Grrrr. Arrrgh. via massdistraction.

Looks like the GOP tactics have lost their scary mojo.  Someone at the normally more pliant WaPo editorial page had their Wheaties:

Let’s put aside, for the moment, the fact that the Justice Department under President Bush was perhaps the most politicized in a generation — and that among the most warped sections of the Bush Justice Department was the OLC. It is nonetheless legitimate to ask whether Ms. Johnsen will behave as badly as some of her immediate predecessors.

Walter Dellinger III, Ms. Johnsen’s boss during many of her years in the Clinton administration, wrote in a recent article in Politico that Ms. Johnsen’s "commitment to the rule of law allowed her to put aside immediately and emphatically the confounding influences of policy preferences, political partiality and pressure from important governmental clients. . . ." Douglas Kmiec, a conservative and former Reagan OLC lawyer, cited in Legal Times several cases in which Ms. Johnsen "observed the law" even though it was at odds with her personal beliefs.

Why am I making so much fuss about an obscure legal office within the DOJ that, until the antics of John Yoo and company, most folks never even knew it existed? This is why:

As this discussion emphasizes, the OLC occupies a pivotal position as the final check in advance on the legality of proposed government conduct. The essence of the rule of law is that government officials are bound by and act consistent with the law. Ensuring compliance with the rule of law is the very point and purpose of the OLC.

If the OLC lawyers do not carry out this role with integrity, the institutional arrangement designed to preserve the rule of law is fatally compromised. There is nothing to stop illegal government activity at the highest levels. More to the point, a compromised OLC can play an affirmative role in aiding and abetting illegal activity because its legal opinions supply in advance a strong defense to putative law-breakers. This increases the likelihood that illegal activity will take place (as in this instance, when CIA agents were reluctant to utilize the interrogation techniques without the "golden shield" provided by the legal opinions).

This is about restoring the rule of law and the integrity of justice. Plain and simple.

It’s well past time that Dawn Johnsen’s nomination was scheduled for a vote. Call Harry Reid’s office — (202) 224-3542 — and tell him to lead on this. Now. Also, please call your Senators and tell them to vote FOR cloture and FOR Dawn Johnsen for OLC.

Justice may be blind, but law enforcement is not.  Where questions of laws being deliberately and knowingly broken by high-level officials are raised, with no legal accountability enforced?

Imagine how that ripples out across the broad spectrum of public law enforcement institutions as the example set.

Watching President Obama’s press conference last night, I was struck by a number of things.  None more than the tightrope he is trying to walk between the political landmines being laid for him by Cheney apologists on torture.

But in doing so, I think President Obama misses the point: this should not and cannot be a question of politics.

Note how Jake Tapper here only asks about violations of the Geneva Conventions and international law.  In doing so, he sets up a false front excuse for conservative apologists who declaim "softness on terror" as a European construct, while their macho American posturing supposedly evokes strength.  But Tapper deliberately or ignorantly glosses over the fact that these policies and the OLC memoranda which supported them violated longstanding US law as well.

Not just once, but over and over again. 

Not just in the heated aftermath of 9/11, but deliberately and methodically over a period of years, in memo after memo, act after act, presidential order after presidential order.  This was not a frenzied policy decision in the heat of the moment to be repented once heads cooled, it was a deliberate policy choice for which the many levers of government were bent and twisted to conform.

This must be a question of the rule of law which has, for too long now, been shoved to the side due to expediency in an ends justifies the means frenzy of retribution. 

Especially in cases of official action, where the full power of the US government was exercised not in upholding the law, but in knowingly flouting it. (more…)

Pieces via Chaval Brasil.

Just a few bits and pieces from around the blogs:

–  Best headline of the week?  tbogg by a [s]mile.

– SEIU is liveblogging the Bank of America shareholders meeting.  Note the total non-arrogance of Ken Lewis in the face of shareholders who dare to question his authoritay.  Ahem.

– Who is this handsome fella? Um…yeah…the one on the right.  Anyone else just feel a tremor in the force?

– For folks who have been following things in the Gulf Coast, it’s a NOLA good news story. This is just excellent. Truly.

– Speaking of NOLA, I’m planning on having some beignets and cafe au lait at Cafe du Monde on May 19th (a Tuesday) at 10:30 am. Mr. ReddHedd will be along for the coffee fix as well.  Hope some NOLA folks can join me or drop by to say howdy. Am working on an evening drinks or something-or-other too, so if folks have suggestions or requests, let me know.

–  Why is Dawn Johnsen’s nomination still not on the Senate schedule?  Good question.

– Via dday: Just when you think the stupid can’t possibly burn you more. Seriously.

– Kosher flu renaming advocacy? Because authorities really need to concentrate on THAT instead of public health considerations right now. Yeppers.

– Just go read Tom Tomorrow.

– And then laugh out loud at the ludicrousity.

What’s catching your eye on the blogs or in the news?

Not to get all cocky or anything…because lord knows we can’t depend on the likes of Joe Lieberman (I-Party of One) or the newly minted Arlen Specter (D-Haggis). But even with the jello spined and treacherous among us, this recent bit of news on “the math” starts making the GOP Senate oppo on Dawn Johnsen look like kabuki dinner theater. What’s this is bit of good news on the Dawn Johnsen front, you ask? Let’s call it getting tough to count to 60, GOP, when people like Richard Lugar say things like this

Something else worth noting from the PFAW-sponsored press call in support of Dawn Johnsen yesterday.  Doug Kmiec pointedly called out something that was missing from the OLC torture memo context…

And

During a PFAW-sponsored press call yesterday, Douglas Kmiec had the following to say: Dawn and I are people who come from different points on the policy spectrum. But one of the things that I’ve long admired about her is her independence of mind.

The GOPeevish keep jacking up the nopes. Look what all their empty gestures are getting for the American public. Exhibit A: That swine flu epidemic that may be headed across the globe? Wondering why we don’t yet have a CDC Director? Effect? Meet cause

My most vivid memories of Bea Arthur were of her groundbreaking role in Maude.

She was sassy, saucy and brash. And, as I kid, I loved her for her deadpan delivery of a good straight line at just the right time. She cracked my granny up every week.

But most of all, I loved her — and the incredible folks who wrote the show, including the genius that was