, 114
Bosserman, Barbara Kay, 5
Boyle, Matt, 115
Breitbart, Andrew, 110
Brennan, John, 172
Breuer, Lanny, 143, 184–85, 187, 189, 190, 193
bribery, 184–85. See also Foreign Corrupt Practices Act (FCPA) prosecutions
Brown, Scott, 144
Brown; U.S. v., 94, 98, 99
bullying behavior, in Civil Rights Division, 94–98
Bureau of Prisons, 20
Burke, Dennis, 122
Burton, Dan, 18
Bush (George W.) administration
appointments, 75–76, 209–10
ATF Project Gunrunner initiative, 130–31
Civil Rights Division, 72, 84, 102
enhanced interrogation techniques, 44, 160–61
MACT rule, 38
“sue and settle” lawsuits, 36
Voting Rights Act enforcement, 62–63
war on terrorism, 153, 160
warrantless surveillance, 46, 49
Bybee, Jay, 203–6
Calderón, Felipe, 132, 135
Canino, Carlos, 143
Card, Andrew, 46
Carpenter, Abraham, Jr., 106
Carter, Jimmy, 171
Cartwright, James, 168
Casa, Lee, 137
Casa de Maryland, 90
Casey, Bob, 64
CBS, 116, 131, 142
censorship, by government, 56–58
Central Intelligence Agency (CIA)
Afghanistan payments, 184
interrogation techniques, 160–64
Plame leak, 5
Yemen plot leak, 115, 169–72
Central Intelligence Agency Act (1949), 162
C. F. Martin & Company, 27
Chaffetz, Jason, 143
Chamber of Commerce, U.S., 37–38
Chiquita Brands International, 18
churches, 50–51, 82
CIA. See Central Intelligence Agency (CIA)
Citizens United v. Federal Election Commission, 56–58
Civiletti, Benjamin, 64–65
Civil Rights Act (1957), 72
Civil Rights Division, 69–102
budget, 69
bullying of conservative employees, 94–98
creation of, 72
disability cases, 87–89
dysfunction of, 73–74
election integrity cases, 89–94
expansion of authority, 69
Freedom of Access to Clinic Entrances Act cases, 80–82
hiring practices, 74–78, 102
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC arguments, 51, 82
ideological bias, 29, 62–64, 72
meritless cases, 83–84
New Black Panther Party case, 73, 91, 93, 98, 99, 100, 117, 119, 206, 208
New Orleans police prosecution, 69–71
political appointees, 202
race-neutral enforcement hostility, 93–102
racial quotas, 89
role of, 72–73
sexual harassment cases, 84–87
St. Paul, Minn. case, 79–80
Civil Rights of Institutionalized Persons Act, 83
Claims Resolution Act (2010), 108
Clarke, Richard, 172
Clean Air Act, 35, 38
Clean Water Act, 52
Clemente, Michael, 177
Clinton, Hillary
Democratic primary race (2008), 107
Holder’s political support, 9
Mexico City visit as secretary of state, 132–34
Senate race (2000), 17, 155
Stuxnet virus leak, 168
Clinton administration
appointments, 202, 210
Civil Rights Division hiring, 75–76
Civil Rights Division lawsuits, 83–84
Defense of Marriage Act, 65
pardons, 17–18, 46, 118–19, 126, 153–56
Pigford settlement, 104
voluntary settlement agreements, 212
CNN, 147–48
Coates, Christopher, 22, 98–99, 101–2, 116–17
Cole, James, 70, 120–21, 170–71
colleges and universities, 84–88
Collins, Doug, 115
Collins, Susan, 152
Columbia University, 10–11, 13
Comisión Federal de Electricidad, 191, 193
conflicts of interest
Attorney General, 216
DOJ
policy, 5
lawyers hired by DOJ after pro bono work for terrorists, 156–60
Office of Professional Responsibility director reporting to attorney general, 208
“sue and settle” cases, 34
Congress
DOJ duty to enforce laws passed by, 58–68
Holder testimony, 1–8, 99–100, 113–15, 117, 118–27, 142–43, 167
impeachment power, 215
Congressional Research Service, 43
Connor, Joseph, 155, 181
consent decrees. See settlement agreements and consent decrees
conservatives, hostility towards, 94–98
constitutional abuses, presidential appointments during Senate recess, 47–49
constitutional amendments, 42–46
Consumer Financial Protection Bureau, 47
contempt of Congress citations, 119–21, 145–46, 215
Conway Human Development Center case, 83
Cook, Wesley, 63–64
Cordray, Richard, 47
Costley, Dane, 196
Covington & Burling, 18, 60
Criminal Division, Foreign Corrupt Practices Act focus, 184–86
Cruz, Ted, 4–5, 7, 52
Culberson, John, 99–100
cyberattacks, 167–69
Daily Caller, 10, 115, 117
Daskal, Jennifer, 156–57, 159
Davis, Artur, 108
Davis v. Monroe County Board of Education, 85, 87
Days, Drew, 65
Dayton Police Department, 89
DEA (Drug Enforcement Administration), 135, 149
Defense of Marriage Act (DOMA), 64–68
deferred prosecution settlements, 25
deinstitutionalization, 83
DeMint, Jim, 144
DeSaye, Brad, 139
Dillard, Angel, 80–81
disabilities, individuals with, 87–89
discrimination, enforcement of anti-discrimination laws. See Civil Rights Division
disparate impact theory, 78–80, 113–14
District of Columbia voting rights, 42–46
Dobinski, Karla, 70, 71
Dodson, John, 137–38, 140–42
Donilon, Tom, 168, 180
Donsanto, Craig, 11–12
Downie, Leonard, 167
Dreher, Robert, 29–30, 35
Driscoll, Bob, 72
Drug Enforcement Administration (DEA), 135, 149
drug laws, 60–61
drug trafficking, 132–33
Dubravetz, Michael, 187
due process for terrorists, 151–53
Durham, John, 160, 163
Earthjustice, 35
electioneering communications, 57–58
Elwood, John, 43
Emanuel, Rahm, 6
eminent domain, 30–33
enforcement of law, 58–68, 92–102
Engelhardt, Kurt, 69–71
English, Tonya, 137
enhanced interrogation techniques, 44, 160–64, 203
environmentalists, 29
Environmental Protection Agency (EPA)
litigation against, 29–30, 34–40, 51–53
MACT rule, 38–39
Environment & Natural Resources Division (ENRD)
agency regulations lawsuits, 35–40
ideological bias, 29–30
rails-to-trails suits, 30–33
“sue and settle” cases, 35–40
Espionage Act, 174
Everett, Arnold, 96–97
Executive Office for U.S. Attorneys (EOUSA), 207
executive orders, 6–8
executive power and privilege, expansion under Obama
danger of, 41–42
D.C. voting rights case, 42–46
Fast and Furious scandal, 130, 145, 146, 147
political appointments during Senate recess, 47–49
extortion, 56
FACE (Freedom of Access to Clinic Entrances) Act, 80–82
Fair Housing Act, 78
FALN (Armed Forces of National Liberation), 153–56, 181
False Claims Act, 80, 114
Farenthold, Blake, 117, 143
Fast and Furious scandal, 129–50
background, 129–36
CBS coverage, 116
congressional investigation, 3–4, 21, 116, 119–27, 141–47
consequences of gun walking operations, 147–50
Dodson whistleblowing, 141–42
gun walking operations by Phoenix Field Division, 136–41
Holder knowledge of, 142–44
Obama executive privilege over documents claim, 130, 145, 146, 147
Terry murder, 3, 122–23, 130, 140
FCPA prosecutions. See Foreign Corrupt Practices Act (FCPA) prosecutions
Federal Bureau of Investigation (FBI)
Fast and Furious scandal, 149
intelligence group focused on kidnapping and extortion, 135
within Justice Department, 20
Lindsey Manufacturing Company case, 194–98
New Orleans police officers, prosecution of, 70–71
North Korea leak investigation, 173–74
Operation Landslide, 186–88
Pigford cases, 106
Wichita abortion clinic case, 81
federal government, expansion of power of, 49–58
Federalist No. 47, 68
federal law, nullification through DOJ’s nonenforcement, 58–68
Federal Records Act, 80, 114
Federal Register, 212
federal sentencing guidelines, 60–61
Feinstein, Dianne, 178
Fex, Cecilia, 31–32
Fifth Amendment, 31, 54, 165
Filip, Mark R., 203, 204, 205
Fine, Glenn, 75–76, 209–10
fire departments, 89
First Amendment, 14–16, 51, 56–58, 80, 82, 176–77
Fischer, Deb, 214
Florida, removal of noncitizens from voter rolls, 89–90
food allergies, 87–88
Foreign Corrupt Practices Act (FCPA) prosecutions, 183–99
Africa Sting case, 186–90
background, 183
DOJ focus on, 183–86
Lindsey Manufacturing Company case, 193–99
O’Shea case, 190–93
settlement of claims, 185–86
Foster, Daniel, 110
Fourteenth Amendment, 42
Fourth Amendment, 53–54
Foward, Derrick, 89
Fox News
Fast and Furious stories, 139, 148
names of current DOJ attorneys with history of representing terrorists, 158
Rosen investigation, 1–3, 8, 41, 125, 173–77
Freedom of Access to Clinic Entrances (FACE) Act, 80–82
Freedom of Information Act, 115, 119, 168, 179
freedom of press, 8
Freedom Watch, 168, 169
Freeman, Dan, 77
Gabelli v. SEC, 54–55
gambling, 59–60
Gardner, Cory, 214
Garrity v. New Jersey, 165
Gates, Robert, 180
Gaziano, Todd, 48–49
Gibson Guitar raid, 23–29, 33–34
Gillett, George, 137
Ginsburg, Ruth Bader, 54
Godsey, John, 189
Gohmert, Louie, 124–25
Gonzales, Alberto, 46, 186
Goodlatte, Bob, 149
Gosar, Paul, 143
Government Accountability Institute, 59–60
Government Accountability Office (GAO), 34–35, 110
Gowdy, Trey, 148
GPS devices, 53–54
Grant, Gary, 107
Grant, Ulysses S., 20
Grassley, Chuck, 4, 49, 120–21, 140, 141–42, 144, 147, 148, 158
Greenwald, Glenn, 181
Grindler, Gary, 122
Gruhn, George, 28
Grupo, 196
Grutter v. Bollinger, 13–14
GTECH, 60
&
nbsp; Guantánamo Bay detainees, 13, 156, 158, 159
Guardian, 181
Guernsey, Susan, 195–96
gun control, 7–8
gun walking scandal. See Fast and Furious scandal
Gyamfi, Stephanie Celandine, 97–98
Hearne, Thor, 32, 33
high school dress code case, 84
Hinojosa, Xochitl, 116
Hispanics, USDA discrimination case, 108–9
Holder, Billy, 9
Holder, Eric
Attorney General nomination and confirmation, 18–19, 126, 181
birth and childhood, 9–10
contempt of Congress citation, 119–21, 145–46, 215
as Deputy Attorney General, 16–18, 153–55
early Justice Department career, 11–12
education, 10–11
evaluation of Attorney General career, 21–22
Fast and Furious and. See Fast and Furious scandal
judge in Superior Court of District of Columbia, 13–14
marriage to Sharon Malone, 12–13
at Mexico firearms trafficking conference, 134
Pigford II claims, 108, 109–11
politicization and ideological bias, 12, 42, 162, 181, 216–17
private practice, 18
racial consciousness, 100–101
relationship with Obama, 8–9
testimony in congressional hearings, 1–8, 99–100, 113–15, 117, 118–27, 142–43, 167
as U.S. Attorney, 14–16
weaknesses, 19
See also specific issues
Horowitz, Michael, 62, 73–74, 149–50, 208, 209, 210
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 51, 82
House Committee on Oversight and Government Reform, 136
House of Representatives Judiciary Committee
Fast and Furious scandal investigation, 3–4, 21, 116, 119–27, 142–46
Rosen investigation, 1–3
St. Paul, Minn. quid pro quo deal investigation, 113–15
Hughes, Lynn, 191, 192
Human Rights Watch, 156–57
ideological bias and politicization
Civil Rights Division, 29, 62–64, 72
Environment & Natural Resources Division, 29–30
Holder, 12, 42, 162, 181, 216–17
lower-level political appointees, 202
Office of Professional Responsibility, 202–9
Illinois, online gambling, 59
immigration, 55, 89–90
Immigration and Customs Enforcement (ICE), 135, 149
impeachment, 215
Indiana, voter ID law, 92
Internal Revenue Service (IRS), 4–5, 56
Internet gambling, 59–60
interrogation techniques, 44, 160–64, 203
Interstate Wire Act, 59–60
Investor’s Business Daily, 28, 118
Iran, Stuxnet virus in, 167–69