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SCOTUS: Bob Corker’s True Colors

OLC: Action Finally?!? The Rule Of Law Needs Your Calls

UPDATE:  Tapped reports that the Koh nomination cloture vote is likely tomorrow.  Please keep those calls going, gang!  Thanks!

The rule of law needs your calls this morning.

Brian Buetler reports that Dawn Johnsen has finally moved to DC, which is a very good signal that something’s cooking. She’s not the sort to uproot her family precipitously based on what I know about her, so I’m taking it as a very good sign.

What would be better? Leadership signals and some real action.

Beutler’s reporting makes something clear that we’ve been talking about ad nauseum for months: if Democratic leadership is not going to lead out in front on the rule of law, then we have to make them do it.

Meanwhile, Laura Rozen indicates that the State Department nomination logjam may have crumbled, with a hefty chunk of backlogged nominations — sadly not including Harold Koh as yet — cleared for unanimous consent approval. 

In digging around a bit on what any "deal" with the perennially petulant Jon Kyl’s hold-o-rama may have entailed?  No one is talking, which makes me nervous.

And, frankly, good for the folks at State, but I don’t exactly see Justice on that same priority block, do you?

Why? Unclear.

I have requests out for comment from a number of folks on the Hill and at Justice, but thus far they’ve gone unanswered. It may be that a deal is still being worked to clear remaindered  business before summer recess.  Or it could mean nothing at all.

But my theory on Ben Nelson and Arlen Specter’s bluster being constituent show for the end vote — but being in the FOR cloture camp — is most likely. I have been hearing that for a long while, but have not been able to get anyone on the record because no one wants to risk offending delicate egos. It’s like handling temperamental 2 year olds, isn’t it?

Which leaves the remaining "floaters" — Snowe and Collins — as hefty push material. 

Call your Senators and tell them to vote FOR cloture on Dawn Johnsen’s OLC nomination.  Especially any of these, please give them serious attention.  I’ve heard either weak or noncommittal information from them on the Hill, and "tepid" on the rule of law is unacceptable:

Evan Bayh (D-IN): (202) 224-5623
Robert Casey (D-PA): (202) 224-6324
Susan Collins (R-ME): (202) 224-2523
Kent Conrad (D-ND): (202) 224-2043
Dianne Feinstein (D-CA): (202) 224-3841
Kay Hagan (D-NC): (202) 224-6342
Blanche Lincoln (D-AR): 202) 224-4843
Ben Nelson (D-NE): 202) 224-6551
Bill Nelson (D-FL): (202) 224-5274
Harry Reid (D-NV): (202) 224-3542
Olympia Snowe (R-ME): (202) 224-5344
Arlen Specter (?-PA): (202) 224-4254
Jim Webb (D-VA): (202) 224-4024

I’d note that Laura reports that the cloture vote for Harold Koh may come up today, so please include support for Koh in any of your Senate calls.  Thanks everyone. Now, let’s get to work…

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19 Responses to "OLC: Action Finally?!? The Rule Of Law Needs Your Calls"
Christy Hardin Smith | Tuesday June 23, 2009 05:27 am 1

Morning gang — just getting the coffee on, won’t be a sec.

Hope your day is as gorgeous as ours looks like it will be. The Peanut and I just spent a half hour giving the garden and our flowers a good soaking…man, it’s good to be home.


Elliott | Tuesday June 23, 2009 05:32 am 2
In response to Christy Hardin Smith @ 1

Welcome back!
To the phones.


Christy Hardin Smith | Tuesday June 23, 2009 05:48 am 3
In response to Elliott @ 2

To the phones, indeed. I was told a couple of weeks ago that the ferocity with which people were paying attention to a legal office this obscure really caught leadership and the WH off guard. Shouldn’t have — but it’s nice to shake things up a bit, frankly, because they need it.

So I’ll be spending a chunk of my morning chasing down reluctant to chitchat staffers and sources and see what I can dig up on the background dirt. I just have this gut feeling there is something…don’t ask me why, but I do.


Christy Hardin Smith | Tuesday June 23, 2009 06:04 am 4

btw, meant to say, gang: if you get specifics from any of the Senators you call on where they stand, why or whatever, please do make note of them in the comments here. I’m working on a couple of things that I hope will bear some fruit over the next few weeks, and illustrations of where people are — or are not — will be really useful for me. Thanks!


Kassandra | Tuesday June 23, 2009 06:13 am 5

Great pic, Christy. I always love those statues of strong wimmin representing the best in human nature/values.

This:

And, frankly, good for the folks at State, but I don’t exactly see Justice on that same priority block, do you?

Why? Unclear.

I suspect Justice is still packed with Regent University types. I even suspected that the DOMA statement may have come from one of them…. Holder needs to get cracking on replacing those people…unless he agrees with them which would be very scary.

I think there are Bush moles all through Obama’s gov…a bad situation, to be sure.


Christy Hardin Smith | Tuesday June 23, 2009 06:20 am 6
In response to Kassandra @ 5

When I say Justice isn’t getting the priority, it’s not due to underlying staffing questions (where there may still yet be a lot of Regent undercurrent — no one is talking about the sorting out of all that headache, frankly, because you just don’t talk personnel shop, but I can imagine…).

What I mean is that the Democratic leadership and the WH have not put the political muscle behind making changes happen and getting important staffing in place. It’s a leadership priority question coupled with a lack of will to spend political capital on something I find imperative for immediate action, but they appear to place priority elsewhere.

Given how much they all have on their plates at the moment, I get that. Truly I do. But I think it is a wrong balancing of where their priorities ought to be for any number of reasons, and so I’m still pushing to make them see a different perspective.

Clearly, I need to post a bit more about this because my shorthanding it in the post really mangled that, didn’t it? Sorry for the confusion.


ghostof911 | Tuesday June 23, 2009 06:22 am 7
In response to Kassandra @ 5

I think there are Bush moles all through Obama’s gov…

They were not planted by accident. A shadow government is something we have come to accept.


Christy Hardin Smith | Tuesday June 23, 2009 06:25 am 8
In response to ghostof911 @ 7

I have heard that’sin been especially bad in some of the regulatory agencies. Dick Cheney knew exactly what he was doing with the mid-level staffer burrowing in the energy and corporate sectors. Knowing how to manipulate the levers of power quietly while people are looking the other way is a nefarious — yet ruthlessly efficient — skill.


oldgold | Tuesday June 23, 2009 06:31 am 9

The difficulty in getting DOJ appointments confirmed is, in part, the residue of it having been so appallingly politicized over the past eight years. Once an institution has been politicized, as the SCOTUS and DOJ has been, expect the confirmation process to be
FUBAR!


Christy Hardin Smith | Tuesday June 23, 2009 06:34 am 10
In response to oldgold @ 9

And a huge part of my worry on this is that everyone knew it would start out FUBAR based on what a mess had been made and left for the cleaning up. And that there has, sadly, been a lack of clear, coherent plan on so much of this — which makes me beyond nervous on the federal bench appointment saga that will follow the next few years.

I wanted competence. And I’m unhappy with clown car and occasional flash of brilliance, only to be followed by tepid indifference or outright ignorance. The rule of law is a mess right now because we’ve allowed far too much of the important stuff to atrophy and haven’t fought back — hard and swift — immediately when it was needed. And all those namby-pamby, bipartisan zombie chickens will eventually come home to roost. I’d like it not to fuck things up any more than they already are — and have been making that point very plainly to any number of people for weeks now.

SIGH


Peterr | Tuesday June 23, 2009 06:40 am 11

It’s like handling temperamental 2 year olds, isn’t it?

Yes.

This has been another edition . . .


Peterr | Tuesday June 23, 2009 06:41 am 12
In response to Christy Hardin Smith @ 3

An obscure legal office? Have these people not been paying attention for the last eight years, or do they think that no one outside the DC bubble has been paying attention?

OK, silly question.


oldgold | Tuesday June 23, 2009 06:42 am 13

Well, hopefully over the next few years we can make progress so that the nomination process for DOJ isn’t described as SNAFU!


Christy Hardin Smith | Tuesday June 23, 2009 06:45 am 14
In response to Peterr @ 12

I don’t really even have to answer that one, do I? *g*


Kassandra | Tuesday June 23, 2009 06:46 am 15
In response to Christy Hardin Smith @ 6

Yeah. Your post is fine, Christy. I have a tendency to pick an area I’m most interested in and expound on it.
And I agree, Staffing is HUGE right now for Obama’s administration, especially because they’ll all be off campaigning again in about 6 months!
No time for the business of government then.
I’m so sick of it…paying their salaries while they run aroudn touting themsleves.
The TWO year presidential campaign left me astonished. Taking our eyes off Bush while he pulled levers that are just now coming to light.
Carry on, you do fine


Christy Hardin Smith | Tuesday June 23, 2009 06:46 am 16
In response to oldgold @ 13

Oh man, I really, really want to hope so. Desperately.

But my gut keeps telling me otherwise. And I hate that. Have been trying to brainstorm some really good action to shake this loose, some way to break through the idiotic Beltway back and forth and clear away some of the stupidity fog. But I’m having no luck in the creative action plan department.

Here’s hoping for a good epiphany. *G*


foothillsmike | Tuesday June 23, 2009 07:09 am 17

It is time to give up on this bipartisanship crap. The rethugs have been operating in bad faith. Senators refusing to even meet with Sotomayor is a perfect example of why. Sen Cornyn has put a block on all State dept. appointees because he has not received some information. Time to crank up the steam roller.


oldgold | Tuesday June 23, 2009 07:10 am 18

Many of our problems have to do with a key component of our government being dysfunctional – the United States Senate. Name virtually any major issue vexing this country and rather than being part of the solution you will find this institution standing in the way of progress.

The rules by which the septagenarians in the Senate muddle through their work need to be overhauled to conform with the realities of the 21st century.


Christy Hardin Smith | Tuesday June 23, 2009 07:22 am 19

FYI, Tapped is saying that the Koh vote will most likely be tomorrow. So please keep those calls going, gang — thanks heaps!


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SCOTUS: Bob Corker’s True Colors
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