“Still Some Work to be Done” Attorney General Holder Before Senate Judiciary

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Attorney General (AG) Holder spoke before the Senate Committee on the Judiciary today in an oversight hearing on the Department of Justice (DOJ). The majority of the approximately three hours of back and forth related to the attorney general's recent decision to prosecute several Guantánamo detainees in federal criminal court in New York. From his hot seat, the attorney general stated that his primary responsibility must be to deal with national security matters. In a response to a question by democratic Senator Ben Cardin from Maryland, however, AG Holder acknowledged that civil rights issues must not be abandoned. Senator Cardin reminded the audience that these issues "were not given the priority they deserved under the previous administration." AG Holder responded by saying that he viewed the civil rights division of the DOJ as the ‘conscience" of the country. He stated that he expected the recently installed Assistant Attorney General for the Civil Rights Division, Tom Perez, to be a great help to DOJ's civil rights pursuits. The civil rights division "is coming back," said Holder, and cited the number of cases filed and the locations in which the division has opened investigations as evidence in support of his statement. But he conceded that "there's still some work to be done."

AG Holder's written testimony submitted for the congressional record included a commitment to ending racial profiling. He specifically noted his attention to the Department's 2003 Guidance Regarding the Use of Race by Federal Law Enforcement Agencies, guidance which has come under considerable criticism by the Rights Working Group and others. The Guidance has significant loopholes that undermine its stated purpose-to eliminate racial profiling in law enforcement. AG Holder wrote that, "We need to ensure that our policy allows us to perform our core law enforcement and national security responsibilities with legitimacy, accountability, and transparency. Therefore, I have initiated an internal review to evaluate the 2003 Guidance and to recommend any changes that may be warranted." The Rights Working Group welcomes this long overdue and much needed review.