Eric Holder’s Law Enforcement on Steroids

, Ethan Gaitz, 3 Comments

Controversies on American college campuses are becoming almost the norm now. And Eric Holder has inserted himself and the Obama White House right into the center of a debate regarding sexual assault on campus.

obama and holder

Sexual assault is no trivial matter and the White House should be commended for its proactive efforts to curb such harmful behavior. But, one of the primary steps U.S. Attorney General Holder has taken to address this issue goes beyond the pale.

In a letter sent to the University of Montana (which was the subject of a recent article on the topic of sexual assault), Justice has required the university to institute a “policy that defines sexual harassment as ‘any unwelcome conduct of a sexual nature.’”

“Under Holder’s rule, a single instance of conduct that is ‘offensive’ to one individual would constitute a violation of the law, even if that individual’s reaction is totally unreasonable,”  John Fund and Hans von Spakovsky write in their book Obama’s Enforcer: Eric Holder’s Justice Department. Failure to enforce such a stringent ruling by the university could result in a loss of federal funding.

“Holder appears to want universities to apply the Queen of Heart’s admonition in Alice in Wonderland to lop off the heads of anyone accused of sexual harassment before there has even been an investigation or hearing to determine whether the accusations are true,” Fund and Spakovsky write.

Legal orthodoxy within the criminal justice system has been that one is innocent-until-proven-guilty. However, such a “lax” approach to addressing alleged instances of sexual assault does not mollify Attorney General Holder who has resorted to a newly concocted doctrine of guilty-unitl-proven-innocent. One does not need to be a prosecutor or criminal defense specialist to understand that such practices are not consistent with the precepts of due process, a hallmark of the American legal system.

Not only is such a procedure likely to result in a hasty investigative process, when it would be ideal for all parties involved in such an incident to prudentially probe the matter so as to come to a substantiated decision. If however, the university is unable to carry out a deliberative, and incremental process, perhaps it would be best to turn the matter over to the local authorities.

Supreme Court rulings on such matters have mandated that for a school to be held liable for a possible sexual transgression, the conduct in question must be “so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” Evidently, Eric Holder does not appear interested in upholding the rulings of the highest court in the land.

Additionally, as Fund and Spakovsky indicate, Holder’s “management style”  only spells more trouble for colleges and universities.  “Holder is the first attorney general in history to be held in contempt by the House of Representatives for his unjustified refusal to turn over documents related to what may be the most reckless law-enforcement operation of the Justice Department ever conducted: Operation Fast and Furious,” Fund and Spakovsky write. “He has launched more investigations and prosecutions of leaks than any prior attorney general, yet he has studiously ignored high-level ‘friendly leaks’ by White House officials in the Obama administration.”

“Holder has racialized the prosecution of federal discrimination laws and led an unprecedented attack on election-integrity laws, thus making it easier for people to commit voter fraud and facilitating the election of members of his political party. His handling of national-security issues has been dismal and he has filled the career ranks of the Justice Department with political allies, cronies, and Democratic-party donors, in clear violation of civil-service rules. Holder has treated Congress with contempt and has done everything he can to evade its oversight responsibilities by misleading, misinforming, and ignoring members of Congress and its committees. Holder has attacked pro-life protesters, trying to use federal power to restrict their First Amendment right to speak, has prosecuted American companies for engaging in behavior that is routinely done by government officials, and has on numerous occasions ignored his duty to defend the law and to enforce statutes passed by Congress.

“For these reasons and many others, former career lawyer Christopher Coates, who served in the Clinton, Bush, and Obama administrations, says that in his opinion, ‘Holder is the worst person to hold the position of attorney general since the disgraced John Mitchell, who went to jail as a result of the Watergate scandal.’”

  • Mike Lane

    He is also a summa cum laud graduate of the Al Sharpton school of race baiting.

  • Richard Hellstrom

    India Times – Minister of state for home Kiren Rijiju said according to UN Crime Trends Survey 2010, the US recorded 85,593 cases of rape in that year followed by Brazil with 41,180 rape cases.
    A total of 22,172 rape cases were registered in India in 2010, he said.
    Obama said – One out of ever 5 college kids gets raped and most go un reported.
    Fraternities set public agendas of turning their girl friends gay and frequently drug and gang rape women – That conduct should fall on Congress and the Elite Socialist of America – In our city they
    have converted drug complaints on the college kids to a noise ordinance and invited the other residence to move – – Openly selling and using drugs , date rape , drug rape is all being committed with the city councils and state approval.
    In 2007 it was reported that ( Illegal Alien Sex Fiends ) There are approximately 240,000 illegal immigrant sex offenders in the United States and that since 1999 there have been nearly one million victims of rape, child molestation, sexual homicides, and rape and molestation of handicapped children by illegal immigrants here in the U.S. – Women should be demanding change – were the cesspool of the world and don’t forget – our society is based on conduct. – NOT -

  • TruthBeTold

    Who has the force of Federal power to enforce every edict.