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With Dodging and More Dodging, Holder Admits DOJ Dumped CAIR Case

Ah, there’s nothing like transparency.

U.S. attorney general Eric Holder has finally confirmed that Justice Department headquarters intervened to quash the prosecution of a top official of CAIR — the Council on American-Islamic Relations. The attorney general did not identify the CAIR official by name, although, at Pajamas Media, Patrick Poole reports that he is Omar Ahmad — who was in attendance at a 1993 meeting of what the FBI described as Hamas leaders, and who later founded CAIR, an Islamist organization designated by prosecutors as an unindicted coconspirator in a Hamas financing scheme.

(In the just released report by Steve Emerson’s Investigative Project on Terrorism, “The Case Against Omar Ahmad,” IPT notes that Ahmad actually “planned, convened and moderated an October 1993 meeting of the Palestine Committee [a Muslim Brotherhood front] in Philadelphia where members discussed ways to ‘derail’ a U.S.-led peace agreement between the Israelis and Palestinians. The group knew that their Hamas support was problematic. They agreed to reference the group as sister ‘Samah’ [Hamas spelled backward] and warned each other that the U.S. had just proposed legislation that would designate Hamas as a terror organization.”)

Holder initially dodged questions about Poole’s reporting which, relying on Justice Department sources, relates that political appointees in the Obama Justice Department prevented the prosecution not only of Ahmad and CAIR but of other Islamist organizations designated as unindicted coconspirators in the Hamas financing case — the prosecution in which five officials of an Islamic charity known as the Holy Land Foundation (HLF) were convicted and given long sentences. As Poole noted yesterday, Holder first deflected the questions, by claiming that DOJ has been aggressive in prosecuting terrorism cases and by defending the Justice Department’s “outreach” to Muslim groups (including, as Poole has reported, Muslim Brotherhood connected groups identified as unindicted coconspirators).

Nevertheless, Politico’s Josh Gerstein reports that Holder has confirmed that DOJ declined to prosecute the top CAIR official. Yet again, the attorney general appears to have been disingenuous.

As Gerstein observes, Holder claimed that the decision not to prosecute was made by “career folks looking at the evidence.” But Poole’s reporting has related that, in point of fact, the career folks looking at the evidence — namely, the prosecutors in the Dallas U.S. attorney’s office — were in favor of moving forward with a second round of post-HLF prosecutions against the unindicted coconspirators. It was Main Justice political appointees who put the kibosh on the effort. Specifically, and quite contrary to Holder’s intimation, Poole has stated that the case against CAIR’s Omar Ahmad was torpedoed by a memo, dated March 31, 2010, from Assistant Attorney General David Kris to Acting Deputy Attorney General Gary Grindler. DOJ officials have declined to provide Poole with a copy of the memo, so he is pursuing it through the Freedom of Information Act . . . notwithstanding that the “most transparent administration in history” is infamous for FOIA non-compliance. (See, e.g., here.)

Looks like Pat Poole had it right. As Gerstein reports, moments after Holder claimed the non-prosecution decision was made by “career folks,” a Justice Department spokesman “clarified” that the decision was actually made by (as Josh puts it) “senior officials who are not career, but political appointees.” (My italics.)

In his remarks, Holder predictably argued that his Department had merely made the same decision reached by the Bush Justice Department in 2004. As I contended last week, that argument is as frivolous as it is predictable: The Bush DOJ decision is highly suspect, but even if it weren’t, much has changed in the last seven years . . . including the disturbing appearance that the Obama Justice Department has adopted a policy — whether formal or unannounced — against prosecutions involving Muslim charities.

Tellingly, Holder also took pains to distance himself from the non-prosecution decision, saying that, because he is attorney general, “some folks think that my hands are in every decision that’s made, especially those they disagree with, but that’s not the case.” Of course, that cop-out would have more weight if the non-prosecution decision had actually been made by career prosecutors, as Holder claimed, rather than by political appointees (most of whom, like Kris and Grindler, report to Holder — the top DOJ political appointee). Recall, for example, that earlier in Holder’s tenure, career appointees had determined that there was insufficient evidence to warrant prosecuting Bush-era CIA interrogators . . . but that didn’t stop Holder and other Obama political appointees from making the transparently political decision to reopen the investigation.

In any event, House Homeland Security chairman Peter King (R., N.Y.), who has been pursuing DOJ’s non-prosecution decision on the HLF unindicted coconspirators, is singularly unimpressed by Holder’s effort to duck responsibility: “I think the attorney general’s hands should be involved in any case involving CAIR and a possible terrorism indictment. . . . He should not be hiding behind the decision of the Bush administration, because that decision was made before the Holy Land Foundation was convicted . . .”

New on The Corner. . .


COMMENTS   6

EXPAND  

   04/27/11 11:16

And the silence from the entire field of 2012 hopefuls is deafening.

Want my support in 12?
Say this: "If elected, my Attorney General will have as a high priority task preventing Eric Holder from practicing law."

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   04/27/11 11:42

When Bill Clinton took office in 1993 he replaced almost 100 U.S. Attorneys. GWB slowly replaced a few, but kept a few in tact.

Here in Dallas we expected Obama to replace the U.S. Attorney Jim Jacks right away simply because he was the lead prosecutor in the Holy Land Foundation case. I can't think of anyone who thought that Jacks really blended well with the aversion the Obama-Holder team have to dealing with Islamists.

Jacks was the temporary replacement for Richard Roper, who left the Dallas office when Obama was elected. But Obama never got around to appointing a new U.S. attorney to head the office in Dallas, and after a year and half, Jacks lost the temporary head status.

My understanding is that Jacks could still be replaced by a presidential appointment, so I personally think it shows a lot of boldness that the Dallas U.S. attorneys office tried to go forward in 2010 with prosecuting Omar Ahmad, the former CAIR founder and someone mentioned so often in the HLF trial.

Jacks couldn't be more in contrast to Eric Holder's vision of Justice, as he demonstrated in an interview last year:

"As it has been since Sept. 11, 2001, the first priority of the Department of Justice is the prevention of any type of terrorist attack, the investigation and prosecution of any type of activity providing material support to terrorist organizations, and the disruption and dismantlement of any terrorist support groups or individuals within our area of responsibility." External Link 

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   04/27/11 13:56

The House Republicans should get Holder in from of them testifying under oath. One of the benefits of winning back the House, besides derailing the Democrats fiscal agenda, was supposed to be providing more oversight of this most secretive and crooked administration ever. So where are they?

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JRG
   04/27/11 14:17

I'm no fan of Holder or the apparent track this DOJ is taking with respect to prosecuting terrorists..but is it possible that Ahmad - with inducements - has become an informer on CAIR and the Brotherhood, and that's why his prosecution got quashed?

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   04/27/11 15:21

JRG: No crystal ball involved - but not a chance.

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Drk
   05/01/11 19:41

I happen to know for a fact that David Kris has spent his entire career in the justice department (1992-present). He may now hold a political appointment -- a promotion, perhaps? -- but that doesn't change the fact that he is a "career" DOJ employee.

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