Eric Holder: 'You lead by example'

by Mark Silva

An embattled Justice Department came face to face with its past today, with a federal judge not only tossing criminal charges against Alaska's former Sen. Ted Stevens, but also assigning a special prosecutor to investigate Justice's mishandling of the case.

Eric Holder, the new Obama-appointed attorney general who made a quick review of the Stevens prosecution by the Bush-appointed Justice Department, called for all charges against the Republican Stevens, the longest-serving Republican in the Senate until his conviction in October cost him reelection, to be dropped. Holder also initiated his own internal inquiry of his department's conduct.

But Emmet Sullivan, a federal judge in Washington who once servied alongside Holder on the Superior Court bench here, announced today that Justice cannot be left to investigate itself in this matter, that it will take an outside, independent prosecutor.

"Isn't this a pretty stunning vote of no confidence in the Justice Department's ability to investigate itself?'' CBS news anchor Katie Couric asked Holder in an interview that aired tonight on the CBS Evening News.

"No, I don't think so,'' Holder said of the order from a judge whom he acknolwedged as an old friend. " I mean, I think the judge has decided on the basis of what he has seen in front of him that-- this step is necessary. And I think we are fully capable of looking at-- ourselves, if that was necessary. But the judge has made this determination.''

"What will you do to restore the integrity of this department, which has been, as you know, badly tarnished?'' Couric asked Holder.

"Well, you lead by example,'' Holder replied. "And what I think I did in the Stevens case -- a great pain was to tell the world, 'This is not the way in which this Justice Department will conduct itself.'"

See the full interview, courtesy of CBS News:

ERIC HOLDER: Well, I'm obviously troubled by the findings that-- and the statements that-- Judge Sullivan has made. But we'll cooperate fully with the investigation that has been ordered. Judge Sullivan is an old colleague of mine. We served together on the bench here in the DC superior court. So we'll-- we'll provide the documents and make people available as is needed.

KATIE COURIC: But isn't this a pretty stunning vote of no confidence in the justice department's ability to investigate itself?

ERIC HOLDER: No, I don't think so. I mean, I think the judge has decided on the basis of what he has seen in front of him that-- this step is necessary. And I think we are fully capable of looking at-- ourselves, if that was necessary. But the judge has made this determination. And as I say, we'll cooperate with him.

KATIE COURIC: But he suggested that the department has dragged it's feet, looking into the misconduct.

ERIC HOLDER: No, I don't think anybody can say that, given the fact that, in this limited time that I've been-- attorney general, I looked at the case, decided that mistakes had been made. And made the determination that the case had to be dismissed, looking at the totality of the circumstances. I've only been-- attorney general for a little over eight weeks now. I don't think that anybody can say that this department has dragged it's feet.

KATIE COURIC: You're reportedly close to the lead prosecutor, Brenda Morris, who's under investigation for failing, among other things, to disclose crucial information to defense lawyers in this case. Another target of the investigation is, apparently, William Welch, who's head of the office, ironically, of public integrity. Will you fire either one of them? Will they stay on during the course of these investigations?

ERIC HOLDER: Unless there's some basis for me to decide if they have something wrong-- they'll remain in place.

KATIE COURIC: Do you think these prosecutors were politically motivated?

ERIC HOLDER: No, I don't think so.

KATIE COURIC: Just incompetent? Irresponsible? What?

ERIC HOLDER: We'll have to see what the-- investigation shows. But-- I'd be very surprised to see-- if these lawyers had anything-- any political motivation.

KATIE COURIC: What would you say, attorney general Holder, to Ted Stevens today?

ERIC HOLDER: Well, I would tell-- Senator Stevens, and I would tell the American people that I look at this case as quickly as I could. I was disturbed by what I saw. And I took action as quickly as I could with regard to what I thought the appropriate thing for the justice department-- to do was.

KATIE COURIC: What about the next time your department has to prosecute a high ranking public official? Why should Americans feel confident that your prosecutors will be fair and ethical?

ERIC HOLDER: Because history has shown that the people who work in this department are good lawyers. They're fair lawyers. They follow the rules. We're not gonna be timid. People should not take from this episode any indication that we're going to be intimidated into enforcing the laws, going after those who-- who break our laws, especially those who are entrusted-- with great political positions. That is gonna be a focus of-- this department under me. We're gonna go after white collar criminals.

KATIE COURIC: What will you do to restore the integrity of this department, which has been, as you know, badly tarnished?

ERIC HOLDER: Well, you lead by example. And what I think I did in the Stevens case-- a great pain was to tell the world, "This is not the way in which this justice department will conduct itself."