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The Los Angeles Times today reported:

Attorney general nominee Eric H. Holder Jr. repeatedly pushed some of his subordinates at the Clinton Justice Department to drop their opposition to a controversial 1999 grant of clemency to 16 members of two violent Puerto Rican nationalist organizations, according to interviews and documents.

Details of the role played by Holder, who was deputy attorney general at the time, had not been publicly known until now. The new details are of particular interest because Republican senators have vowed to revisit Holder’s role during his confirmation hearings next week.
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Some religious groups and influential individuals, including President Carter, had endorsed the commutations. But Clinton’s decision outraged law enforcement officials, who had tried to contain a bombing campaign in New York, Chicago and elsewhere in the 1970s and 1980s by groups seeking independence for Puerto Rico from the United States.

New interviews and an examination of previously undisclosed documents indicate that Holder played an active role in changing the position of the Justice Department on the commutations.

Holder instructed his staff at Justice’s Office of the Pardon Attorney to effectively replace the department’s original report recommending against any commutations, which had been sent to the White House in 1996, with one that favored clemency for at least half the prisoners, according to these interviews and documents.

And after Pardon Attorney Roger Adams resisted, Holder’s chief of staff instructed him to draft a neutral “options memo” instead, Adams said. The options memo allowed Clinton to grant the commutations without appearing to go against the Justice Department’s wishes, Adams and his predecessor, Margaret Colgate Love, said in their first public comments on the case.

“I remember this well, because it was such a big deal to consider clemency for a group of people convicted of such heinous crimes,” said Adams, the agency’s top pardon lawyer from 1997 until 2008. He said he told Holder of his “strong opposition to any clemency in several internal memos and a draft report recommending denial” and in at least one face-to-face meeting. But each time Holder wasn’t satisfied, Adams said.

The 16 members of the FALN (the Spanish acronym for Armed Forces of National Liberation) and Los Macheteros had been convicted in Chicago and Hartford variously of bank robbery, possession of explosives and participating in a seditious conspiracy. Overall, the two groups had been linked by the FBI to more than 130 bombings, several armed robberies, six slayings and hundreds of injuries.

Although unmentioned in the L.A. Times’ report, none of the convicted FALN (and Los Macheteros) members personally requested clemency or pardon. Debra Burlingame wrote of this last February, in the Wall Street Journal:

Mr. Clinton justified the clemencies by asserting that the sentences were disproportionate to the crimes. None of the petitioners, he stated, had been directly involved in crimes that caused bodily harm to anyone. “For me,” the president concluded, “the question, therefore, was whether their continuing incarceration served any meaningful purpose.”

His comments, including the astonishing claim that the FALN prisoners were being unfairly punished because of “guilt by association,” were widely condemned as a concession to terrorists. Further, they were seen as an outrageous slap in the face of the victims and a bitter betrayal of the cops and federal law enforcement officers who had put their lives on the line to protect the public and who had invested years of their careers to put these people behind bars. The U.S. Sentencing Commission affirmed a pre-existing Justice Department assessment that the sentences, ranging from 30 to 90 years, were “in line with sentences imposed in other cases for similar terrorist activity.”

The prisoners were convicted on a variety of charges that included conspiracy, sedition, violation of the Hobbes Act (extortion by force, violence or fear), armed robbery and illegal possession of weapons and explosives — including large quantities of C-4 plastic explosive, dynamite and huge caches of ammunition. Mr. Clinton’s action was opposed by the FBI, the Bureau of Prisons, the U.S. attorney offices that prosecuted the cases and the victims whose lives had been shattered. In contravention of standard procedures, none of these agencies, victims or families of victims were consulted or notified prior to the president’s announcement.

“I know the chilling evidence that convicted the petitioners,” wrote Deborah Devaney, one of the federal prosecutors who spent years on the cases. “The conspirators made every effort to murder and maim. … A few dedicated federal agents are the only people who stood in their way.”

Observed Judge George Layton, who sentenced four FALN defendants for their conspiracy to use military-grade explosives to break an FALN leader from Ft. Leavenworth Penitentiary and detonate bombs at other public buildings, “[T]his case … represents one of the finest examples of preventive law enforcement that has ever come to this court’s attention in the 20-odd years it has been a judge and in the 20 years before that as a practicing lawyer in criminal cases.”

The FBI cracked the cases with the discovery of an FALN safe house and bomb factory. Video surveillance showed two of those on the clemency list firing weapons and building bombs intended for an imminent attack at a U.S. military installation. FBI agents obtained a warrant and entered the premises, surreptitiously disarming the bombs whose components bore the unmistakable FALN signature. They found 24 pounds of dynamite, 24 blasting caps, weapons, disguises, false IDs and thousands of rounds of ammunition.

A total of six safe houses were ultimately uncovered. Seven hundred hours of surveillance video were recorded, resulting in a mountain of evidence connecting the 16 prisoners to multiple FALN operations past and present.

Federal law enforcement agencies considered these individuals so dangerous, extraordinary security precautions were taken at their numerous trials. Courthouse elevators were restricted and no one, including the court officers, was permitted to carry a firearm in the courtroom.

Given all this, why would Bill Clinton, who had ignored the 3,226 clemency petitions that had piled up on his desk over the years, suddenly reach into the stack and pluck out these 16 meritless cases? (The New York Times ran a column with the headline, “Bill’s Little Gift.”)

Hillary Rodham Clinton was in the midst of her state-wide “listening tour” in anticipation of her run for the U.S. Senate in New York, a state which included 1.3 million Hispanics. Three members of the Congressional Hispanic Caucus — Luis V. Gutierrez (D., Ill.), Jose E. Serrano, (D., N.Y.) and Nydia M. Velazquez, (D., N.Y.) — along with local Hispanic politicians and leftist human-rights advocates, had been agitating for years on behalf of the FALN cases directly to the White House and first lady.

Initial reports stated that Mrs. Clinton supported the clemencies, but when public reaction went negative she changed course, issuing a short statement three weeks after the clemencies were announced. The prisoners’ delay in refusing to renounce violence “speaks volumes,” she said.

The Clintons were caught in an awkward predicament of their own making. The president had ignored federal guidelines for commutation of sentences, including the most fundamental: The prisoners hadn’t actually asked for clemency.

Even Adams’ revised ‘recommendation neutral‘ memo makes no mention of their applying for clemency or pardon, only of the public discussion, pro and con. In addition, he spelled out why the “20-year sentence” reasoning did not fit all under consideration, and pointed out that the one already conditionally released, Antonio Comacho-Negron, immediately proved to be unrepentant.

It has become obvious that President Clinton wanted clemency for these domestic terrorists far more than they deserved and that Eric Holder willingly intimidated his own subordinates to provide his boss political cover.

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Michelle Malkin and HotAir.com have more.

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