Live Blogging AG Holder’s Senate Hearing

November 18, 2009  |  Posted by Danielle Belton

1:11 p.m.: Right now I'm juggling both the hearing and my regular Web duties here at New Security Action. May have to take a break to take care of some business.

1:09 p.m.: Hearing continues. Sen. Coburn is concerned about a detainee asking for some form of immigration status.

12:43 p.m.: Holder thanks Whitehouse for his comments about prosecutors/DOJ employees. Holder states that federal judges have dealt with issues regarding terrorists before. "There's going to prescendent for just about every decision a judge has to make," Holder says, then states his confidence in the military commissions.

12:42 p.m.: Whitehouse has concerns about military trials. "Even a perfect military commission still bears some risk of unreliability."

12:38 p.m.: Sen. Sheldon Whitehouse comes to defense of federal prosecutors out of concern that some Senators have made it sound like prosecutors are unable to be fair re: detainees. Whitehouse: Prosecutors should not have their decisions impacted by "talk show" opinion.

12:35 p.m.: Sen. Franken arguing health care fraud folks need to be in prison more so than addicts. Also brings up the trafficking of women for prostitution, specifically Native American women on reservations. Holder points out violence against women on reservations is in some cases 10 times higher than the national average.

12:29 p.m.: Sen. Al Franken backs up what Klobuchar, others have said about managing and processing rape kits. We need to clean up that blacklog. Franken wants to know what Holder is doing about it. Holder wants to give a fuller response in written form. Points out that processing these kits is an ultimate law enforcement tool. That we will solve cases and put people behind bars.

12:27 p.m.: Sen. Klobuchar largely focuses on "bread and butter" justice issues -- medicare fraud, violence against women, etc.

12:22 p.m.: Sen. Amy Klobuchar briefly brings up Ft. Hood shooting and investigation.

12:16 p.m.: Sen. Coburn is now asking about medicial marijuana and how the DOJ has eased up on prosecuting marijuana distributors if they are legal in the state.

12:13 p.m.: Sen. Tom Coburn of Oklahoma is asking about prosecuting fraud in relation to recovery act funds.

12:11 p.m.: Oh no! I've exceeded my amount of tweets on Holder's hearing! Oh well, at least I have the blog.

12:07 p.m.: Sen. Benjamin Cardin of Maryland is discussing issues with the internet and terrorism. Praises work Holder is doing with Civil Rights division.

12:02 p.m: Sen. Cornyn is worried that if KSM is acquitted, US wouldn't be able to hold him. Leahy points out that a lot of New Yorkers might like it if KSM were released onto the streets of New York and that KSM WOULDN'T like it. First mention of "street justice" for KSM.

12:01 p.m.: Sen. Cornyn points out that a judge could move the trial like the trial was moved in the Timothy McVeigh case. Holder points out that a change in venue did not stop McVeigh from being convicted and executed.

11:58 a.m.: Sen. John Cornyn wants to know if KSM needs his Miranda rights. "We don't need his statements," Holder said. "There is no need for Miranda warnings." Sen. Cornyn, like other Republican Senators is preoccupied with whether or not KSM was properly Mirandized. "I'm very confident that Miranda issues are not going to be a part of that trial," Holder said.

11:57 a.m.: Holder reiterates that a small number of captives on battlefield have received Miranda warnings. Most don't get them.

11:54 a.m.: Sen. Durbin shoots down myth that detainees held in military detention potentially in Illinois facility would be able to have tens of visitors. Holder points out only guests they would see would be their own counsel per military rules.

11:53 a.m.: Sen. Durbin points out that we've never had an escape from a supermax prison. Holder agrees.

11:51 a.m.: Durbin points out we have very close parallel between trial of Moussaoui and KSM. Moussaoui, 20th hijacker, was tried, convicted in US.

11:46 a.m.: And we're back with Sen. Dick Durbin. He is referencing the trial of Zacarias Moussaoui in Virginia. "I do not recall any complaints of the Republican side of the aisle of their president to try that case in an article III court." Durbin points out how fmr Mayor Rudy Giuliani once praised civil trial for Moussaoui. "I struggle to find the difference."

11:32 a.m.: 10 minute recess! Be right back!

11:29 a.m.: Graham thinks Holder has made a fundamental mistake and compromised the country's ability to deal with people "at war with us." Graham calls dual courts a "perversion of the justice system." Holder says that Graham is throwing up what he considers to be "a red herring." Holder said we make the decision every day as to who should be Mirandized and who should not on the battlefield. The notion that a conviction of KSM would depend on Miranda rights "is simply not accurate," Holder says.

11:28 a.m.: Graham: "The big problem I have is that you're criminalizing the war."

11:25 a.m.: Sen. Lindsay Graham wants to know the thought process behind taking some detainees to trial in civil courts versus military commissions. Graham wants to know where Holder would try Osama bin Laden. "If we captured bin Laden tomorrow would be entitled to Miranda warnings?"

11:20 a.m.: Sen. Schumer has question about death penalty. Wants to know if Holder sees any legal impediments that would stand in the way of seeking and imposing death penalty on 9/11 suspects. Holder doesn't seen any potential problems there.

11:17 a.m.: New York-based Sen. Chuck Schumer has some concerns about the burden on taxpayers in New York regarding security of terrorism trials. "Will you recommend to the president ... dedicated funding to all of New York City's added security costs?" Holder says America was attacked on 9/11, federal govt. will step up and help with costs so New York doesn't shoulder all burden.

11:14 a.m.: Brief kerfuffle breaks out when Sen. Sessions asks over whether or not Holder will supply names, info on more than 300 terrorists currently held in U.S. prisons. Sessions, someone has confused this request with Sen. Grassley's request for a list of names of attorneys in DOJ who have ties to detainees. Holder assures Sessions that he will give him the names and information on terrorists currently held.

11:11 a.m.: Sen. Kyl argues that leftist lawyers are keeping Gitmo detainees from coming to trial. You know? Instead of the reality that they've only managed to convict three people. Holder: "That makes for nice rhetoric and good fodder on the talk shows, but I'm here to talk about facts, evidence, real American values."

11:05 a.m.: Sen. Kyl gets some applause for his criticism of Holder's decision to try Gitmo detainees here. Says military commissions trials versus federal courts is subjective. Sen. Leahy asks for order and that people be respectful of the proceedings. Kyl agrees. Kyl thinks that because KSM has allegedly expressed in the past that he wants to be tried in Milcoms he should get a milcom trial. Holder: "I'm not going to base my decisions on what a terrorist, a murderer wants to do."

11:04 a.m.: Sen. Jon Kyl asks about that LIST of attys w/ detainee ties Grassley wants. Holder repeats that he'll "consider" getting that to Grassley.

11:03 a.m: Sen. Feingold is worried about increase in heroin trafficking. Holder says DOJ is using all the skills they have to attack heroin problem.

11:01 a.m.: Sen. Feingold wants to make sure any findings in the Ft. Hood investigation about what went wrong will be made public. Holder says they will try to make things public without harming case/investigation.

10:58 a.m.: Sen. Russ Feingold wants to know what's going on with indefinite detention. Holder says there are a "number of people they will seek to detain under the laws of war."

10:51 a.m.: Sen. Grassley finds decision to bring Gitmo detainees to U.S. "highly questionable." Arguing that there are current US attorneys who have had ties to past terrorism trials as defense attorneys or as advocates for detainees. He wants the names of people in DOJ who have detainee ties. Wow. A list. How McCarthy of him. Holder says he will "consider that request." Holder points out that recusals are done based on previous cases. "We're very sensitive to that concern. People who should not be participating in certain decisions will not do so."

10:48 a.m.: Sen. Chuck Grassley invokes OJ Simpson trial in reference to Holder's statement that failure is not an option. Didn't know OJ Simpson was a terrorist sitting in Gitmo. How you can compare a celebrity homicide case to a terrorism trial I'll never know.

10:47 a.m.: Feinstein now talking about people on terrorist watch lists who were able to buy guns. They're not allowed to fly, but they can buy guns? She asks for Holder's support for her bill to close that loophole.

10:43 a.m.: Sen. Feinstein is discussing the problem with cell phones in prisons, being used by Mexican drug gang members to execute business and hits. She wants to make cell phones contraband in U.S. prisons. Asks Holder what he thinks. He agrees that it is a problem.

10:41 a.m.: Sen. Dianne Feinstein of California is praising Holder's decision to try Gitmo detainees here.

10:38 a.m.: Holder argues that these "leaks" Hatch is speaking of never came from classfied documents.

10:37 a.m.: Sen. Hatch is arguing that federal trials aren't safe for sensitive information. Hatch: How do you intend to ensure that security information doesn't end up in the hands of terrorists if they represent themselves? Guess Hatch doesn't remember the Moussaoui trial where he also tried to represent himself and couldn't get his hand on classified info.

10:33 a.m.: Sen. Orrin Hatch doesn't believe the 195 coviction rate number since 2001. Believe it!

10:32 a.m.: Sen. Orrin Hatch now speaking. He says "military commissions are the preferable venue to protect national securty information and prevent a disclosure of sources," referencing the 9/11 commission.

10:29 a.m.: Holder on civil trials: "Failure is not an option. These are cases that have to be won." Says we will not have a failure result. Sen. Kohl says that is an interesting point of view.

10:28 a.m.: Sen. Kohl is now talking about critics of Holder's decision to try Gitmo detainees in U.S. asking Holder about critique that terrorist suspects could be freed on technicalities. Holder said these critics have not seen the same materials he has and that he would not have put these cases in Article III courts if he didn't think they would have success in convicting them.

10:27 a.m.: Sen. Kohl wants to know more about investigation of Ft. Hood shooting and what went wrong. Holder says there were "interactions between Hasan and other people" that he found "disturbing."

10:25 a.m.: Holder outlines "successes" in regards to closing Gitmo. He says they expect to have decisions for all detainees before Jan. deadline. He says biggest problem will be finding out where former detainees will be placed.

10:24 a.m.: Sen. Herb Kohl is now speaking, expressing disappointment that Gitmo won't be closed by January deadline. He wants to know when are we going to meet our goal.

10:21 a.m.: Holder argues that because 9/11 happened in the US and largely impacted a civilian population, those suspected of committing the act should be tried in federal court. Sessions thinks we shouldn't give a "preference" of a civil trial because terrorists attacked civilians over soldiers.

10:20 a.m.: Sessions still insisting that MilComms can do prosecutions fairly.

10:18 a.m.: Holder asks Sessions to look at the HISTORY of military commissions. Points out that there have only been THREE trials and that the commissions have had to be reformed numerous times.

10:16 a.m.: "I don't think the American people are overreacting, acting fearfully," Sessions says, arguing that federal trials are a "policy" decision. Holder says they are not. He says this was decided upon on a case by case basis. "There was not a political component from my position," Holder says.

10:14 a.m.: And we're BACK to Sen. Sessions who gets right to federal trials versus military commissions. Argues that since Holder hasn't taken milcoms off the table he must believe in them. "Military Commissions are a legitmate way ... to try people who have violated the rules of war."

10:13 a.m.: Holder says DOJ will work with committee to reduce the backlog.

10:11 a.m.: Sen. Leahy asking about reducing backlog of untested rape kits. Pointing out that despite legislation and funding "substantial back logs remain."

10:09 a.m.: Sen. Leahy and AG Holder briefly discuss Patriot Act reauthorization. No details for us, though. It's all top secret.

10:08 a.m.: Leahy asking about classified actions regarding the Patriot Act.

10:07 a.m.: Sen. Leahy asks to know more about the Ft. Hood shooting investigation.

10:05 a.m.: Sen. Patrick Leahy "Glad to see finally after all these years (terrorists are) being prosecuted" just like Timothy McVeigh.

10 a.m.: Holder begins clearing up misconceptions about about trials. Arguing that we have tried terrorists before, that we can protect classfied material during trial, that KSM won't have any more opportunity to "spew hatred" than he already has and that "I'm not scared of what KSM says at trial. You shouldn't be afraid either."

9:57 a.m.: Holder asks to spend bulk of testimony discussing his announcement to try some Gitmo detainees in federal court.

9:56 a.m.: Holder begins outlining previous Dept. of Justice successes, the Ft. Hood shooting and how they are investigating to see if anything can be done to prevent such shootings.

9:55 a.m.: Holder begins testimony.

9:52 a.m.: Sen. Sessions claims military trials are fair. Fails to mention military commissions have only tried and convicted THREE people since their inception.

9:50 a.m.: Sen. Sessions calls trials dangerous, misguided and unnecessary, then praises military trials. Claims US courts can't handle military combatants. Again uses the term "common criminal" but now says he's not a "common American criminal." "How absurd is it to say that we'll release people who will attack us again?" says Sessions. Ah, some early morning fear-mongering.

9:49 a.m.: KSM to be treated as a "common criminal" in U.S. court, Sessions says. Strange. Can't think of anyone who calls KSM a "common criminal."

9:47 a.m.: Sen. Sessions goes right into setting up terrorists up as warriors, not criminals. "(We're) in fact at war this very day."

9:45 a.m.: Sen. Sessions points out 9/11 victims and family members in the audience then goes right into describing the terrorists actions on 9/11 as "an act of war."

9:43 a.m.: Sen. Jeff Sessions, Judiciary Committee ranking member is now speaking. To Holder, "You got a tough job and you asked for it."

9:41 a.m.: Sen. Leahy is now talking about the horrible shooting at Ft. Hood and how the committee wants to find out exactly what happened.

9:39 a.m.: Sen. Leahy mentions that we've tried and convicted more than a hundred terrorists since 9/11. That exact number is 195.

9:38 a.m.: Leahy "We don't jerry rig secret trials or courts as some of our adversaries do."

9:35 a.m.: Sen. Patrick Leahy opens talking about how this is the first hearing in this room. Old room was "so dark and awful." Leahy commends Holder for going forward with trials of Gitmo detainees in U.S. {I have great confidence in our Attorney General," he said.

9:34 a.m.: Attorney General Eric Holder enters.

9:30 a.m. Waiting on hearing to begin. This is a Justice Department oversight hearing.

blog comments powered by Disqus