In its NRO editorial on Eric Holder, the NRO editors pointed out the congressional report that had described his conduct in the Marc Rich pardon as “unconscionable.” I haven’t seen the report linked to online, but you can find the report here: Justice Undone: Clememcy Decisions in the Clinton White House (2002), by the House Committee on Government Reform chaired by Dan Burton. (Search for “unconscionable” to get to the key section.)
The report offers a combination of factual reporting and speculation, and it contends that Holder’s action in the Marc Rich pardon was “unconscionable” mostly because it bypassed the career attorneys who clearly opposed the pardon:
One of Holder’s primary duties in the pardon process was to make sure that the views of the Justice Department were adequately represented in the pardon process. In addition, as a Justice Department employee, he was bound by federal regulations that required the Justice Department to review pardon petitions before they were presented to the White House. Finally, as a simple matter of prudence, Holder should have ensured that he knew something about the pardon before he took action that substantially assisted the chances that the pardon would be issued. By helping Quinn circumvent the Justice Department, Holder ensured that his own prosecutors would not be able to express their opinion about the Rich case. In so doing, Holder disserved his own Department, as well as the statutes he was sworn to uphold.
I’m not sure what the statutes were that were allegedly violated (I haven’t read the full report yet), but I did want to just flag the report for readers who are interested in following the Holder nomination.