OLC: Holder Steps Up To The Plate For Dawn Johnsen’s Nomination
And why that office needs an experienced hand at the helm. Now.
Never mind political considerations or whose back is being scratched with what, we are talking about an office whose function within the DOJ is to give detailed analysis of the law — ALL of the law. That includes the bad news that a particular proposal does not pass constitutional or legal muster and why.
When the OLC deviates from that course, big problems occur. For the entire nation.
There is an OPR investigation of wrongdoing by OLC lawyers for a reason. It’s called upholding the rule of law rather than sidestepping it as an inconvenience. In other words, meting out justice where the evidence warrants, blind to politics or power.
AG Eric Holder finally stepped up on the OLC nomination yesterday, during a particularly contentious appropriations subcommittee hearing on the DOJ budget:
Attorney General Eric Holder Jr. said today that getting Dawn Johnsen confirmed to head department’s Office of Legal Counsel was "probably my top priority."…
At a Senate Appropriations subcommittee hearing this morning, Holder said the office is being run by capable layers but required the "solidity and continuity" supplied by a Senate-confirmed assistant attorney general.
This is exactly the question that I posed to Doug Kmiec, Walter Dellinger and Aviva Orenstein on the press call regarding the Johnsen nomination the other day.
Kmiec and Dellinger, both of whom have headed OLC, said that it was imperative that a confirmed head of OLC be in place as soon as possible so that political whims and considerations, as well as recriminations from ongoing investigations into office misconduct were dealt with in an even-handed, fair and open manner. Someone who is a temporary acting head does not have the latitude to mete out punishments and/or implement full reforms the way someone who has full Senate confirmation would have.
Which may be exactly why there is so much politics in play from the GOP on this nomination.
When you read through the Blog at Legal Times reporting on the Appropriations hearing, you get the disturbing sense that GOP members are insinuating a quid pro quo with Holder: no prosecutions, no recriminations for prior lawbreakers, and maybe we’ll work with you on your OLC nomination and closing Gitmo. They sure seem to be fishing for concessions.
And the rule of law has an answer: hell no. It applies equally to everyone. Period.
(YouTube — Dawn Johnsen speaking about the role of OLC within the larger governmental framework, and its ethical and legal responsibilities thereto. Via ACS.)







Morning all. Thought about using “From the Department of It’s About Damned Time” as my title. For obvious reasons. *g*