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.