http://abcnews.go.com/Politics/loretta-lynch-eric-holder-agree-hot-button-issues/story?id=26815921
Loretta Lynch and Eric Holder Agree on These 4 Hot Button Issues - ABC News

President Obama
<http://abcnews.go.com/topics/news/whitehouse/barack-obama.htm> has said
he’s “confident” that his nominee
<http://abcnews.go.com/Politics/loretta-lynch-carry-holders-civil-rights-legacy-obama/story?id=26779324>
to replace outgoing Attorney General Eric Holder
<http://abcnews.go.com/Politics/attorney-general-eric-holder-resign/story?id=25752751>
“will get confirmed by the Senate.”

*Loretta Lynch says Federal Courts Effective for Prosecuting Homegrown
Terrorists*

*Susan Walsh / AP Photo*

But a look at where Loretta Lynch, the federal prosecutor out of Brooklyn,
N.Y., has fallen on some of the more controversial issues dogging Holder
for years suggests the confirmation process may be a bit bumpy. She and
Holder seem to be eye-to-eye on many of the issues that made him such a
lightning rod for Republican criticism.

Here are four issues that Senators – including some Democrats -- will
likely press her on:
CIVILIAN TRIALS FOR TERROR SUSPECTS

Senate Republicans, including the incoming chairman of the Senate Judiciary
Committee Sen. Charles Grassley, have long objected to the Obama
administration’s use of civilian courts to prosecute certain terror
suspects, saying the prosecution-focused efforts of the FBI
<http://abcnews.go.com/topics/news/us/federal-bureau-of-investigation.htm>
can fail to obtain valuable intelligence. Just three weeks ago, Grassley of
Iowa, blasted the Obama administration over plans to transfer a terrorist
held in Afghanistan <http://abcnews.go.com/topics/news/afghanistan.htm> for
years to the United States for prosecution.

“To give him the full set of rights that an American citizen is afforded
when accused of a crime is a slap in the face to the men and women fighting
abroad to keep us safe,” Grassley said in a statement at the time.

*Susan Walsh/AP Photo*

PHOTO: U.S. Attorney Loretta Lynch speaks in the Roosevelt Room of the
White House in Washington, Nov. 8, 2014, after President Barack Obama
nominated her to be the next Attorney General succeeding Eric Holder.

But Lynch – like Holder – has launched a strong defense of the civilian
court system, calling it a “proven and effective method of dealing with
terrorism <http://abcnews.go.com/topics/news/world/terrorism.htm> suspects”
and “the best and often the only option” for prosecuting U.S. citizens who
have been radicalized.

“We increasingly see the face of homegrown extremism as one of our own, who
cannot be tried in a military commission
<http://abcnews.go.com/topics/news/world/military-tribunal.htm>. Federal
courts have also established effective mechanisms to obtain cooperation
from defendants,” Lynch told attendees at an Agudah Israel legislative
breakfast in November 2011. “And I cannot underscore how important the
cooperation and the intelligence that we gather from these suspects is in
the fight against terror. It’s the major advantage and difference from the
commission system.”

Through such cooperation in the federal court system, U.S. authorities have
obtained phone numbers and email addresses of Al Qaeda
<http://abcnews.go.com/topics/news/iraq/al-qaeda.htm> operatives, they’ve
learned about the group’s recruiting techniques and finances, they’ve been
told the locations of senior Al Qaeda figures and the locations of training
camps, they’ve become privy to information about Al Qaeda’s “tradecraft”
and “security protocols” to avoid detection by the U.S. intelligence
community, and they’ve learned of plans for future attacks, Lynch said.

“Why would you want to restrict that flow of vital information?” she asked.

In addition, she lauded “the breadth and depth of the scope of federal
charges,” including charges in the civilian court system such as
money-laundering, tax evasion, and firearms violations that can
incapacitate a group’s funding or other capabilities.
VOTER ID LAWS

Under Holder’s leadership, the Justice Department
<http://abcnews.go.com/topics/news/us/justice-department.htm> has been
challenging laws in states like Texas, Alabama and North Carolina that
require voters to provide certain documents to cast a ballot. Holder has
argued the so-called “voter ID laws” disproportionately prevent minorities
from voting, and some federal courts have agreed.

Lawsuits filed by the Justice Department to block those laws have rankled
Republicans. In January, when several judicial nominees were testifying in
a confirmation hearing before the Senate Judiciary Committee, one of the
first questions from Grassley was: "In regard to voter ID, if confirmed, do
you plan to allow states to require voters to identify themselves to
prevent the fraud that we have seen?"

Earlier this year, Lynch said federal lawsuits to block voter ID laws “will
continue.”

"Fifty years after the march on Washington, 50 years after the civil rights
<http://abcnews.go.com/topics/news/issues/civil-rights.htm> movement, we
stand in this country at a time when we see people trying to take back so
much of what Dr. [Martin Luther] King fought for,” she said at an event
outside New York City celebrating the legacy of King and Nelson Mandela
<http://abcnews.go.com/topics/news/history/nelson-mandela.htm>. “But I'm
proud to tell you that the Department of Justice has looked at these laws,
and looked at what's happening in the Deep South and in my home state of
North Carolina, [and] has brought lawsuits against those voting rights
changes that seek to limit our ability to stand up and exercise our rights
as citizens.”
“TOO BIG TO JAIL”

As attorney general, Holder has repeatedly faced questions from Democrats,
Republicans and others over why his department has not brought criminal
charges against the heads of banks that played a part in the financial
meltdown several years ago – a meltdown Holder described as “the worst
financial crisis since the Great Depression.”

“The best deterrent to crime is to put people in prison,” Grassley said in
a statement last year. “That includes those at powerful banks and
corporations. Unfortunately, we’ve seen little willingness to charge these
individuals criminally.”

In an interview earlier this year, ABC News’ Pierre Thomas pressed Holder
on why five years after the meltdown “not a single high-ranking banking
official has gone to jail.” Holder insisted federal investigators were
“still in the process of looking at this conduct" and that the “passage of
time does not mean that you will not be held accountable."

“We are going to be extremely aggressive,” Holder vowed.

Lynch, who joined Holder in Washington over the summer to announce a $16
billion settlement with Bank of America over its conduct leading up to the
meltdown, has similarly suggested the federal government is doing
everything it can to hold companies accountable.

“[People] want the head of this bank or that investment bank to go to jail,
and the types of cases that we actually have been developing tend to be a
little bit smaller,” she told a New York civic association last year. “They
tend to involve mortgage companies themselves who issued fraudulent
mortgages” and may have made misleading statements or received “a
kickback.”

“There in fact have been a number of prosecutions like that all over the
country,” she said. “But those are smaller cases and they don’t get the
kind of attention that people are looking for. So people often don’t think
that anything has happened.”

She said it all comes down to “what you can prove.”

“We have to prove to a jury beyond a reasonable doubt their intent was to
defraud the public, and sometimes jurors just think they were bad at what
they did,” she said.
IMMIGRATION REFORM (A.K.A. “AMNESTY”)

Within hours of Lynch’s nomination on Saturday, Sens. Ted Cruz, R-Texas,
and Mike Lee, R-Utah, issued a joint statement calling on Lynch to “say
whether she approves of executive amnesty.”

The senators were referring to a coming announcement by the Obama
administration laying out a series of executive actions on immigration
reform. The actions are expected to afford even more prosecutorial
discretion to agencies when deciding how to focus their limited resources
for immigration enforcement.

Republican critics have denounced the expected move as unconstitutional.

“The nominee must demonstrate full and complete commitment to the law,” the
senators said. “Loretta Lynch deserves the opportunity to demonstrate those
qualities, beginning with a statement on whether or not she believes the
president’s executive amnesty plans are constitutional and legal.”

It’s unclear exactly where Lynch stands on the issue. A spokesman for her
office referred questions to the Justice Department in Washington, which
did not respond to an email seeking comment.

However, a high-profile case prosecuted by Lynch’s office last year could
provide insight into her views on prosecutorial discretion when it comes to
illegal immigrants. At the time, Lynch announced that nine operators of
7-Eleven stores in New York and Virginia had been arrested for harboring
dozens of illegal immigrants and stealing most of their wages.

The defendants eventually pleaded guilty to charges against them, but the
illegal immigrants have yet to be removed from the country, an Immigration
and Customs Enforcement spokeswoman told ABC News.

Not only were they witnesses in the case, the ICE spokesman noted, but they
were also victims who were “ruthlessly exploited” and forced into “a
modern-day plantation system,” as Lynch put it at the time.
SO WHAT’S AHEAD?

Asked for comment about Lynch’s past positions and what it could mean for
the confirmation process ahead, a spokeswoman for Grassley said he “will
not pre-judge Ms. Lynch before a confirmation hearing.”

While “the vetting process” has only just begun and “it’s very early to be
speculating about any specific issue,” the issues facing an attorney
general and the Justice Department “are difficult and controversial, so
there’s no doubt she'll get tough questions on a number of subjects from
every member of the committee,” the spokeswoman said.

As for President Obama, during his announcement on Saturday he described
Lynch as “somebody who shares [with Holder] that fierce commitment to equal
justice under the law.” And “throughout her 30-year career, she has
distinguished herself as tough, as fair, [and as] an independent lawyer,”
he said.

Holder agreed, saying in a statement that “she is both well-qualified and
uniquely positioned to continue the critical work that’s underway [at the
Justice Department[ and build upon the progress we have made over the past
six years, from advancing criminal justice reform to safeguarding civil
rights.”


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Posted by: "beowulf" <[email protected]>
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