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Witch hunt: Fox smearing DOJ nominee Cole as sympathetic to terrorists

Posted in Main Blog (All Posts) on June 16th, 2010 4:48 am by HL

Witch hunt: Fox smearing DOJ nominee Cole as sympathetic to terrorists

Fox News and others are attacking James Cole, President Obama’s nominee for deputy attorney general, by suggesting he is sympathetic toward terrorists due to his criticism of the Bush administration’s approach to trying terror suspects. In fact, many of the policies Cole criticized have since been found to be unconstitutional, and his views are shared by numerous conservative scholars.

Right-wing media attack Cole for non-controversial statements on drug war, civil liberties

Carlson: “[S]ome people, specifically Republicans, are a little disturbed by the fact that [Cole] may actually get this job.” On the June 15 edition of Fox News’ Fox & Friends, co-host Gretchen Carlson said: “Here are why some people, specifically Republicans, are a little disturbed by the fact that he may actually get this job. He’s said some interesting things about 9-11.” Carlson also claimed Cole “has written an editorial where he believes 9-11 was more of a criminal act than an act of war.”

Doocy attacked Cole’s remarks about the war on drugs. Co-host Steve Doocy claimed, as one of the “interesting things” Carlson referred to, “He compared 9-11 to the war on drugs. He’s saying it was actually — war on drugs, actually a longer term and far more devastating disaster for our country in terms of the number of people affected. The war on drugs over the war on terror that started with 9-11.”

Kilmeade claimed Cole said 9-11 is “like an ordinary murder, rape or mafia-type crime. Good, fantastic.” Co-host Brian Kilmeade distorted Cole’s comments to claim “He went on to say it’s like an ordinary murder, rape or mafia-type crime. Good, fantastic. I’ll tell you what, this guy profiles exactly like someone who worked in perfect tandem with Eric Holder because they believe the same things.”

CNS: Cole “liken[ed] the attacks on the World Trade Center” to “domestic crimes.” In a June 14 CNS News states: “The largest bipartisan group of prominent Americans to propose a plan for closing the Guantanamo Bay detention facility has backed a single scheme for the disposition of cases of current and future detainees. Former members of Congress, diplomats, federal judges and prosecutors, high-level military and government officials, as well as national security experts today [November 4, 2009] backed a plan for the handling of detainees when the detention facility is closed.”

Constitution Project Declaration: “Civilian federal courts are the proper forum for terrorism cases.” From the Constitution Project’s The Constitution Project]

Declaration signed by numerous retired generals, admirals, legal experts, and conservatives, including Grover Norquist, Barry Goldwater Jr., and David Keene. The signatories of the Constitution Project’s Beyond Guantanamo: A Bipartisan Declaration include Norquist, president of Americans for Tax Reform; former Rep. Thomas B. Evans Jr. (R-DE), a former co-chairman of the Republican National Committee; Keene, chairman of the American Conservative Union and board member of the National Rifle Association, and former Reps. Goldwater, Jr. (R-CA) and Bob Barr (R-GA). Other signatories include retired generals, admirals and legal experts.

Recent report from 16 former federal judges found that “the habeas process” instituted after Boumediene v. Bush “is working.” As The Constitution Project noted, in Boumediene v. Bush, the Supreme Court “ruled that the constitutionally guaranteed right of habeas corpus review applies to the Guantánamo detainees, enabling them to challenge their detention in federal court.” On June 10, the Constitution Project and Human Rights First “released a report from 16 former federal judges, with a combined experience of 248 years on the federal bench, entitled Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases. In this report, the judges show that the habeas process is working and that the federal courts have developed consistent jurisprudence on standards to be applied and the procedural and evidentiary rules governing Guantánamo habeas cases.” From the Constitution Project:

As they have done for centuries, judges are reviewing these habeas petitions to assess whether each detainee is properly being held. Contrary to the criticism leveled by some that the District Court judges are usurping the role of legislators, the report demonstrates that judges are playing an appropriate constitutional role and are fulfilling the duty they’ve been charged with: applying the law to the facts in these cases.

[…]

Judge Sessions, a signatory of the report, shared his opinion that the courts have been successful in developing a consistent jurisprudence. “The courts have been struggling with it and been making very good and sound headway trying to determine how to deal those people who have been placed in Guantanamo and whether and how they are entitled to be released,” Judge Sessions said.

Judge Sessions explained that the road ahead for the future of habeas litigation would not necessarily be clear cut, but that placing the responsibility in the hands of the courts was the best solution. “We are going to continue to deal with problems and procedures, but the courts are equipped to deal with this issue and are the right people to handle this,” he said.

The War on Drugs has lasted almost 40 years and affected millions

Bureau of Justice Statistics: 1.8 million drug-related arrests in 2007. According to the Bureau of Justice Statistics, 1,841,200 arrests were made for drug-related offenses in 2007 alone, which comprised almost 13% of arrests for all offenses. From the Bureau of Justice Statistics:

AP: “[T]he United States’ war on drugs has cost $1 trillion and hundreds of thousands of lives.” A May 13 Associated Press article stated, “After 40 years, the United States’ war on drugs has cost $1 trillion and hundreds of thousands of lives.” The article also noted, “The dealers who are caught have overwhelmed justice systems in the United States and elsewhere. U.S. prosecutors declined to file charges in 7,482 drug cases last year, most because they simply didn’t have the time. That’s about one out of every four drug cases.”

Cato Institute: There are “about 480,000 drug offenders in jails and prisons.” According to the Cato Institute’s 2009 “Handbook for Policymakers“:

Total drug arrests are now more than 1.5 million a year. Since 1989, more people have been incarcerated for drug offenses than for all violent crimes combined. There are now about 480,000 drug offenders in jails and prisons, and about 50 percent of the federal prison population consists of drug offenders.

DOJ: “Approximately 4 percent of all homicides in 2008 were drug-related.” The Department of Justice estimated that “[a]pproximately 4 percent of all homicides in 2008 were drug-related, a percentage that has not changed significantly over the same 20-year period.” According to the DOJ:

The most recent annual data from the Federal Bureau of Investigation (FBI) show that 12.2 percent of more than 14 million arrests in 2008 were for drug violations, the most common arrest crime category. The proportion of total drug arrests has increased over the past 20 years: in 1987, only 7.4 percent of all arrests were for drug violations. Approximately 4 percent of all homicides in 2008 were drug-related, a percentage that has not changed significantly over the same 20-year period.

The characteristics of populations under correctional supervision reflect these arrest patterns. According to the Bureau of Justice Statistics (BJS), 20 percent of state prisoners and 53 percent of federal prisoners are incarcerated because of a drug offense. Moreover, 27 percent of individuals on probation and 37 percent of individuals on parole at the end of 2007 had committed a drug offense.

Cole has support of “a broad coalition of groups”

NPR: Cole “has won support from a broad coalition of groups, including the National District Attorneys Association and the National Association of Criminal Defense lawyers.” NPR reported on June 15 that “Cole has won support from a broad coalition of groups, including the National District Attorneys Association and the National Association of Criminal Defense lawyers. The American Bar Association’s Criminal Justice Section, which Cole once led, also wrote senators a letter urging his confirmation.” The article added:

The lesson of Cole may be this: Any lawyer who has spent 30 years pursuing high-stakes cases in Washington will develop his share of detractors. And they will reappear exactly when someone is on track to get a plum government job.

Former GOP Sen. Danforth: Cole is “exceedingly knowledgeable,” “highly regarded,” “serious and careful.” In his June 1 letter to the Senate Judiciary Committee, former Republican Sen. John C. Danforth (MO) wrote in support of Cole’s nomination, saying:

Jim is a “lawyer’s lawyer.” He is exceedingly knowledgeable, especially on matters relating to legal and business ethics, public integrity and compliance with government regulations. He is highly regarded at Bryan Cave as a skillful litigator. As his resume demonstrates, he has long and deep experience in the Department of Justice.

Jim Cole is both serious and careful. As I observed when working with him, he is intent on advising clients to do the right thing and avoid even the slightest hint of impropriety. His standard is to know and respect the rules and to conduct oneself in a manner that is beyond reproach.

When in 1999-2000 I served as Special Counsel to investigate the Branch Davidian disaster at Waco, Texas, Jim was the model for how to conduct the investigation: thoroughness, objectivity and no leaks. As he has been the model for our Firm, I am certain he will be the same for the Department of Justice. He has my enthusiastic endorsement for Deputy Attorney General.

Reagan Justice official: Cole’s “distinguished record of government service at the Justice Department, as well as his extensive experience in private practice makes him well-qualified.” W. Stephen Cannon — formerly Deputy Assistant Attorney General under President Reagan — also wrote to the Senate Judiciary Committee in support of Cole’s nomination. In his June 7 letter, Cannon wrote that he “enthusiastically endorse[s] Jim’s nomination and firmly believe the President has made an excellent choice. Jim’s distinguished record of government service at the Justice Department, as well as his extensive experience in private practice makes him well-qualified to handle this difficult job. If confirmed, I’m confident Jim will serve with great skill and distinction.”

Bush campaign aide, former RNC deputy chairman: “Cole has my highest recommendation.” Jack L. Oliver — whose past work included serving as Bush-Cheney ’04’s finance vice chairmen, deputy chairman of the Republican National Committee, and finance director of Bush for President 2000 — also wrote “in strong support of Jim Cole’s nomination to serve as Deputy Attorney General of the United States.” Oliver wrote on June 7:

I have always been tremendously impressed with the thoroughness and professionalism by which Mr. Cole has conducted himself. Therefore, Mr. Cole has my highest recommendation to serve as Deputy Attorney General of the United states and it is an honor to have the opportunity to write on Mr. Cole’s behalf. If confirmed, I believe that Mr. Cole would serve the Department of Justice and the country with great distinction in the years ahead.

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