OLC: The Question We Must All Ask
Because Dawn Johnsen’s known as a straight shooter who not only does not play fast and loose with the letter of the law, but is also blunt about what is required to uphold it?
Is this why Johnsen’s nomination is really on hold? Via The Nation:
What [Bybee] does with the law is as bad as what he does with the facts, but he does it differently. He presents sentences that judges wrote in cases and interprets them in an astounding way.
He interprets the words of statutes by taking unsupportable extreme positions–the most radical reading of a sentence or a decision of a court.
He makes one plus one add up to seven.
From their first days of law school, through moot court and examinations, writing briefs and presenting argument in court, lawyers are trained to be able either to put in or take out facts, take the opposite side–or both sides–of a legal position….
What Bybee has done here is different. He has made himself blind, deaf and dumb–he hears no evil, sees no evil, smells no evil.
By failing to lead on having a rule of law stalwart at the helm of OLC, and on too many more counts to even begin to mention here, Senate leadership as well as the Obama Administration are playing the same see no evil, hear no evil, speak no evil game that Bybee and his Cheney-ite cronies continue to play.
Earlier this week, AG Eric Holder appeared at an NAACP Legal Defense Fund event at the National Press Club, where he was asked about torture.
He added that while he still doesn’t think the department should prosecute those who acted on the guidance of torture memos, but he declined to rule out prosecutions for those who drafted them. “We’ll go wherever the facts and the law take us,” he says.
Words are simply that — just words. Unless and until actions give them meaning through real accountability, it’s nothing but PR fluff and spin cycle kabuki.
If not now, then when?
(H/T to reader wb.)






I have to admit Christy, I feel a profound sense of betrayal. Pelosi can hold all the press conferences she likes, but where is the real leadership on questions regarding the rule of law and its equal application to all citizens?
Obama is re-starting the military commissions, the DoJ continues to assert sweeping legal exemption by virtue of state secrets, Obama rescinds his pledge of open and transparent government in a multitude of ways (no you don’t get to see the pictures, no the WH visitor logs aren’t subject to FOIA, …), the DoJ appears to still be acting in the political interests of the President, and Greg Craig unashamedly states that now that Obama is in office his duty to to “protect the institution of the Presidency” (really, I missed that section of the oath of office, maybe those were the words Roberts tripped over), and the best legal nominee that Obama had made is being left to fend for herself, because he and Congress can’t be bothered to expend any political capital on the rule of law. I feel sick.
But this isn’t all about Obama, where is Congress? Why aren’t they tearing into the National Security Act, the USA PATRIOT Act, the FISA Amendments Act, the Military Commissions Act, the Detainee Treatment Act? Why aren’t they champing at the bit to get Johnson confirmed for OLC? Why haven’t they created an independent commission to thoroughly investigate the potential criminal conduct of the Bush administration?
Well, at least we’ve got the courts… with Bybee, Alito, and Roberts all on the bench… Fabulous.