Every media outlet you can imagine has announced that Eric Holder will be Attorney General under the Barack Obama administration. This is another historic first for the federal government, as Holder will become the first African-American AG. However, it also sets up a number of interesting scenarios for his confirmation hearings. Given the overwhelming Democratic majority in the Senate, and the fact that Obama has almost certainly already tested the waters, I’m sure Holder will be confirmed fairly quickly. That being said, his confirmation hearings should give us a good idea as to how well Republicans and Democrats will work together in the new Congress. Here’s how …
While Holder has an exemplary record of public service (as a federal prosecutor, judge and DOJ official), he made one much-publicized mistake: he gave then-President Bill Clinton his de facto blessing to pardon Marc Rich. He has since stated publicly that it was an error. In other words, he has done something that Senate Republicans can bludgeon him with. If the GOP chooses to do so, it can pillory Holder for a day or two and try to present him as a partisan political hack — undermining his authority and dirtying his image before he has even taken office. This would signal another season of partisan strife in the Senate (the more even-keeled of the two houses of legislature), and would not bode well for behavior in the House. But Holder’s history gives the GOP another option …
In 1994, as the U.S. District Attorney for Washington, D.C., Holder prosecuted then-Democratic House Ways and Means Chairman Dan Rostenkowski (a powerful man at the time). Rostenkowski ultimately pled guilty. This action gives Republicans an out. They can choose to remember Holder as an arbiter of justice, regardless of political affiliation, and use the Rostenkowski prosecution to counterbalance the Rich pardon. Sure, Holden still gets a slap on the wrist, but it would signal that the GOP (at least in the Senate) is not out for blood. If this happens, the signs would certainly be a little better for bipartisan legislative dealmaking.
In other words, pay close attention to these confirmation hearings — they could tell us a lot about how this Congress will comport itself.
-Ship
PS: It appears that Mark Begich has unseated Ted Stevens for the Alaska Senate seat. This keeps the Democratic dream of 60 seats in the Senate alive.