When high-powered attorney Eric Holder, partner in the high-power DC law firm Covington & Burling, chose to allow American Lawyer to profile him for a trial balloon about making him AG, he allowed American Lawyer to watch him work for Chiquita. While American lawyer watched, Eric Holder smooth-talked Chiquita’s CEO – the man in charge of a corporation which pled guilty to running terrorist death squads.
Chiquita funded terror to kill labor organizers in order to keep down labor costs. A very rational decision. It sends an interesting message to labor in the US to hire a man who’s worked for a corporation like that to be Attorney General. The change from the Bush Justice department is hard to see. Change we can believe in?
American Lawyer’s article seems to soft-pedal exactly what Holder helped Chiquita get off lightly on:
[Eric Holder Jr.] is there to prep Fernando Aguirre, the CEO of Chiquita Brands International Inc., for an interview with "60 Minutes," which will be broadcasting a segment on the company’s past involvement with Colombian right-wing paramilitary forces. Last March, Holder helped Chiquita secure a slap-on-the-wrist plea deal to charges that it had paid off the terrorists.
Of course, what American Lawyer describes as "charges" are actually the acts Chiquita admitted to in court. It’s odd that Obama, a man who wants to change Washington and clean up torture: a man with close union allies, would overlook torture and assassination of labor activists funded by the company his AG chose to work for:
Earlier this year Chiquita admitted one of its subsidiaries paid about $1.7 million to the rightwing paramilitary group United Self-Defense Forces of Colombia, which is also known as the AUC. The group is considered a terrorist organization by the U.S. State Department. Chiquita also agreed to pay the U.S. government a $25 million fine.
When Eric Holder chose to take Chiquita’s money then, he chose to enrich himself by accepting fees from admitted paymasters for terrorist death squads.
Gosh, why would Chiquita pay $1.7 Million to fund terrorist death squads? Obama’s rumored AG pick Eric Holder chose to work for Chiquita and chose to take their money to say:
“This company was in a bad position dealing with bad guys,” says Eric Holder, a Washington attorney representing Chiquita. “There’s absolutely no suggestion of any personal gain here."
But Conde Nast reports something rather different—it wasn’t Chiquita being targeted, it was leftists making their costs higher:
As a corporation, though, Chiquita stood to benefit greatly from the lethal cleansing that Castaño delivered. At the time, the Marxist guerrillas routinely kidnapped U.S. executives, blew up railroads, and sabotaged oil pipelines. Chiquita says it became increasingly difficult to protect its workers and their families. Castaño’s death squads, however, were squarely pro-business. They were not just ridding Urabá of guerrillas; they were killing leftists and eradicating unions.
“The payments Chiquita made to the paramilitaries were part of a project that the A.U.C. called Operation Genesis,” says Gloria Cuartas, who was the mayor of Apartadó from 1995 until 1997, when Castaño threatened her life and drove her out of the area. “It called for the elimination of the left and of all social groups that were supposedly contributing to instability for investors and the multinationals.” Francisco Ramirez, a leading labor lawyer with the United Confederation of Workers, the largest labor union in Colombia, says that money from Chiquita and other companies “created these paramilitary groups and helped destroy the unions.”The A.U.C.’s wave of terror was swift and brutal. Among the most savage of its many massacres was a 1998 attack on an Urabá village in which paramilitaries murdered 11 peasants after burning them with acid to force them to confess they were guerrillas.
It is odd that the change at AG is a man who made money by representing the corporation funding the terrorists who systematically murdered left wingers to bring down business costs and effect political change. A man whose words well, spin Chiquita’s actions. (Spin being the polite word for something rather nastier.)
Is this really the best candidate?
The best is a man who took his money from Chiquita to profess "This company was in a bad position dealing with bad guys"? Colombia’s Attorney General refutes Holder’s spin:
The attorney general, Mario Iguaran, said, "The relationship was not one of the extortionist and the extorted but a criminal relationship… When you pay a group like this you are conscious of what they are doing."
The odd thing is that Chiquita, supposedly in hard place with bad guys, chose to keep expanding its operations in the areas where those terrorists were killing union organizers. How strange:
We believe that Chiquita is actually essentially engaged in a criminal conspiracy with the paramilitary organizations to control the banana-growing region of Colombia and that it was to Chiquita’s great benefit to use the paramilitaries to maintain a social and political stability within this region to allow them to conduct their extremely profitable banana-growing operations.
What the Chiquita executives probably didn’t tell you is that during this period, when they claimed they were being extorted by the paramilitaries, their Colombian subsidiary was the most profitable arm of Chiquita’s global operations, and, in fact, they continued to buy land in Colombia in the area where they said it was so dangerous that they had to pay protection payments to the paramilitaries. They continued to buy land and expand their operations until 2004, when they abruptly sold their Colombian subsidiary at around the same time that the Justice Department began investigating their payments to the paramilitaries.
When Ashcroft was AG he kept Justice hidden behind a curtain. Perhaps Holder should do the same. It might not be too much to suggest that he swear his oath on crossed machetes as well.
This is an odd choice if the goal at Justice is change and cleaning up.
You decide: is this change we can believe in?




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Thanks Doc! Let’s hope this never gets beyond the rumor stage,
Holder sure seems like a bad choice to me!!
Great diary. It’s such a shame that a good soul is a detriment in politics.
You may not dig Eric Holder, but don’t let that stop you from Digging this post!
Again with this? Didn’t we already have the discussion that it’s part of a lawyer’s job to defend bad people? Not only are we engaging in guilt by association, we’re doing it repetitively and tiresomely.
Holder will be a fine AG. And I guarantee he won’t do a thing to promote paramilitary assassinations during his tenure in office.
where is everybody?
Let and open and transparent confirmation process play out.
Freaked out?
a little bit. seems awfully quiet, and traffic at the previous thread has stopped.
maybe people are waiting for LLN to start.
And you are?
Kirk? Suzanne? Lurk?
Dr. Murphy,
You’re serving up a pretty unsophisticated analysis here for a medical doctor. What if Adolf Hitler lay dying in your office? Would you honor the Hippocratic Oath and give him the proper medical attention?
Lawyers have much the same professional obligation that you do– they are part of the ajudicatory process, and yes, they sometimes end up defending less than savory characters. It’s the way the system works. I’m not defending Holder in particular, as I don’t know a lot about him– I’m just saying that you’re wrong to take a position against him on the grounds you stated.
Hello neurophius
Yes, I am.
hi neuro and christine and biilybugs and sophie!
happy torture: meet the new boss
you rang?
Hi Lurk.
Gooooode-evening.
(or was that Lurch? g)
Sorry Kirk, but I agree with kyeo at #4. I can’t get exercised about this. I’m willing to give the benefit of the doubt to all of the purported Cabinet proposals. And that’s all they are at this point — proposals, until they are confirmed.
Hello, the Doctor is IN.
I guess the ZED contest is on PUPS!
Hi, Kirk.
Am I missing something? Was Holder involved in Bush’s torture policy?
late late nite upstairs
Evening Kerk how ya doing this quiet evening… Earlier threads were dam hard to keep up with… Everybody’s eyes, fingers and brains must be all wore out..
Shit KIRK… hate it when that happens!!
As evil as Adolph Hitler was, he was still a flesh and blood person, so of course the Hippocratic Oath would obligate me to help. [Fortunately, as a psychiatrist I’d only be expected to ask him how he felt…]
Living people deserve legal representation. No question.
Corporations are unliving deathless legal fictions.
Just as docs make medical ethics, attorneys make legal ethics. They can all tell us we just need to accept corporate lawyers making fortunes from helping megacorps minimize their costs from poisoning, maiming, and killing us.
That’s just the way it has to be, we’re told.
After all, it’s worked so well.
Whatever.
gosh, i sure didn’t mean to suggest so.
i was trying to refer to the new boss who chose the death squads’ paymasters lawyer
This piece has no place anywhere in the net roots.
Subject only to the possibility that the author of this post has reliable knowledge of some ethical or other professional impropriety on the part of Mr Holder, which for reasons neither hinted at nor explained is in not apparent in the content of this post in the least, and no more so in the linked post at American Lawyer, I have not the slightest compunction in condemning the author of this post for showing the most profound ignorance of the role legal counsel in this society, and in that, whether from such ignorance or some other cause, effectively casting an unjustified slur on Mr Holder’s reputation and standing.
In this country, any person charged with committing a crime, no matter how despised the person, no matter how despicable the crime, is entitled to an attorney in defense of the charge.
Similarly, every attorney, no matter whether acting for the government, or for the person charged, or in a divorce, or on a land acquisition, or in drafting a contract aimed at furthering a business deal, is required to use nothing but the very best efforts, and the unreserved application of all that lawyer’s knowledge and skills, to the full extent one can expect from any honest, honorable, ethical, diligent lawyer acting just as if for the most honorable of causes and most admirable of clients.
By that standard, which is the one and only standard that applies, prosecuting someone charged with kidnapping, raping and murdering a child is by professional definition no more or less honorable than defending that same person on the same charges. Moreover, while there have been many, many cases that should never have been prosecuted, and no doubt there will be many in future, there have never been cases that should not have been defended, and never will be.
Many non-lawyers, indeed too many lawyers, seem to think that those who start their careers in the criminal courts on one side or the other never go over to the side, because they cannot and should not.
As a lawyer who has spent well over a decade on each of those sides, it’s been my impression that on the whole those who refrain from the same kind of experience are much the poorer for so refraining, and those clients who find themselves represented by lawyers who’ve made a genuine effort to fill the role of their opposite side on the whole find themselves better served, very often as plainly so to non-lawyers as to those in the profession, and often enough greatly better served than those they oppose.
As with most social organizations, the prosecutor who is in fact, or at least is perceived to be successful, can expect to receive more and more important and challenging assignments. The expectation is somewhat different on the defense side, because there very often the ultimate consumers, those who ‘judge’ success have a different and far more complex measure stick for success. However, the American Lawyer piece makes clear that its author understood Mr Holder’s success to track greatly if not entirely to his standing, not among the ultimate consumers, but among his fellow professionals – in essence as ‘the lawyer’s lawyer’.
If that is accurate, then I must say I am greatly encouraged by Mr Holder’s having experienced both sides, and further by the apparent recognition of his peers of how well he performed in each. This is to be greatly valued over the prior experiences of the current AG and his two immediate predecessors, to say the very least.
I intend to return to this thread later to see if there is anything posted hereinafter that overcomes the bad seed planted in the post. I’m guessing there will be nothing of that sort. If I’m right on that, I call on the author consider withdrawing his post, and explain why, and in that indicate a sincere apology.
I clarify that I have not worked with or against Mr Holder, nor could he even remotely be characterized as a friend of mine, nor do I have any standing in or pull with the Obama campaign, the Obama transition team, and I have not the slightest expectation of being asked to be involved in the forthcoming Obama administration.
Karl Rove is just a political consultant helping clients, do you hold that against him? I mean, really, he is just doing his job. Just earning a living. Should we sing kumbaya and certify him for some position in a future cabinet? Hey, how you feel about Alberto Gonzales? He was just doing his job; just representing his client, the Bush Administration. Should he have been confirmed for AG??? If so, please explaing how in the living hell you rationalize the difference between these and Eric Holder.
Oh, by the way, Holder had a horrid reputation for divisiveness and causing rancor in the DOJ employees and attorneys under him, including the line level attorneys that comprise the backbone of the DOJ, when he last served in the DOJ leadership. Should we just whitewash that crappy resume item too in order to just give him a chance and sing some more kumbaya?
One last thing, back to the Chiquita deal. You do understand, do you not, that there is a world of difference between the ethical obligations to provide criminal defendants with the defense that the Constitution guarantees them as a fundamental right, and the pure cold blooded business decision to assist a criminally corrupt and dirty corporate enterprise complicit in mass death and oppression? Or is it all the same to you?
What would be enough for you to have second thoughts about maybe picking a better candidate? Or does it just not matter to you?
I should clarify that the public record shows there is much room to question Mr Holder on matter of substance, such things as his view that emphasizing the criminalization of drug use is a prudent approach to stopping the scourge of drug abuse; his failure to recognize from the outset the holes in the Bush administration’s case for invading Iraq; his views on rendition and treatment of those captured by the American military in the course of its prosecution of its War on Terror in Afghanistan, Iraq and elsewhere; and his apparently minor, but quite possible slipshod role in the Rich pardon.
I would hope that he has learned from those mistakes, that the Senate Judiciary Committee will press him on those. If he does not have an acceptable explanation for each, I will be as inclined to reject him as unsuitable every bit as much as the author of this post.
But not for acting for Chiquita.
ok, sorry, misunderstood
I disagree. Eric Holder is a dog as far as candidates for AG go, based on his previous stint at DOJ, and he has seen fit to lay down with dogs for big business and big money. He has earned the collar given him. Screw him; there are far better candidates, let Obama select one of the better ones. The country, and the DOJ, both needs and deserves better than Eric Holder.
I agree with your adding to the list Holder’s prior behavior in the DoJ.
We’ll have to agree to disagree on Chiquita.
Holder was dealing with Rod Hills. He knew exactly the score; it just didn’t bother him. If you understand the background of Rod Hills vis a vis all the Chiquita story and Holder, it becomes one heck of a lot more disgusting than you or the others here are giving credit for. This was a very bad operation; and the way it was whitewashed by these complicit assholes, including Holder and the Bush DOJ, does not just border on criminal, in my opinion it crosses that line quite clearly.
What is in this post barely scratches the surface of the sordid tale.
I posted # 31 before seeing you’re # 30.
I agree there are many other candidates as good, and a number better. You in particular know I’ve written as much before.
But I also see the point in Obama resorting to a high-ranking career professional, particularly one who was not only in the DoJ when Bush came in but was Deputy AG and effectively running the show by then.
Moreover, I continue to stress that there’s a huge, and frankly critical qualitative difference between Holder and all the Bush appointees, and I include both Bushes, and throw in Reagan for good measure. There shouldn’t be any suggestion of this nomination sparking anything like the controversies with any of the last 3, or that should have occasioned the rest.
Finally, recognizing you’ve been promoting Janet Napolitano for the AG post for some time [and I’ve been consistent in agreeing with you on that.], I also see her appointment to DHS as more important, at least at this moment in the history of the Union – plus there’s only one of her.
If we’re going to get into a useful discussion here [and I know that’s what you intend], I suggest we focus on how, if we were the SJC, we would challenge Holder there, and whether ANY response he could provide to the real and valid concerns with him would be acceptable.
Explain your guarantees, please.
Agreed. My beef is with others that really have no clue about the nature of legal duties treating this representation as some kind of honorable deal that he was obligated to do like criminal lawyers cases entail. That just is not the case. This was completely voluntary. A guy of Holder’s status has plenty of opportunities to make plenty of money without throwing his lot in with a filthy dirty corporation complicit in both sides of foreign death squad activity in literally a banana republic. If he had represented death squads in Darfur, would people feel the same? Why is this different?
Oh, and his engagement of Scooter Libby on behalf of Marc Rich was more extensive than people are letting on too. But the kumbaya crowd doesn’t want to look at of for that, they just buy the happy horseshit talking points issued by holder’s PR crew as the gospel. Except it’s not.
No kidding. With Holder’s track record in the past, you would have to be fairly uninformed to make that statement.
Under our system “Holder and the Bush DoJ” just cannot be conflated, glibly or otherwise. I have no problem with his acting for Chiquita sticking in your craw, insofar as coloring your motivation for objecting to his nomination on other grounds; that’s entirely your prerogative. But asserting Chiquita as a point for rationalizing objection to it is a complete non-starter for me, and frankly I cannot see how it would or should work at the SJC level.
I also think the Rich pardon is picayune, in light of his role. I confess that years ago I found myself in a somewhat comparable role, and while that certainly hasn’t worked out with anything like the same level of notoriety, I still take heat for doing what I honestly thought at the time was the right thing, albeit I readily admit to wishing I’d had more time and a bit more prescience as to how history might judge it [I have come to realize there was very likely a connection between those two which some hoped I was just naive enough to miss acting on.]
My biggest concerns with Holder remain the faulty [I hope simply then naive] thinking behind his illegal drugs initiative [among other things, how that shows up in our over-filled prisons], and his series of brain squeezes from 9/11 on with prisoners [which I would expect has been the subject of discussion with Obama]. I state these two notwithstanding it wouldn’t surprise me in the least if absolutely no one raises them there – maybe Whitehouse.
If it is possible to conspire with a corrupt prosecutor to obstruct justice, then Holder and the Bush DOJ are guilty of exactly that. Now the theoretical question is can the government so conspire? My personal take is that the government cannot, but unethical prosecutors certainly can. When an attorney such as Mr. Holder knows that what is going on would NEVER occur in any other iteration of the DOJ and that the Bush DOJ was actively trying to assist Bush friend and Bush/Cheney insider Rod Hills (his wife Carla Hills is in the picture too quite frankly) get away with blatant national and international crimes; I see that as a very questionable mark on his ethics. I am telling you, there is just more to this stuff than you are seeing. But I will amicably agree to disagree.
Criminally corrupt and dirty corporate enterprises complicit in mass death and oppression deserve the best representation their ill-gotten gains can afford them in our current system, but that same representative does not then deserve to be the People’s Lawyer, our Attorney General, the highest law enforcement officer in the land.
Especially when the department he will head is at absolute rock-bottom in its checkered history.
Pick someone else, please, President-Elect Obama.
The current goal, the one which is the purpose of this blog post and subsequent comments and discussion, is not to inform or affect Mr Holder’s confirmation hearings at the JComm in January. The immediate goal is to occasion Mr Obama to nominate another AG.
Colombia
Cocaine
Chiquita
CIA
Criminalization (maximizes revenues)
Coincidence?
AG’S I’D LIKE TO SEE:
David Iglesias
Patrick Fitzgerald
Francis Boyle
tp and bmaz,
i would like to hear more from both of you on this subject when the time comes.
hi. the chiquita anti-labor union policy is US policy… or have you not woken up to the reality of the corporatocracy yet? how else do you think that fruit cart gets stocked fresh each morning? chiquita banana was formerly known as the United Fruit Company (owned by george h.w. bush). thanks for reading.
Free Trade = Anti-Labor