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"Holder's Way":
The Volokh Conspiracy — Tomorrow's Washington Post will feature an op-ed by former OLC deputy Edward Whelan strongly criticizing Attorney General Eric Holder At his recent confirmation hearing, a chastened Holder assured senators that he had learned from the past and was committed to upholding the department's high standards. He specifically promised not to politicize DOJ's legal positions: "We don't change OLC opinions simply because a new administration takes over," he said. Any review "will not be a political process, it will be one based solely on our interpretation of the law." Alas, less than ...

My Washington Post Op-Ed on AG Holder's Political Override of OLC
The Corner on National Review Online — Saturday, April 04, 2009 [image] My Washington Post Op-Ed on AG Holder’s Political Override of OLC [Ed Whelan] The Sunday edition of the Washington Post will feature this op-ed of mine criticizing Attorney General Holder s override of the Office of Legal Counsel s determination that the so-called D.C. voting rights bill is unconstitutional. My closing: Eleanor Holmes Norton, the nonvoting D.C. delegate to the House who aspires to be its voting representative, has made clear that she regards questions of constitutionality as irrelevant and that she thinks members of the ...

ED WHELAN: Look Who’s Politicizing Justice Now. Intense controversy has flared in recent years o…
Instapundit — ED WHELAN: Look Who’s Politicizing Justice Now. Intense controversy has flared in recent years over a previously obscure but high-powered office in the Department of Justice — the Office of Legal Counsel. OLC has traditionally provided the final word to executive branch officials on the meaning of the Constitution and federal statutes. Disputes over whether it faithfully carried out its assigned role in national security matters during the Bush administration have erupted on newspaper front pages. Whatever the merits of those disputes, ...

Crazier and crazier
Balloon Juice — ... The Washington Post published an incoherent screed against Eric Holder written by a man named Edward Whelan today. Whelan is identified as the president of the Ethics and Public Policy Center (as well as former deputy in the OLC). What is the E ...

THINGS YOU MIGHT HAVE MISSED if you were out, you know, having a life this weekend: Threats of pi…
Instapundit — THINGS YOU MIGHT HAVE MISSED if you were out, you know, having a life this weekend: Threats of pitchforked mob violence. (More on that here and here). Does cable-news hype promote mass shootings? Tea Party protests in Long Island and Santa Barbara. Politicizing the Justice Department? More on that subject here. Worries about shutting down the Internet. An Ann Althouse love story. And the continuing relevance of Atlas Shrugged. ...

Politicizing the Justice Department
Betsy's Page — Ed Whelan writes on how Eric Holder, just a few months into his tenure as Attorney General, has already politicized his the Justice Department. At his recent confirmation hearing, a chastened Holder assured senators that he had learned from the past and was committed to upholding the department's high standards. He specifically promised not to politicize DOJ's legal positions: "We don't change OLC opinions simply because a new administration takes over," he said. Any review "will not be a political process, it will be one based solely on our interpretation of the law." Alas, ...

Operation Stonewall Stalls Johnsen and Koh
Firedoglake — ... is a member of the kooky-right and amusingly-misnamed "Ethics and Policy Center"), was allowed by neocon Bush admirer Fred Hiatt to pollute the Washington Post's editorial page today. ( ...

Is The Constitution A Dead Letter For Dems?
Rhymes With Right — ... for one . Eleanor Holmes Norton, the nonvoting D.C. delegate to the House who aspires to be its voting representative, has made clear that she regards questions of constitutionality as irrelevant and that she thinks members of the House and Senate do, too. "I don't think members are in the least bit affected in their votes on the question of its constitutionality," she said just last week. "People vote their politics in the House and in the Senate." Tell me, Eleanor, on what other points do you find the Constitution irrelevant? There is plenty of good legal argumentation ...

Tushnet on OLC & D.C. Representation Bill:
The Volokh Conspiracy — ... with researching these sorts of questions. Further, based upon press reports, and the opinions of former OLC attorneys (e.g. Ed Whelan and ...