Independent’s Day

Other missteps were made directly by Holder. Early on, he gave a speech on race relations in honor of Black History Month. He used the infelicitous phrase "nation of cowards" to describe the hair trigger that Americans are on when it comes to race. The quote churned through the cable conversation for a couple of news cycles and caused significant heartburn at the White House; Holder had not vetted the language with his staff. A few weeks later, he told reporters he planned to push for reinstating the ban on assault weapons, which had expired in 2004. He was simply repeating a position that Obama had taken on numerous occasions during the campaign, but at a time when the White House was desperate to win over pro-gun moderate Democrats in Congress. "It's not what we wanted to talk about," said one annoyed White House official, who declined to be identified criticizing the attorney general.

The miscues began to reinforce a narrative that Justice has had a hard time shaking. White House officials have complained that Holder and his staff are not sufficiently attuned to their political needs. Holder is well liked inside the department. His relaxed, unpretentious style—on a flight to Rome in May for a meeting of justice ministers, he popped out of his cabin with his iPod on, mimicking Bobby Darin performing "Beyond the Sea"—has bred tremendous loyalty among his personal staff. But that staff is largely made up of veteran prosecutors and lawyers whom Holder has known and worked with for years. They do not see the president's political fortunes as their primary concern. Among some White House officials there is a not-too-subtle undertone suggesting that Holder has "overlearned the lessons of Marc Rich," as one administration official said to me.

The tensions came to a head in June. By then, Congress was in full revolt over the prospect of Gitmo detainees being transferred to the United States, and the Senate had already voted to block funding to shut down Guantánamo. On the afternoon of June 3, a White House official called Holder's office to let him know that a compromise had been reached with Senate Democrats. The deal had been cut without input from Justice, according to three department officials who did not want to be identified discussing internal matters, and it imposed onerous restrictions that would make it harder to move detainees from Cuba to the United States.

Especially galling was the fact that the White House then asked Holder to go up to the Hill that evening to meet with Senate Democrats and bless the deal. Holder declined—a snub in the delicate dance of Washington politics—and in-stead dispatched the deputy attorney general in his place. Ultimately the measure passed, despite Justice's objections. Obama aides deny that they left Holder out of the loop. "There was no decision to cut them out, and they were not cut out," says one White House official. "That's a misunderstanding."

Holder is clearly not looking to have a contentious relationship with the White House. It's not his nature, and he knows it's not smart politics. His desire to get along has proved useful in his career before, and may now. Emanuel attributes any early problems to the fact that "everyone was getting their sea legs," and insists things have been patched up. "It's not like we're all sitting around singing 'Kumbaya,' " he says, but he insists that Obama got in Holder exactly what he wanted: "a strong, independent leader."

There's an obvious affinity between Holder and the man who appointed him to be the first black attorney general of the United States. They are both black men raised outside the conventional African-American tradition who worked their way to the top of the meritocracy. They are lawyers committed to translating the law into justice. Having spent most of their adult lives in the public arena, both know intimately the tug of war between principle and pragmatism. Obama, Holder says confidently, "understands the nature of what we do at the Justice Department in a way no recent president has. He's a damn good lawyer, and he understands the value of having an independent attorney general."

The next few weeks, though, could test Holder's confidence. After the prospect of torture investigations seemed to lose momentum in April, the attorney general and his aides turned to other pressing issues. They were preoccupied with Gitmo, developing a hugely complex new set of detention and prosecution policies, and putting out the daily fires that go along with running a 110,000-person department. The regular meetings Holder's team had been having on the torture question died down. Some aides began to wonder whether the idea of appointing a prosecutor was off the table.