![[Eric Holder.png]] # **Eric Holder: Obama's "Wingman" and the Politicization of Justice** ## Executive Summary [[Eric Holder|Eric Himpton Holder Jr.]], who served as the 82nd Attorney General of the United States from 2009-2015, represents one of the most controversial and politically compromised figures to hold America's top law enforcement position. Self-described as President [[Barack Obama]]'s "wingman," Holder transformed the [[DOJ|Department of Justice]] from an institution dedicated to impartial law enforcement into a [partisan weapon serving the Obama administration's political agenda](https://www.washingtontimes.com/news/2018/mar/5/eric-holder-obamas-wing-man/). His tenure was marked by unprecedented scandals, contempt of Congress citations, and a systematic undermining of the DOJ's independence that has had lasting consequences for American justice. Holder's record reveals a pattern of placing political loyalty above legal duty, from his early involvement in the [[Marc Rich]] pardon scandal during the Clinton administration to his role as the architect of numerous Obama-era cover-ups and selective enforcement actions. His conduct fundamentally ["shattered perceived DOJ independence"](https://www.washingtontimes.com/news/2018/mar/5/eric-holder-obamas-wing-man/) through his admitted role as Obama's personal protector rather than the nation's chief law enforcement officer. ## The "Wingman" Declaration: Abandoning DOJ Independence Holder's most damning self-admission came in 2013 when he publicly declared himself Obama's "wingman" during a radio interview, stating: ["I'm still enjoying what I'm doing, there's still work to be done. I'm still the President's wing-man, so I'm there with my boy"](https://www.politico.com/blogs/politico44/2013/04/eric-holder-im-still-the-presidents-wingman-160861). This unprecedented statement revealed Holder's fundamental misunderstanding of his constitutional role and his willingness to subordinate the rule of law to political loyalty. The "wingman" comment wasn't merely rhetorical flourish—it reflected Holder's actual conduct throughout his tenure. As one [Washington Times analysis noted](https://www.washingtontimes.com/news/2018/mar/5/eric-holder-obamas-wing-man/), Holder consistently served as Obama's "wing man" by providing the president with protection "whenever he needed it," mirroring his previous role covering for President Clinton during the [[Marc Rich]] pardon scandal. This pattern of political protection over legal integrity became the defining characteristic of Holder's tenure. ## Operation Fast and Furious: A Deadly Cover-Up The most catastrophic scandal of Holder's tenure was Operation Fast and Furious, a [botched gun-running operation](https://www.youtube.com/watch?v=95Ve5-QNHfw) that resulted in the deaths of U.S. Border Patrol Agent [[Brian Terry]] and hundreds of Mexican civilians. This operation, conducted without Congressional notification or oversight, allowed over 2,000 weapons to be smuggled from Arizona to Mexico in a misguided attempt to track cartel weapons purchases. ### The Scope of the Scandal Fast and Furious represented ["a phenomenal case"](https://www.youtube.com/watch?v=95Ve5-QNHfw) according to [[ATF]] officials, but for all the wrong reasons. The operation: - Allowed over 2,000 firearms to reach Mexican drug cartels - Resulted in the death of Border Agent [[Brian Terry]] when two Fast and Furious weapons were found at his murder scene - Led to hundreds of additional deaths in Mexico from the trafficked weapons - Was conducted without proper oversight or legal authorization ### Holder's Cover-Up and Contempt of Congress When Congress investigated the scandal, [Holder engaged in systematic obstruction](https://publicintegrity.org/national-security/house-votes-to-hold-attorney-general-in-contempt/) and deception. His actions included: - **Lying to Congress**: Holder initially denied knowledge of Fast and Furious tactics, later admitting he ["made assumptions that turned out not to be true"](https://www.politico.com/story/2012/06/holder-held-in-contempt-of-congress-077988) - **Stonewalling investigations**: Refusing to provide subpoenaed documents for over 18 months - **Contempt citation**: Becoming the [first sitting Attorney General in U.S. history](https://publicintegrity.org/national-security/house-votes-to-hold-attorney-general-in-contempt/) to be held in contempt of Congress by a bipartisan vote of 255-67 The Justice Department's Inspector General [later identified serious failures](https://www.bbc.com/news/world-us-canada-19656316) in the operation but notably cleared Holder of direct involvement—a finding that came after Holder had spent months blocking the investigation that could have revealed the full extent of his knowledge. ## IRS Targeting Scandal: Selective Enforcement and Protection During the IRS targeting scandal, where the agency systematically targeted conservative groups for enhanced scrutiny, [Holder's DOJ demonstrated](https://www.govexec.com/management/2017/09/trump-justice-department-declines-prosecute-ex-irs-official/140864/) a clear pattern of selective non-enforcement that protected the Obama administration while persecuting its political opponents. ### The Scandal's Scope The [[IRS]] under Obama deliberately targeted conservative organizations applying for tax-exempt status, including: - Groups with "Tea Party" in their names - Organizations focused on government spending, taxation, or limiting government - Groups advocating for constitutional education ### Holder's Non-Response Despite overwhelming evidence of political targeting, Holder's Justice Department: - **[Refused to prosecute](https://www.govexec.com/management/2017/09/trump-justice-department-declines-prosecute-ex-irs-official/140864/)** [[IRS]] official [[Lois Lerner]] despite congressional contempt citations - **Ignored criminal referrals** from House committees detailing potential violations - **Protected Obama administration officials** while the scandal unfolded during the 2012 election cycle Even the Trump administration's [[DOJ]] later declined to overturn [Holder's decision not to prosecute](https://www.govexec.com/management/2017/09/trump-justice-department-declines-prosecute-ex-irs-official/140864/), noting that Holder's team had already determined there was no basis for criminal charges. This decision to protect [[Lois Lerner]] and other [[IRS]] officials demonstrated Holder's willingness to shield the Obama administration from accountability. ## New Black Panthers Case: Racial Double Standards The New Black Panther Party voter intimidation case revealed [Holder's race-based approach](https://www.politico.com/blogs/under-the-radar/2011/03/eric-holder-black-panther-case-focus-demeans-my-people-033839) to civil rights enforcement. On Election Day 2008, armed Black Panthers intimidated white voters at a Philadelphia polling station, with one wielding a baton and allegedly telling a white voter: "You're about to be ruled by the black man, cracker." ### The Dismissal and Its Implications Despite video evidence and an initial lawsuit filed by the Bush administration, Holder's [[DOJ]]: - **Dropped charges** against the New Black Panther Party and its members - **Refused to prosecute** clear violations of federal voting rights laws - **[Ignored whistleblower testimony](https://www.foxnews.com/politics/former-justice-department-lawyer-accuses-holder-of-dropping-new-black-panther-case-for-racial-reasons)** from career [[DOJ]] attorney [[J. Christian Adams]] ### Holder's Racial Justification When confronted about the dismissal, [Holder made inflammatory racial comments](https://www.politico.com/blogs/under-the-radar/2011/03/eric-holder-black-panther-case-focus-demeans-my-people-033839), referring to "my people" and dismissing the incident compared to civil rights struggles of the 1960s. Former [[DOJ]] attorney [[J. Christian Adams]] testified that he was told by political appointees that the Civil Rights Division would not bring cases where blacks were defendants and whites were victims. ## Surveillance of Journalists: Criminalizing the Press Holder's [[DOJ]] conducted unprecedented surveillance of journalists, [secretly obtaining phone records](https://www.nbcnews.com/id/wbna51992476) and emails from reporters at the Associated Press and Fox News. ### The Associated Press Surveillance The [[DOJ]] secretly [obtained two months of phone records](https://en.wikipedia.org/wiki/2013_articles_about_the_Department_of_Justice_investigations_of_reporters) for AP reporters investigating a [[CIA]] operation in Yemen. This "massive and unprecedented intrusion" into news-gathering operations was conducted without notification to the news organization. ### The James Rosen Investigation Even more egregious was the targeting of Fox News reporter [[James Rosen]], where [Holder personally approved](https://www.nbcnews.com/id/wbna51992476) a search warrant that: - **Labeled [[James Rosen]] a criminal co-conspirator** under the Espionage Act - **Tracked his movements** using his State Department security badge - **Seized his personal emails** to build a case against his source [Holder later admitted](https://www.foxnews.com/politics/holder-says-subpoena-to-fox-news-reporter-is-his-one-regret) this was his "one regret," acknowledging the chilling effect on press freedom. However, this admission came only after the scandal became public, not from any ethical concerns about criminalizing journalism. ## Hillary Clinton Email Investigation: Improper Interference Holder's post-[[DOJ]] defense of [[Hillary Clinton]] during the 2016 email investigation demonstrated his continued willingness to [interfere in law enforcement matters](https://www.nbcnews.com/politics/2016-election/eric-holder-condemns-fbi-director-comey-over-clinton-mistake-n675531) for political purposes. When [[FBI]] Director [[James Comey]] announced the review of additional Clinton emails weeks before the 2016 election, Holder wrote a scathing op-ed attacking [[James Comey]]'s decision. Holder accused [[James Comey]] of violating ["long-standing Justice Department policies and tradition"](https://www.nbcnews.com/politics/2016-election/eric-holder-condemns-fbi-director-comey-over-clinton-mistake-n675531) and demanded he "correct his mistake"—not for the sake of justice, but explicitly "not for the sake of a political candidate." This interference in an ongoing [[FBI]] investigation by a former Attorney General was unprecedented and demonstrated Holder's continued prioritization of Democratic Party politics over law enforcement integrity. ## Marc Rich Pardon: Early Pattern of Corruption Holder's involvement in President Clinton's pardon of fugitive financier [[Marc Rich]] established the template for his later conduct as Attorney General. As Deputy Attorney General, Holder: - **Bypassed normal procedures** by allowing [[Marc Rich]]'s pardon application to go directly to the White House - **Gave favorable recommendation** despite [[Marc Rich]]'s flight from justice to avoid prosecution - **[Ignored ethical concerns](https://www.propublica.org/article/the-shadow-of-marc-rich)** about [[Marc Rich]]'s ex-wife's $450,000 donation to Clinton's presidential library Former [[FBI]] Director [[Louis Freeh]] testified that while the [Rich pardon was "a corrupt act,"](http://www.cnn.com/2009/POLITICS/01/16/holder.confirmation/index.html) Holder had "allowed himself to be used" by the Clinton White House. This pattern of being "used" by political superiors would define Holder's entire career. ## Current Activities: Partisan Redistricting and Anti-Trump Activism Since leaving the [[DOJ]], Holder has continued his partisan political activities through several organizations and initiatives: ### National Democratic Redistricting Committee Holder chairs the [NDRC](https://democraticredistricting.com/chairman/), which he founded in 2017 explicitly to combat Republican gerrymandering while promoting Democratic electoral advantages. While framed as "voting rights" advocacy, the organization is purely partisan, focused on: - Fighting Republican redistricting efforts - Supporting Democratic-favorable maps - [Challenging election laws](https://democraticredistricting.com/eric-holder-statement-on-senate-reintroduction-of-the-john-lewis-voting-rights-advancement-act/) passed by Republican states ### "Our Unfinished March" Book In 2022, Holder published ["Our Unfinished March: The Violent Past and Imperiled Future of the Vote,"](https://www.randomhousebooks.com/books/705040/OB) which serves as both a historical revisionist account of voting rights and a partisan attack on Republican election integrity measures. The book argues that: - Republican voter ID laws constitute "voter suppression" - The Electoral College is "an enemy of democracy" - The Supreme Court's conservative majority represents "minoritarian rulings" ### Anti-Trump Advocacy Holder has become one of the most vocal critics of [[Donald Trump]], making [inflammatory statements](https://www.washingtontimes.com/news/2024/jan/19/eric-holder-barack-obama-wingman-moans-donald-trum/) about the threat Trump poses to democracy. His rhetoric includes: - Claims that [[Donald Trump]] will ["end democracy"](https://www.washingtontimes.com/news/2024/jan/19/eric-holder-barack-obama-wingman-moans-donald-trum/) if reelected - Accusations that Trump's [[DOJ]] will be "weaponized" against political opponents - Warnings that America under [[Donald Trump]] would resemble "Putin's Russia" This from the man who actually weaponized the [[DOJ]] during his own tenure, demonstrating remarkable hypocrisy and projection. ## Legal and Professional Misconduct Analysis ### Potential Criminal Liability While Holder was never prosecuted for his various scandals, several of his actions potentially violated federal criminal statutes: #### 18 U.S.C. § 1001 - [[False Statements]] Holder's testimony to Congress regarding Fast and Furious contained numerous false statements about his knowledge of the operation. His claim that he first learned of the operation in early 2011 was contradicted by documents showing he received briefings much earlier. #### 18 U.S.C. § 1505 - [[Obstruction of Congressional Proceedings]] Holder's refusal to provide subpoenaed documents and his systematic obstruction of the Fast and Furious investigation constituted potential obstruction of Congress. #### 18 U.S.C. § 242 - [[Deprivation of Rights Under Color of Law]] The dismissal of the New Black Panthers case and the selective enforcement of civil rights laws based on race could constitute violations of this statute. ### Professional Licensing Issues Following his contempt of Congress citation, a [formal complaint was filed](https://www.foxnews.com/politics/complaint-seeks-to-have-holder-disbarred-after-contempt-vote) with the Washington D.C. Office of Bar Counsel seeking Holder's disbarment. The complaint alleged violations of professional conduct rules including: - "Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation" - "Conduct that seriously interferes with the administration of justice" While the complaint was not successful, it highlighted the serious ethical concerns about Holder's conduct that extended beyond political disagreements to fundamental questions of professional integrity. ### Civil Rights Violations Holder's race-based enforcement policies potentially violated the Equal Protection Clause of the 14th Amendment by treating cases differently based on the race of victims and perpetrators. Career [[DOJ]] attorney testimony suggested systemic discrimination in civil rights enforcement. ### Contempt of Congress Holder's contempt citation by the House of Representatives was [unprecedented for a sitting Attorney General](https://publicintegrity.org/national-security/house-votes-to-hold-attorney-general-in-contempt/). While the [[DOJ]] declined to prosecute under executive privilege claims, the contempt finding itself represented a formal Congressional determination that Holder had violated his legal obligations. ## The Lasting Damage to DOJ Independence Holder's tenure fundamentally altered the relationship between the Attorney General and the President, establishing precedents that have [weakened DOJ independence](https://www.npr.org/2017/10/26/560046507/breaching-the-wall-is-the-white-house-encroaching-on-doj-independence) permanently. His "wingman" declaration and conduct demonstrated that the Attorney General could serve as the President's personal protector rather than an impartial enforcer of federal law. This transformation has had several lasting consequences: ### Politicization of Career Staff Holder's leadership encouraged career [[DOJ]] attorneys to consider political factors in law enforcement decisions, as evidenced by the New Black Panthers case testimony. ### Congressional Relations Holder's contempt citation and confrontational relationship with Congress established a new template for AG-Congressional relations that has continued through subsequent administrations. ### Public Trust Holder's scandals and partisan conduct significantly damaged public trust in the [[DOJ]]'s impartiality, effects that continue to influence public perception of federal law enforcement. ### Precedent for Future AGs Holder's example of serving as the President's "wingman" rather than an independent law enforcement official has influenced expectations and conduct of subsequent Attorneys General. ## Conclusion [[Eric Holder]]'s tenure as Attorney General represents a fundamental betrayal of the Department of Justice's mission and the rule of law. His self-described role as Obama's "wingman" transformed the nation's premier law enforcement agency into a partisan weapon, with consequences that continue to undermine American justice today. From the deadly Fast and Furious cover-up to the systematic targeting of political opponents through the [[IRS]] scandal, from the race-based dismissal of the New Black Panthers case to the unprecedented surveillance of journalists, Holder's record demonstrates a consistent pattern of placing political loyalty above legal duty. His actions potentially violated multiple federal criminal statutes and certainly violated the ethical standards expected of America's chief law enforcement officer. Even after leaving office, Holder continues his partisan activities through redistricting advocacy and anti-Trump activism, confirming that his approach to "justice" remains fundamentally political rather than legal. His book and public statements reveal an individual who remains unrepentant about his destruction of [[DOJ]] independence and eager to continue his partisan warfare against conservative political movements. The damage Holder inflicted on American institutions through his weaponization of the Justice Department serves as a cautionary tale about the dangers of placing partisan loyalty above constitutional duty. His legacy is not one of equal justice under law, but of selective enforcement, political protection, and the systematic abuse of prosecutorial power for partisan ends. Future Attorneys General and the American people must learn from Holder's failures to ensure that the Department of Justice serves the Constitution and the rule of law, not the political interests of any particular administration or party.