The New York Times reported yesterday that Holder, a former member of the ACS Board of Directors, "has switched from resisting what he had considered encroachment by White House officials to seeking their guidance." According to The Times a catalyst was the Justice Department's decision to prosecute Khalid Sheikh Mohammed, who has said he plotted the Sept. 11 terrorist strikes, and four co-conspirators, in federal court instead of a military tribunal. Indeed, Holder told The Times that political attacks on that decision were "starting to constrain my ability to function as attorney general."
In an article for The New Yorker, Jane Mayer explores tensions between some in the White House and the Justice Department, especially over the decision on Mohammed. Explaining some of his reasoning, Holder said that the administration should not rely on the controversial interrogation techniques used by the Bush administration to bring justice to the alleged Sept. 11 conspirators. "We are not going to use the products of interrogation techniques that this President has banned," Holder said.