Is GOP Opposition To Johnsen And Koh Falling Apart?

I’ve been hearing conflicting reports about weakening GOP opposition to OLC nominee Dawn Johnsen and State department lawyer Harold Koh. So much so that it’s become a bit like a ping pong match in my in-box on where things stand.

There have been some very high profile conservatives standing up FOR these nominees. Ted Olsen for Harold Koh:

I have the greatest respect for Harold Koh,” Olson said. “He’s a brilliant scholar and a man of great integrity.

And most recently, Ken Starr:

In a speech at Yale Law School on Thursday, conservative icon Kenneth Starr announced his support for Koh before an audience of about 95 students and professors…

And former Reagan OLC head Doug Kmiec went to bat for Dawn Johnsen in Legal Times:

Sen. John Cornyn (R-Texas) properly insists that the next OLC chief must be of the “requisite seriousness.” Johnsen is. She understands the fundamental difference between academic commentary and giving legal opinion on behalf of the United States. That she has sharply criticized some conservative policy is no more relevant to her ability than if she liked outré modern art and displayed it in her living room. Indeed, as a former OLC deputy (during the Clinton administration) and a respected scholar of the executive, she has a uniquely well-informed understanding of the OLC’s role as honest broker. For this reason alone, she merits the Senate’s approval.

Add that to public support from former Clinton-era OLC chief Walter Dellinger, and then ask Sen. Cornyn to explain his "not serious" comment again.

The best thing anyone can do is nudge at the weak spots as much as possible.  It occurred to me that since Easter recess is ongoing, lots of elected folks may be making public appearances around their states. Which makes for some interesting public questioning opportunities.

For example:

– Sen. Tom Coburn, who used to toe a bright line "no filibusters" rule when Bush was in office, now isn’t so clear. Sen. Coburn will be holding multiple town meetings all over OK over the Easter recess. If anyone can get him on the record on this, I’d love to post about it. And if you can get him on video, even better!

DiFi has been hinky in her public statements, especially on Johnsen, but I can’t seem to find any public town hall information for her anywhere.  She could definitely use some calls from constituents on this.

I’m currently searching for more public town halls and other meeting information for members of the Senate. If you know of such a meeting, let me know where and when and we’ll try to get them up for everyone.

Ask your Senators whether they’ll stand up for the rule of law — or continuing to sweep bad acts under the rug. Let’s get them on record!

 
72 Responses to "Is GOP Opposition To Johnsen And Koh Falling Apart?"
demi | Tuesday April 14, 2009 06:07 am 1

Good Morning Christy.
I can give Diane a call today. After cup number two, tho. Would an email be just as effective, do you think? She usually responds to those, and then we might have her on record.


foothillsmike | Tuesday April 14, 2009 06:12 am 2

Morning Christy, The rethugs are in opposition to all things Demo. When the light is shown on their idiocy they slink away.


selise | Tuesday April 14, 2009 06:13 am 3

morning christy. do you think these appointments will have any impact on obama’s policies?

from glenn: An emerging progressive consensus on Obama’s executive power and secrecy abuses

In the last week alone, the Obama DOJ (a) attempted to shield Bush’s illegal spying programs from judicial review by (yet again) invoking the very “state secrets” argument that Democrats spent years condemning and by inventing a brand new “sovereign immunity” claim that not even the Bush administration espoused, and (b) argued that individuals abducted outside of Afghanistan by the U.S. and then “rendered” to and imprisoned in Bagram have no rights of any kind — not even to have a hearing to contest the accusations against them — even if they are not Afghans and were captured far away from any “battlefield.” These were merely the latest — and among the most disturbing — in a string of episodes in which the Obama administration has explicitly claimed to possess the very presidential powers that Bush critics spent years condemning as radical, lawless and authoritarian.


cbl2 | Tuesday April 14, 2009 06:16 am 4

Good Morning Christy and Firedogs,

I knew and was not surprised by Olsen, but Ken Starr ? . . . wowzers !

so I wonder who Cornyn will trot out to counter


Christy Hardin Smith | Tuesday April 14, 2009 06:18 am 5

Morning all — just got back from taking the FIL to a doctor appointment. Did I miss anything?


RevBev | Tuesday April 14, 2009 06:21 am 6

We need to note that Cornyn likely doesn’t know serious when he sees it…recall the remark of Molly Ivins: He’s a “good looking s…b.” I think she meant pretty boy with no other serious qualifications….not to speak for Molly, to be sure.


barbara | Tuesday April 14, 2009 06:21 am 7
In response to Christy Hardin Smith @ 5

Yes, you did. You missed a bit “atta girl” for all you’re doing for the FIL. barbara knows!

And as for the rest of this, wouldn’t it be wonderful if something could happen without a big fat neoconniption fit???


barbara | Tuesday April 14, 2009 06:22 am 8
In response to barbara @ 7

bit big (sigh)


Christy Hardin Smith | Tuesday April 14, 2009 06:23 am 9
In response to selise @ 3

Yes, I do. Both Johnsen and Koh are excellent — and adding their voices to the mix would be a huge plus in my book. Would they guarantee something better? No — no way to do that, but having them in the argument would make me very happy.


WarOnWarOff | Tuesday April 14, 2009 06:23 am 10

Think I’ll write a little notey to Cornholey…


Christy Hardin Smith | Tuesday April 14, 2009 06:23 am 11
In response to demi @ 1

I’d do both, to be honest. Double team on it.


Christy Hardin Smith | Tuesday April 14, 2009 06:25 am 12
In response to barbara @ 7

I’m exhausted today. I’m sure you remember that well. But, what are you going ot do? It’s family…

It would be nice if there were no hoohaw, but I’m not holding my breath. SIGH


selise | Tuesday April 14, 2009 06:28 am 13
In response to Christy Hardin Smith @ 9

i so hope you are right. but for the moment though, i’m putting the obama doj near the top of my list of current problems, and am about ready to hope to see them in the dock for covering up evidence of torture.


Peterr | Tuesday April 14, 2009 06:28 am 14

DiFi’s Senate website advertises “Breakfast with Dianne” for her constituents who are in DC:

Most weeks when the Senate is in session, I host a breakfast on Wednesday or Thursday morning for my constituents who are visiting Washington, D.C., and I would love for you to be my guest. The breakfast begins at 8:30 a.m. and concludes at 9:30 a.m. Please arrive at 8:15 a.m. to be seated. Breakfast is complimentary and is not paid for at government expense.

I hold these breakfasts so that I can listen to your concerns regarding California and our nation, and answer any questions you may have for me. I will also share with you my views on the important issues facing our great state and the United States Senate.

We can accommodate a large number of people at the breakfasts, but I ask that you please make a reservation in advance.

The next couple breakfasts are April 22, April 29, and May 6.

My only question is “Can we get Teddy a reservation and a plane ticket?”


selise | Tuesday April 14, 2009 06:28 am 15

(((christy)))


cbl2 | Tuesday April 14, 2009 06:29 am 16
In response to RevBev @ 6

fyi -
ginger beer available at Spec’s


Christy Hardin Smith | Tuesday April 14, 2009 06:29 am 17
In response to cbl2 @ 4

The Ken Starr thing blew my mind a little, too — he rarely steps out of line on something like this. Which makes his comment on respecting Koh that much stronger in terms of a personal statement, I think, not that it will matter to the wingnuttiest among us though.


Petrocelli | Tuesday April 14, 2009 06:31 am 18
In response to cbl2 @ 16

wOOt ! Have you tried the Ginger Beer ?

G’Morning Christy & firepups !


Christy Hardin Smith | Tuesday April 14, 2009 06:31 am 19
In response to WarOnWarOff @ 10

Perhaps you might not want to call him Cornholey in your missive. Just a thought. *G*


cbl2 | Tuesday April 14, 2009 06:31 am 20

selise

mornin’ . do you know if the Maloney hearing featuring Stiglitz and Johnson will be broadcast via teevee or online ?


Christy Hardin Smith | Tuesday April 14, 2009 06:33 am 21
In response to selise @ 13

Am hoping to finish up a piece on that for later, actually. Didn’t get it done last night and have been running around like a crazy person this morning. Will suck down a cuppa coffee and see what I can get up for you all in a bit. I’m peeved, but trying to figure out some constructive way to hit it, ya know?


demi | Tuesday April 14, 2009 06:34 am 22

Gotcha. Will do.


cbl2 | Tuesday April 14, 2009 06:34 am 23

Petro,

just happened to catch RevBev mention she’s on the local look out for it. although I have tried and liked it in various places in the Great White North :D


Petrocelli | Tuesday April 14, 2009 06:35 am 24

I’ve said it before … the biggest fight happening in America is within the Repug party for control of the party.

The Dems would do well to keep this fight going for the next 8- 12 years …


JimWhite | Tuesday April 14, 2009 06:36 am 25

This is encouraging news, Christy. Thanks for staying on this topic. As selise says, fixing DOJ is one of the top jobs for fixing the country.


Petrocelli | Tuesday April 14, 2009 06:37 am 26
In response to cbl2 @ 23

Not to brag but you haven’t had real Ginger Beer ’til you’ve had my Mom’s(everyone says that though). The homemade drink is deelish !


RevBev | Tuesday April 14, 2009 06:38 am 27
In response to barbara @ 7

Barbara….been waiting & waiting. Are you celebrating or what? So happy that an end may be in sight (yeh, not counting my chickens)

Cbl2, Thanks. I would not have thought of that…Great.


Christy Hardin Smith | Tuesday April 14, 2009 06:39 am 28
In response to Petrocelli @ 24

Yes, but that would take strategery on their part and, frankly, I despair of that occurring in the way it ought to happen. SIGH Here’s hoping they stumble onto it and the GOP keeps it going on ego and fumes on their own…


WarOnWarOff | Tuesday April 14, 2009 06:39 am 29

;) I was good, I was good! Only quoted Kmiec, and ended with the question “Who lacks the ‘requisite seriousness’ NOW?”


RevBev | Tuesday April 14, 2009 06:40 am 30
In response to Petrocelli @ 26

Is the recipe “private stock” or in a book?


Christy Hardin Smith | Tuesday April 14, 2009 06:40 am 31

HAHAHAHAHA Love it!


selise | Tuesday April 14, 2009 06:42 am 32
In response to cbl2 @ 20

lol! i keep trying to leave you replies (but am too slow and therefore too late). here’s yesterday’s reply (and it includes a link to the previous morning’s reply).

i think that hearing is next week?

The Joint Economic Committee (JEC), chaired by Congresswoman Carolyn B. Maloney, will hold a hearing on Tuesday, April 21, 2009 at 10:00 a.m. in Cannon House Office Building Room 210. At the hearing, entitled “Too Big to Fail or Too Big to Save? Examining the Systemic Threats of Large Financial Institutions,” economists including Joseph Stiglitz and Simon Johnson will focus on new policy responses to failures at large financial institutions. The hearing will examine what criteria policymakers and regulators should use to determine when institutions pose systemic risk – at what point financial firms become ‘too big to fail’ – and how regulators should deal with them when they are insolvent.

there are no hearings that i know of scheduled for today.


Christy Hardin Smith | Tuesday April 14, 2009 06:43 am 33

btw, gang, I’m serious about trying to find public appearance information for these folks during the recess. As much as I find Coburn to be a pain in the ass, at least he has the balls to publish information about town halls — where and when — and such.

DiFi plays hide and seek constantly, I’m not even certain she meets with constituents, to tell you the truth — she never has a town hall, or at least hasn’t since I’ve been trying to track her for the last few years. Bizarre.

If I can succeed at nothing else with blogging, I would love to make it a priority for these people to have to meet with constituents from time to time.


cbl2 | Tuesday April 14, 2009 06:45 am 34

Christy,

am thinking Starr’s (and Kmeic’s too, dayum!) endorsements pre empts the trotting out of any of the Heritage Foundation types a la Bork, that whole Academic’s not wanting to trod through pigsh* thingy . . . unless they’ve been compromised in some way –

what is the name of that recurring shill they’ve trotted out to defend torture/unitary at hearings in the past ? younger guy, appeared with Fein, et al at MCA fest ???


Phoenix Woman | Tuesday April 14, 2009 06:45 am 35
In response to selise @ 13

Along with Bill (and possibly Hillary) Clinton, I take it?

selise September 28th, 2007 at 7:23 am
137

[most] American people like Bill Clinton

i despise bill clinton. imo he should be tried in the hague right after bush.


cbl2 | Tuesday April 14, 2009 06:46 am 36

thanks Selise !

whither Reply button ?


Christy Hardin Smith | Tuesday April 14, 2009 06:47 am 37
In response to cbl2 @ 34

There have been several, but David Rivkin tends to be their go to guy for that at most hearings.


cbl2 | Tuesday April 14, 2009 06:48 am 38

Bingo !


Peterr | Tuesday April 14, 2009 06:50 am 39

I think DiFi prefers it when the constituents are on her turf in DC, rather than on their turf in CA. (See my 14)


selise | Tuesday April 14, 2009 06:50 am 40
In response to Phoenix Woman @ 35

bill clinton abso-fucking-lutely (a D doesn’t get anyone off the hook in my book).

i’m still on the fence with the obama doj. re hillary clinton i don’t know anything to warrant a trial – do you?


demi | Tuesday April 14, 2009 06:51 am 41

Oh, you’ll succeed in a lot of areas, Christy.
Reps meeting with constituents; peoples calling out their reps; gardens going in (tomatoes for all); rights for the disenfranchised; education for children.
Speaking of the last issue, I’m reading Three Cups of Tea, finally, about “One Man’s Mission to Promote Peace…One School at a Time.


selise | Tuesday April 14, 2009 06:51 am 42
In response to cbl2 @ 36

have to reload the webpage to get the reply button.


Christy Hardin Smith | Tuesday April 14, 2009 06:55 am 43
In response to demi @ 41

That book is so fantastic. Enjoy it.


Teddy Partridge | Tuesday April 14, 2009 06:59 am 44
In response to Peterr @ 39

A group of us did get an audience with DiFi staffers here in SF exactly three years ago when we were exercised about war on Iran, and it seemed like Dianne was as well. We asked to meet with the Senator, and were met with incredulity from staffers.

She does like her instate photo-ops with Arnold, though.

I tried to attend one of her DC breakfasts but that is very early for a jet-lagged West Coaster. I wonder if that’s the point?


Christy Hardin Smith | Tuesday April 14, 2009 07:03 am 45
In response to Teddy Partridge @ 44

I find her whole constituent avoidance routine tiresome. And if I were a constituent, I’d find it infuriating. I’m surprised there hasn’t been some serious backlash about it — but I get that CA is much, much larger and more populated than WV where we see our elected folks at county fairs, senior centers and such.


wigwam | Tuesday April 14, 2009 07:03 am 46

There should be some other conservatives showing up for Johnsen, e.g., Bruce Fein and Ron Paul, both of whom seem to be pretty strong on rule-of-law matters.


selise | Tuesday April 14, 2009 07:04 am 47

i just checked the email from the state d listserve and didn’t see anything for kerry. although every time i’ve gone to a (very rare) kerry event he’s given his talk and NEVER taken questions from the audience (i think it might be different for campaign events but i haven’t gone to any of those).

will call later today and post a comment if i get any info.

love the idea of telling senators to meet with constituents. that’s something i really admire about feingold.


selise | Tuesday April 14, 2009 07:05 am 48
In response to selise @ 47

p.s. kerry wasn’t on your list, but i get irked by his lack of access (kennedy i cut a lot of slack and did even before his illness, because of his age and rep for great constituent services)


cbl2 | Tuesday April 14, 2009 07:06 am 49

fyi – both Texas Senators will be in DC throughout April

Cornyn has Tuesday Coffee @ 9:30
Hutchison has Thursday Coffee @ 9:30

fyi – Texas USAA’s –

Johnny Sutton (Western District) leaving 4/19
Becky Gregory (Eastern District) leaving end of April
Richard Roper (Northern District) left 1/5/08
Don DeGabrielle (Southern District) left 11/8/08

will do some googling to find out replacements if any


Petrocelli | Tuesday April 14, 2009 07:10 am 50
In response to RevBev @ 30

Sorry I didn’t see this earlier … had to take an urgent call.

The recipe is standard for the Islands but every “chef” adds their own twist. If you’d like the recipe, I could ask Mom for it.


greenwarrior | Tuesday April 14, 2009 07:11 am 51
In response to demi @ 41

morning demi,
oh, that book is a gem. i really loved it. he’s doing such good work and is such a good storyteller.


justbetty | Tuesday April 14, 2009 07:12 am 52

Ginger Beer Recipe (from the Caribbean)
1/4 lb. fresh ginger
1 lime or lemon
2 cloves
1-2 lbs sugar
water (to taste)
Remove skin from ginger and slice into thin slices, put ginger, lime/lemon juice, cloves and 6 cups cold water into a large pot. Bring to a boil, lower heat and continue boiling for 5 minutes. Remove from heat and allow to stand overnight. Strain and sweeten to taste. If too strong, add water to taste. Bottle and add one clove and allow to stand for five days.

Hope you enjoy!


Peterr | Tuesday April 14, 2009 07:14 am 53
In response to Teddy Partridge @ 44

You think?

It’s not a bug; it’s a feature.


pmorlan | Tuesday April 14, 2009 07:15 am 54

Thanks for the post, Christy. We need all the encouragement we can get.


Petrocelli | Tuesday April 14, 2009 07:16 am 55
In response to justbetty @ 52

Thanks for sharing, that looks about right. If you want it stronger, let it stand for a couple days before straining.

Should we tell the Murkan men that Ginger is a great … umstimulant ? *g*


cbl2 | Tuesday April 14, 2009 07:16 am 56
In response to Phoenix Woman @ 35

just in case you haven’t seen it –

HuffPo Front Page will bring a smile.


Teddy Partridge | Tuesday April 14, 2009 07:17 am 57
In response to Peterr @ 53

Watching her cave on 60 Minutes last Sunday on the assault weapons ban (”No, I will pick my own place and time, but I won’t introduce the bill now” while smiling at Lesley Stahl was the last straw.

(Good morning, all!)


justbetty | Tuesday April 14, 2009 07:18 am 58
In response to Petrocelli @ 55

Oh, is that why my husband makes his own? /s/


Petrocelli | Tuesday April 14, 2009 07:20 am 59
In response to justbetty @ 58

LOL !!! Ginger & Reggae … Nature’s Way !


msmolly | Tuesday April 14, 2009 07:20 am 60
In response to Petrocelli @ 50

I have NO idea what ginger beer is. Is it like ginger ale (a soda pop sometimes used as a mixer)? Canada Dry ginger ale is dry, Vernors (if it’s still bottled) is sweeter and more gingery and is what I drank as a kid.


cbl2 | Tuesday April 14, 2009 07:21 am 61

Christy,

did ya catch Scott Horton’s scoop last night ?


Petrocelli | Tuesday April 14, 2009 07:22 am 62
In response to msmolly @ 60

Kinda like ginger ale … no fizz and a bit stronger.


foothillsmike | Tuesday April 14, 2009 07:27 am 63
In response to cbl2 @ 61

Wow that is great news! The neocon cabal will be talking about wanting to go to war with Spain now.


Teddy Partridge | Tuesday April 14, 2009 07:29 am 64

I hope Addington is stubborn enough to take a Barcelona vacation.

He’d love being a martyr, too.


selise | Tuesday April 14, 2009 07:29 am 65
In response to justbetty @ 52

thanks!


Petrocelli | Tuesday April 14, 2009 07:31 am 66
In response to cbl2 @ 61

Isn’t it great that the Prosecution will ask for a new Judge, in an effort to be fair ?

Will Dobbsy have a conniption over this ?


cbl2 | Tuesday April 14, 2009 07:31 am 67
In response to Teddy Partridge @ 57

Mornin’ Teddy,

assault weapons –

as you probably already know, she’s just staying in step with WH

1…2…cha-cha-cha…3…4 …

p.s. on a personal note – been seeing lots of squibs about burgeoning opportunities for grant writers under new POTUS – hoping some of it comes your way :D


nahant | Tuesday April 14, 2009 07:33 am 68

If you come back here do take the time to DIGG Christy’s fine post!!

Republicans = The Party of NO when they can!! Ha ha ha ..


cbl2 | Tuesday April 14, 2009 07:38 am 69
In response to foothillsmike @ 63

a yep ! a reverse Franco, Lowry and Jonah now vying to be their Hemingway . . .


cbl2 | Tuesday April 14, 2009 07:41 am 70

Jane at the mothership with Neil ‘Ill Fumble For Ya’ Cavuto


Christy Hardin Smith | Tuesday April 14, 2009 08:08 am 71

Fresh posty goodness up top for folks who want some…


RevBev | Tuesday April 14, 2009 12:30 pm 72
In response to Petrocelli @ 50

Sorry, I was away also. That would be great if you have the time. Thank you. I’ve become quite a fan.


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