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SCOTUS: Asking The Really, Really Important Questions

OLC: Holder Steps Up To The Plate For Dawn Johnsen’s Nomination

In the back and forth on Dawn Johnsen’s OLC nomination, what gets lost in the media shuffle is why her experience in that office is so critical.

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.)


  Spotlight
43 Responses to "OLC: Holder Steps Up To The Plate For Dawn Johnsen’s Nomination"
Christy Hardin Smith | Friday May 8, 2009 05:30 am 1

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


Adie | Friday May 8, 2009 05:43 am 2
In response to Christy Hardin Smith @ 1

-um-, I just forwarded a link to your fine post to himself, Sen. Sherrod Brown, muh’lady. You’re better than I at putting the words together. Thank you, and a Good Good Mornin’ to you, you feisty lil’ thing.

Oh, and Good Morning to you, Senator Brown. Nice to see you at the Lake. ;->


Adie | Friday May 8, 2009 05:45 am 3

*drumming fingers on table & humming, enjoying watching the hummingbirds at breakfast. they arrived just yesterday, in the rain and they’re hungry*


Christy Hardin Smith | Friday May 8, 2009 05:46 am 4
In response to Adie @ 2

I don’t know about feisty, but I am having a nummy bowl of multi-grain hot cereal with sliced banana and a few dark chocolate chips this morning. *g* So maybe that helps somewhere…


Adie | Friday May 8, 2009 05:50 am 5
In response to Christy Hardin Smith @ 4

Sounds great. Haven’t eaten yet. The hummers come 1st around here. I’m insufferably proud of myself today. 2 days ago, it just “felt” as if the hummers ought to arrive any minute, even though it’s officially too early. So I put up some feeders. they arrived the very next day. Go figure. When ya got the gift, ya use it.

Thanks for your fine post(S)!


foothillsmike | Friday May 8, 2009 05:51 am 6

Do we know who the people are that are holding the nomination up?


Adie | Friday May 8, 2009 05:52 am 7

Senator Brown? Yoo Hoo! Over here Sir.


Christy Hardin Smith | Friday May 8, 2009 05:53 am 8
In response to foothillsmike @ 6

No, we don’t. The GOP has been stonewalling but they don’t have the numbers to prevent a vote from what I’ve heard, so that shouldn’t matter. People like Ben Nelson have said they are likely to vote against Johnsen entirely, but won’t vote against cloture from what I’m hearing, so that shouldn’t be a barrier to a vote either.

I cannot get anyone in Reid’s office to explain why the vote has not been scheduled, beyond vague assertions of a busy schedule on the floor. But they were able to ram Sebelius through in a hurry, weren’t they? So why the non-schedule? Wish I knew.

But I’m going to keep asking and nudging until I get an answer or a vote.


foothillsmike | Friday May 8, 2009 05:57 am 9
In response to Christy Hardin Smith @ 8

I guess the naming of post offices is more important. /s


Adie | Friday May 8, 2009 05:58 am 10

I’ve gotta leave soon to meet with some tough, strong, but very sweet tempered fellas who are refurbishing our basement drainage tile this week, so I hope you pups will keep and eye out for Senator Brown and/or his minions. I for one would be interested in what he has to say. Thanks all!


Adie | Friday May 8, 2009 05:59 am 11

Don’t knock it. It keeps dragging them back to the chamber, doesn’t it? heh.


Christy Hardin Smith | Friday May 8, 2009 06:00 am 12
In response to foothillsmike @ 9

I suppose we all have our priorities. *g*


Adie | Friday May 8, 2009 06:01 am 13
In response to foothillsmike @ 9

sorry. 11 was for you. Oops. The gentle giants are here. Bye all, for now.


demi | Friday May 8, 2009 06:08 am 14

They sure seem to be fishing for concessions.
You mean, like, popcorn stands?
Like, we’ll confess to the crime only if you promise not to punish us?
Sheesh. I hope Holder doesn’t give away too much.


Christy Hardin Smith | Friday May 8, 2009 06:15 am 15
In response to demi @ 14

Holder’s responses were pretty measured and noncommittal, which is a good sign, I think, at this stage anyway.


demi | Friday May 8, 2009 06:22 am 16

I love good signs. Here’s another question. Regarding Shelby’s question, what is a would-be terrorist?


Christy Hardin Smith | Friday May 8, 2009 06:25 am 17
In response to demi @ 16

In context, I think he means someone we picked up who might have been contemplating a bad act in his heart but hadn’t quite acted on it when he got picked up. But it’s Shelby, so it could just mean the person looks a little swarthy and might have “a look” about him which Shelby deems questionable.


cbl2 | Friday May 8, 2009 06:26 am 18

Good Morning All,

jaysus these are some craven mutha…’s. As if accountability for defiling the rule of law, staining our human rights record, desecrating our temple, lying us in to war can easily be negotiated away like it’s just Lurita Doan and her cookies.

and hello – hopefully AG Holder is up to speed on Lucy with the footbal. oh yes, by all means, make some concessions on -l

GITMO detainees in the US ? why, so Boehner can run his Drudge siren ?

Interrogation reports – so they can smear Dem Leaders ?

Renditions under Clinton – gee, I wonder what they’ll do with that ?!?!?


demi | Friday May 8, 2009 06:29 am 19

Considering that our actions “over there” are creating new and more terrorists every day, there could be a lot of those would-be’s, I think.
PS On a personal note, that bookstore manager called me yesterday, almost 2 months since I met her, asking if I’m still interested in the job. I said Of course.


Christy Hardin Smith | Friday May 8, 2009 06:30 am 20
In response to demi @ 19

Yay! Great news on the job front!


Christy Hardin Smith | Friday May 8, 2009 06:30 am 21
In response to cbl2 @ 18

So many kabuki possibilities, so much camera time to act them out on the larger stage. Oh joy.


demi | Friday May 8, 2009 06:32 am 22

Thanks, but she hasn’t offered it to me yet. She’ll get back to me. I think she’s a bit of a nut, but I’m practicing my lines. Yes m’am. Of course. Well, sure and the ever popular How high? *g*


foothillsmike | Friday May 8, 2009 06:33 am 23
In response to cbl2 @ 18

I don’t think we need to totally get rid of renditions. We may need some way to get bush and cheney to Spain.


demi | Friday May 8, 2009 06:37 am 24

BTW, Christy, did you and the mister have a relaxing get away?


Christy Hardin Smith | Friday May 8, 2009 06:41 am 25
In response to demi @ 24

Wasn’t so much a getaway as a day or two off. But it was really nice.


Christy Hardin Smith | Friday May 8, 2009 06:42 am 26
In response to foothillsmike @ 23

Technically, if you are sending someone to another country to face legal charges, that’s extradition and not rendition.


cbl2 | Friday May 8, 2009 06:48 am 27
In response to demi @ 19

woo-hoo!


Adie | Friday May 8, 2009 06:56 am 28
In response to demi @ 19

Happy for you! Sounds good. Congrats. ;->


foothillsmike | Friday May 8, 2009 06:58 am 29

And here I thought texas was a foreign country. *g*


Adie | Friday May 8, 2009 07:04 am 30
In response to foothillsmike @ 29

Every time that comes up, I can’t help myself ROFL.

Movie with Peter Sellers….

“The Mouse That Roared”


AZ Matt | Friday May 8, 2009 07:17 am 31

OT – Michelle Obama and Elmo – Sesame Workshop’s Healthy Habits For Life

And “The Mouse That Roared” is a great film!


foothillsmike | Friday May 8, 2009 07:26 am 32
In response to AZ Matt @ 31

OT – Michelle Obama and Elmo – Sesame Workshop’s Healthy Habits For Life

Are you refering to the red monster
OT – Michelle Obama and Elmo – Sesame Workshop’s Healthy Habits For Life


foothillsmike | Friday May 8, 2009 07:29 am 33
In response to foothillsmike @ 32

Christy Hardin Smith | Friday May 8, 2009 07:31 am 34

I have a gorgeous blue jay pair hanging out at my feeder, sharing tidbits with each other at the moment. So cute.


AZ Matt | Friday May 8, 2009 07:58 am 35
In response to foothillsmike @ 32

THe Shaggy Red Monster, yes, that guy! I know a Peanut that will probably like it.


demi | Friday May 8, 2009 08:10 am 36

Don’t want to count my eggs just yet. Hoping she calls today with the offer. Acting like I might have a job to go to on Monday, today I’m going to visit two friends who are in convalescent hospitals. Gotta keep busy and maybe help someone else out at the same time.


elisathon | Friday May 8, 2009 08:25 am 37

(delurking)-
I called Schumer, Gillibrand, and Reid’s offices, identified myself as a registered Dem. and a NY resident.

Senator Kirsten Gillibrand, D-NY – Asked if Sen. Gillibrand has a position on Dawn Johnson’s nomination: ”the staff has not been informed of her position yet.” When told of AG Holder’s ”top priority’ comment, the staffer just repeated ’no position yet.’

Senator Chuck Schumer D-NY- Asked if Sen. Schumer has a position on Dawn Johnson’s nomination: ”He (Schumer) hasn’t released anything yet.” When told of AG Holder’s ”top priority’ comment, slight stammering – ”I (the staffer) imagine there will be something released soon.”

Senator Harry Reid D-Nevada – Asked if the hearing has been scheduled: ”We don’t have that information yet.” Asked if they had any idea of when it would be announced, in light of AG Holder’s comment: ”We (the staff) don’t get that information (the date of the hearing) until the day of” (the hearing).


Christy Hardin Smith | Friday May 8, 2009 08:34 am 38
In response to elisathon @ 37

Thanks so much — hlepful stuff. No idea what the Reid staffer meant by “day of hearing,” given that the Judiciary Committee already voted her out of committee. It’s now time for a floor vote to be scheduled.

Really appreciate you taking the time to call all three and report back. Thanks so much!


mstar57 | Friday May 8, 2009 10:13 am 39

Great article, Christy!

Holder finally spoke out this issue … WTF took him so long is truly discusting and a shame. And this is the man we are depending on to appoint a Special Prosecutor to go after the Bush/Cheney War Criminal Cartel! What a joke. Holder is a discusting, weak, pathetic, parasitical little man who not only is a DISGRACE to this country and the rule of law, he nauseates me!!


STTPinOhio | Friday May 8, 2009 10:23 am 40
In response to mstar57 @ 39

What a joke. Holder is a discusting, weak, pathetic, parasitical little man who not only is a DISGRACE to this country and the rule of law, he nauseates me!!

I’m not clear; how do you really feel?


Beerfart Liberal | Friday May 8, 2009 10:26 am 41

I didn’t see the hearing,. Just read the link. And Holder’s “stepping up” seems a little tepid. I realize he can’t be as …… well, disrespectful as I could be. And it was the appropriations ciommittee, so he did have his hat in his hand…. maybe it’s a start. Shelby sickens me. Switch attention from Bush torture onto Clinton rendidtion.


Cujo359 | Friday May 8, 2009 11:35 am 42
In response to Christy Hardin Smith @ 1

That would have been an appropriate title. Do you think maybe your suggestion to Dellinger, et. al., might have made its way through the DC whisper net to the ear of Holder? DC seems to be a very small place, when it comes to the acquaintances of high government officials.


goldpearl | Saturday May 9, 2009 10:37 am 43
In response to elisathon @ 37

i got the same replies from gillibrand, schumer & reid’s offices when i called a few weeks ago.

there’s no, (good) excuse for them not having established a position yet, especially since they are aware, that we are aware & will keep asking. i smell something rotten ….. like they are waiting to see if johnsen has to be sacrificed in exchange for republicans not going after peolsi & other dems who were briefed on torture ocuring.

this is how it works in washington no?

it’s not about standing up for the right thing – it’s about you scratch my back & i’ll scratch yours instead of causing you to take a hit in the media.

disgusting


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