Tell Your Senators To Confirm Dawn Johnsen For OLC

It’s time to get down to serious business and push for confirmation of Dawn Johnsen at OLC. 

My guess is that the GOP doesn’t have the votes to sustain a filibuster, meaning I don’t think they have the 60 votes to hold against cloture. Mainly because Bigmouth John Cornyn has been tight-lipped the last week or so.

When his swagger deflates, that’s usually a sign of some ass-save-ery on his part.

Perhaps a push from folks like Walter Dellinger on Cornyn’s and other GOP Senators’ past mouthiness unequivocally against filibusters has something to do with it?

Just last year, Sen. John Cornyn (Texas) made this point clearly: "Far too many judicial and executive nominees have been delayed. . . . Senators have a right to vote for or against any nominee — but blocking votes on nominations is unacceptable." Other senatorial statements also are starkly unequivocal. Lamar Alexander (Tennessee) said, "I pledged, then and there, I would never filibuster any president’s judicial nominee, period. I might vote against them, but I will always see they came to a vote."

Although the Senate is free to filibuster legislation, a number of senators argued that the Constitution requires it to vote on nominations. Thus Orrin Hatch (Utah) said, "The advice and consent clause is clearly an up-or-down vote — a majority vote — on the floor of the Senate." Bob Bennett (Utah) added, "In my view, the Founding Fathers clearly intended the Senate to consent to the president’s choices on a majority vote." Kay Bailey Hutchinson of Texas said that "advice and consent as it is called in the Constitution . . . has always meant a majority vote."…

The list of senators who have virtually ruled out advice-and-consent filibusters also includes Mitch McConnell (Kentucky), Kit Bond (Missouri), Sam Brownback and Pat Roberts (Kansas), Tom Coburn and James Inhofe (Oklahoma), Mike Crapo (Idaho), Lindsey Graham (South Carolina), Chuck Grassley (Iowa), Judd Gregg (New Hampshire), Jon Kyl (Arizona), Jeff Sessions (Alabama), Arlen Specter (Pennsylvania) and George Voinovich (Ohio).

But that does not mean we can take Johnsen’s nomination as a given. Far from it.

It ought to be patently obvious that OLC is in dire need of rule of law leadership.  Especially given the most recent release of OLC memos.  (Please sign our petition for an independent counsel here.)

Please take the time to call your Senators today. Tell them to confirm Dawn Johnsen.

I want to keep a running tally of where Senators stand, so please report back after you call, and let us know if you get a Yay or Nay out of your Senator’s office — or nothing at all.

You can put Sen. Sheldon Whitehouse down as a firm supporter of Dawn’s — spoke with him on conference call last Friday and he’s ready to lead whatever fight is necessary to get her confirmed. Please call and thank him for his leadership on this — (202) 224-2921 — it’s been very much appreciated.

And then call your Senators and ask them why they aren’t leading the charge for Dawn as well. 

If your Senators are listed above in Walter’s op-ed, be sure to ask them if they’ve changed their tune — and whether they can spell political hypocrisy.

 
54 Responses to "Tell Your Senators To Confirm Dawn Johnsen For OLC"
Christy Hardin Smith | Monday April 20, 2009 05:57 am 1

Morning everyone. Waiting for my coffee to finish brewing…tap…tap…tap…


greenwarrior | Monday April 20, 2009 06:07 am 2

g’morning christy. i’ve signed the petition, but john cornyn IS my senator. no use calling them. is there anything else it makes sense to do?


Nola Sue | Monday April 20, 2009 06:08 am 3

Morning, Christy.

Add another reason to the list for me to despise my former Senator Coleman. Grrrrrrr.


Christy Hardin Smith | Monday April 20, 2009 06:09 am 4
In response to greenwarrior @ 2

While it may not change Cornyn’s mind, I think calling both his office and Kay’s and letting them know constituents are paying attention to their prior statements and watching this vote closely is a good idea. If for no other reason than staffers track that sort of thing — and they should know the blatant hypocrisy has been noticed.


cbl2 | Monday April 20, 2009 06:13 am 5

Good Morning Christy and firedogs -

Cornyn’s office – “nay”

Hutchison’s office – “no comment at this time”


Christy Hardin Smith | Monday April 20, 2009 06:15 am 6
In response to cbl2 @ 5

Thank you! Will be doing updates on this — so it is much appreciated.

Interesting that KayBee is a “no comment.” How’s that gubernatorial contemplation going for her?


Christy Hardin Smith | Monday April 20, 2009 06:15 am 7
In response to Nola Sue @ 3

Yeah, isn’t he lovely?


SouthernDragon | Monday April 20, 2009 06:16 am 8

Wha hoppened to the digg icon?


SouthernDragon | Monday April 20, 2009 06:16 am 9
In response to SouthernDragon @ 8

Oop, there it is.

Carry on.


Christy Hardin Smith | Monday April 20, 2009 06:17 am 10
In response to SouthernDragon @ 8

We’ve been having some issues with it — they are working on a work-around for social network stuff. Sorry for any inconvenience, but something should hopefully get fixed with it soon.


foothillsmike | Monday April 20, 2009 06:18 am 11
In response to Christy Hardin Smith @ 6

Morning Christie and all,
It really depends on how many Rethhug texicans want to secede.


Christy Hardin Smith | Monday April 20, 2009 06:20 am 12
In response to foothillsmike @ 11

Is that one of those “how much wood can a woodchuck chuck” sorts of questions? *g*


cbl2 | Monday April 20, 2009 06:21 am 13
In response to Christy Hardin Smith @ 6

very well thanks to Governor Secession Now, Secession Tomorrow, Secession Forever ! Perry


foothillsmike | Monday April 20, 2009 06:22 am 14

Hah !


greenwarrior | Monday April 20, 2009 06:25 am 15
In response to Christy Hardin Smith @ 4

ok. will call.


demi | Monday April 20, 2009 06:25 am 16

I signed the petition and dugg this article. Thanks to Southern Dragon for opening. You’re always a peach!


greenwarrior | Monday April 20, 2009 06:28 am 17

fyi….i’m getting a NOT FOUND message on the “call your senators” link in the post.


Christy Hardin Smith | Monday April 20, 2009 06:30 am 18
In response to greenwarrior @ 17

Try again — it’s fixed. I have that link several times in the post and flubbed that one cut and paste by missing a backslash. ooops.


demi | Monday April 20, 2009 06:30 am 19

Here is katymine’s list of 1-800 #’s.
1 (800) 828 – 0498
1 (800) 459 – 1887
1 (800) 614 – 2803
1 (866) 340 – 9281
1 (866) 338 – 1015
1 (877) 851 – 6437
Just spoke to David in Sen. Feinstein’s office who said he wasn’t sure if she’s decided yet. I asked him to let her know that she should support the nomination and I will call back later to find out.
Calling Boxer now.
(The mister just got up and is wondering what I’m doing on the phone to DC at 6:18 in the am. :)


cbl2 | Monday April 20, 2009 06:30 am 20

Christy,

sent you this via facebook friday –

Santorum to GOP: ” Don’t Block Obama’s Judges”

apparently the burrito of lunacy has folded back over in to coherent, rational thought – who the hell knew ?


Christy Hardin Smith | Monday April 20, 2009 06:31 am 21
In response to cbl2 @ 20

I think the burrito of lunacy is contemplating a run at the governor’s mansion and since PA is less GOP these days, he’s likely pandering.

But even a blind hog finds an acorn once in a while…


Christy Hardin Smith | Monday April 20, 2009 06:32 am 22
In response to demi @ 19

Have I mentioned lately that Dianne Feinstein’s constant equivocation grates on my last nerve?


demi | Monday April 20, 2009 06:34 am 23

Noah in Sen. Boxer’s office said he doesn’t know her decision on Johnson. Told them the smart thing to do and I will call back later.


Christy Hardin Smith | Monday April 20, 2009 06:36 am 24

Also, just as a reminder to everyone: calling local offices can be a productive way of doubling up on the pressure. So if you have the time, please call a local office and talk to a staffer about this there as well.


demi | Monday April 20, 2009 06:37 am 25

I seem to recall something less than adoring admiration. *g*


greenwarrior | Monday April 20, 2009 06:39 am 26

ok. it’s good now.

cornyn’s not supporting her nomination, but they’ll pass on to him that i would like him to support the nomination.

hutchison’s office will pass on that i’d like her to support the nomination. as cbl2 said, she hasn’t taken a position.


Christy Hardin Smith | Monday April 20, 2009 06:43 am 27
In response to demi @ 25

Sadly, neither of my Senators is any better this morning. Called both Byrd and Rockefeller’s offices — and staffers in both offices don’t know a position on Dawn Johnsen as yet.

Left messages of support and told them I’d check back — soon.


rxbusa | Monday April 20, 2009 06:48 am 28

Try being one of her constituents! I’ll give her a call right away.


TarheelDem | Monday April 20, 2009 06:49 am 29

I didn’t ask. I told both Hagan’s and Burr’s offices to move the confirmation along. I know where Burr stands; it’s time to put some pressure on him because too often Democrats consider him a lost cause; he may be lost, but he doesn’t get a free pass.

My sense is that Hagan will support when it comes down to the wire. What she will do behind the scenes is not something easily discovered.


greenwarrior | Monday April 20, 2009 06:50 am 30

called the local offices and left my comments.

hutchison’s office didn’t know what her position was.

cornyn’s local office said that he hadn’t made a decision and was taking constituents’ comments into consideration. interesting, the dc office said he was against.

i think i’ll write letters to the editor to the nytimes and the local statesman. i’ll hook it onto their torture articles. if you got suggestions for them, please feel free.


Christy Hardin Smith | Monday April 20, 2009 06:50 am 31
In response to rxbusa @ 28

Thanks so much for calling. Just forcing them to realize that people are paying attention to this is important at this point. And these calls are a good way to help that along.


Christy Hardin Smith | Monday April 20, 2009 06:51 am 32
In response to TarheelDem @ 29

Really appreciate you making the calls — thanks!


Christy Hardin Smith | Monday April 20, 2009 06:52 am 33
In response to greenwarrior @ 30

Interesting that the local office gave you the standard “listening to constituents” spiel for Cornyn, isn’t it? *g* Thanks so much for making the calls!


oldgold | Monday April 20, 2009 06:52 am 34

That we have to waste energy on things like this makes me angry. Damn it, this appointment should be easy.
Then, you see them making a big ass deal out of Obama smiling as he shakes Hugo Chavez’s hand. So?
On and on it goes. This nonsense has to stop. We can’t afford it anymore.
I will call my Senators.


Kassandra | Monday April 20, 2009 06:57 am 35

I called last week, guess I’ll call ‘em again. I’m starting to forget what justice IS.
The Attorney General’s office could use a little infusion of “Justice” too. And who’s running the shop while Obama is glad handing in South America? I guess the people who really run this country
He’s beginning to remind me of Bush, who was never home.
Don’t we have ambassadors who do this sort of thing, or are the Chinese making so much headway in Latina and South America that we have to send our president as emissary?
He’s beginning to look like our #1 roving ambassador with portfolio!


demi | Monday April 20, 2009 07:02 am 36
In response to Kassandra @ 35

I’m fine with our president visiting our global neighbors and developing positive relationships.
Smiling is a good thing. Especially when it’s a nice sincere smile and not a smirk.


rxbusa | Monday April 20, 2009 07:05 am 37

Well, that was interesting. Senator Feinstein’s office says that she voted for Johnsen in committee about a month ago and assured me that Sen Feinstein does support her nomination.

Senator Boxer’s office says that she has not yet released a public statement, but solicited my opinion and enthusiastically promised to pass on my comment that with the release of the torture memos last week it is clear that we are long overdue for strong leadership for the rule of law in the OLC.


foothillsmike | Monday April 20, 2009 07:06 am 38
In response to Kassandra @ 35

THat Obama travels to Europe or So America to attend meetings of heads of state doesn’t bother me at all. In fact that is part of his job. For him to not attend would be a very damaging snub. There are some legitimate gripes about what is happening but this is not one of them.


demi | Monday April 20, 2009 07:08 am 39
In response to rxbusa @ 37

That is interesting. Did you speak to David, or someone else? Good news, anyway. I had asked to find out, maybe he did.


NorskeFlamethrower | Monday April 20, 2009 07:13 am 40

AND THE KILLIN’ GOEZ ON AND ON AND…

Citizen Hardin Smith:

I signed the petetion but hafta wait ’til payday ta hit the cash register ta keep the FDL spearthrowers with ammunition…geez, this citizenship stuff is gettin’ expensive, how ’bout offerin’ a “senior discount” or some in kind contributions like lickin’ stamps er sumpthin’?

On topic, I think that the reason Obama and Holder are doin a soft shoe on some a the land mines left over from the Bush Crime Family is that they don’t have the Justice Department staffed up and must get the budget, energy, EFCA and the Senate to full staff before they ken start bringin’ the heat on the war criminals…so we might ta keep our eyes on the enemy and remember who is in the foxhole with us.

KEEP THE FAITH AND PASS THE FUCKIN AMMUNITION, THE WAR IS IN OUR LIVINGROOMS NOW!!


Kassandra | Monday April 20, 2009 07:16 am 41

36 & 38. Ok, ok, I’m just frustrated, please ignore me when I go off on a rant…….


rxbusa | Monday April 20, 2009 07:17 am 42

It was a male voice, but I forgot to ask his name (thought of it just as I hung up). He did put me on hold for a moment and then came back with the assurance. She also has a supportive statement posted on the Senate Judiciary Committee website, but I haven’t found any record of a vote anywhere yet.

I was surprised because the reactions from Boxer’s and Feinstein’s offices were opposite of what I expected (I expected the “no statement” from DiFi and the assurance from Boxer).


Christy Hardin Smith | Monday April 20, 2009 07:18 am 43
In response to rxbusa @ 42

Sounds to me like someone in the office did a wee bit of research between demi’s call and yours. Which is a very good thing.


demi | Monday April 20, 2009 07:22 am 44
In response to Kassandra @ 41

:)


sjct | Monday April 20, 2009 07:27 am 45
In response to TarheelDem @ 29

I have before me a letter from Burr’s office in response to an email I sent to him regarding Duckworth’s confirmation. I will report the important parts here:

“A number of media outlets have wrongly reported that I was blocking, or ‘playing politics’ with, Major Duckworth’s nomination. This is simply not true.”

“… I have a responsibility…” blah, blah, blah. “On April 2, … her disclosures to the Committee were not complete… regarding confidential matters… I simply could not, and would not, discuss these confidential matters with the media — or anyone other than the nominee, for that matter — unless it was clear that something in the disclosures was ‘disqualifying’ in nature. Doing so would have been unfair to Major Duckworth.”

I am pleased to let you know that on April 6, Major Duckworth provided answers to the remaining questions. I was satisfied with her response, and I am happy to support her confirmation. It is my hope that her nomination will be considered by the Senate at the earliest possible moment.” (bolding added for emphasis)


Christy Hardin Smith | Monday April 20, 2009 07:31 am 46
In response to sjct @ 45

Well, that’s interesting, isn’t it? Will that translate for Johnsen and Koh, do you think?


dmac | Monday April 20, 2009 07:42 am 47

“Senator Voinavich has not released a statement yet. “

The aide had not heard the ‘rumor’ about Sen. Spectre gathering Republicans to help out his Senate race..

I said it is important that we have someone in that office who knows the office already–she does from her work there in the 90’s and she is qualified with good credentials to back it up. Her experience is even more vital because of the memos that were recently released.

They will get back to me.

He was very nice and friendly.


Christy Hardin Smith | Monday April 20, 2009 07:48 am 48
In response to dmac @ 47

Thanks so much for making the call — updated the tally sheet with your info. Much appreciated!


bmaz | Monday April 20, 2009 08:02 am 49

No kidding. Thanks for saying this Christy, it has gotten lost in the flurry lately.


Christy Hardin Smith | Monday April 20, 2009 08:04 am 50
In response to bmaz @ 49

Can you tell the lack of spine from Dems on this is pissing me off? Thank goodness for Whitehouse on this.


Nola Sue | Monday April 20, 2009 08:14 am 51

I’m flipping back & forth between you on this and Marcy on Harman. I get confused on which case of spineless Dems we’re talking about.

Christy, I well remember a post you wrote some time ago in which you referred to lifting rocks and the uglies crawling out. (Confessing that I can’t recall which particular episode — there’ve been so many.)

Anyway, as you’ve always reminded us: sunshine. If only the uglies weren’t quite so, well, ugly. Thanks.


sjct | Monday April 20, 2009 08:31 am 52

I think it shows that he’s sensitive to being accused of obstructing along party lines and doesn’t want to be seen that way. My email was specifically about Duckworth but generally about foot-dragging re: all confirmations. Let’s hope it helps with the other confirmations as well.

I have to say I was fairly impressed by a getting a written response in less than an week. It probably helped that I am a legitimate constituent who lives in a rural — altho always Democratic — district and that I mentioned my husband’s “service as a Marine in the jungles of Vietnam.” He might have the mistaken impression that we are potential supporters of his re-election. ;-)


Christy Hardin Smith | Monday April 20, 2009 10:07 am 53
In response to sjct @ 52

Hey, if it got his attention, good on you!


dmac | Monday April 20, 2009 10:48 am 54

like you said-don’t take anything for granted, didn’t you?

just called Sen. Sherrod Brown’s office, guess what>?

no statement yet. girl said that he hadn’t looked at all of the nominees yet so wasn’t releasing anything yet..i said, who else is on the list that is as qualified as dawn johnsen? she put me on hold, then came back and siad that he is leaning that way, but no statement yet.

i said that is not what i expected to hear, and that NOW is the time for him to ’step-up’ and make a statement-considering what the republicans are doing to derail it and considering the memos released. You know about the released memos, don’t you? she said oh yes. i said, He needs speak up about it now. that is what he is there for, to do things like this. that this is not something he should be putting on the back burner.


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