Tortured Logic: The Urgent Need For Leadership And Accountability At OLC

In case anyone is wondering why I’ve been dogging the Dawn Johnsen OLC nomination for months and months on end?

Why restoration of the rule of law and having real leadership in place at OLC rather than a temporary staffing limbo is so important to me?

Wonder no more:

NPR’s report this morning that the Brookings Institution’s Benjamin Wittes has proposed what’s expected to be a highly influential plan for “preventive detention” — which could lock up “dangerous” terror suspects potentially forever without charge or trial — gives even more urgency to the question that Spencer raised here more than a month ago.

Will the administration be more swayed by an author of books about fighting terrorism than by its own deputy attorney general at the Office of Legal Counsel, Marty Lederman?…

This situation may be partly due to the lack of leadership in the OLC: Republicans have stalled the confirmation of Dawn Johnsen, President Obama’s nominee to head the office, for months now. That may be giving outsiders more say in the administration’s plans than they would ordinarily have.

As Daphne points out, having no official leadership at the OLC helm leaves that vital space adrift and its purview ripe for the picking for opportunists who don’t have that same commitment to the rule of law that I’ve been hoping for from Dawn Johnsen’s leadership. 

We cannot afford a continued leadership vaccuum on the rule of law.  Period.

The issues surrounding torture, rendition, habeas, indefinite detention, accountability? They are all of a piece.

The ACLU’s Accountability Project is a good place to start if you are not familiar with the background. The scope of their documentary information alone is devastating.

But confirming Dawn Johnsen for OLC would be even better in my book. Because then, action might be possible.

But perhaps that’s the point, after all?

 
32 Responses to "Tortured Logic: The Urgent Need For Leadership And Accountability At OLC"
Leen | Friday June 26, 2009 09:30 am 1

“restoration of the rule of law” we can dream.

Obama, Holder, Leahy, Whitehouse, Pelosi, Feingold “no one is above the law” Damn I want to believe


oldgold | Friday June 26, 2009 09:52 am 2

It seems to me that one problem here is that too many positions require Senate confirmation. Section 2 of Article II provides that Congress could truncate the
number of appointees that require confirmation.

” but the Congress may by Law vest the Appointment of such inferior Officers , as they think proper, in the President alone, in the courts of law, or in the Heads of Departments.”

Perhaps this is something we should work on.


Jeff Kaye | Friday June 26, 2009 10:33 am 3

Thank you, Christy, for ringing the alarm bell on this. You are correct to be concerned. Extreme right-wing views, in reference to indefinite detentions, military commissions, and coercive interrogation, remain prominent in many of the mainstream corridors of power in Washington. They have Obama’s ear. They have the attention of Congress. We must not let down our guard, and I hope readers are following up on the ACLU’s Accountability Project links and actions. They are more important now than ever.


Margaret | Friday June 26, 2009 01:37 pm 4

“Preventive detention” is exactly like “enhanced interrogation”: It is a phrase designed specifically to make a crime sound legitimate. It’s the kind of phrase that someone makes up when trying to defend the indefensible.


foothillsmike | Friday June 26, 2009 01:47 pm 5

It sounds like congress is engaged in the fierce urgency of stalling.
Is there any danger of anything being enacted before Dawn is confirmed? Maybe the strategy should be to convince the WH to make the appointment while congress is on summer recess.


eCAHNomics | Friday June 26, 2009 01:50 pm 6

Who TF is this asshole Benjamin Wittes? I guess I’m not surprised that Brookings is aping AEI.


BargainCountertenor | Friday June 26, 2009 02:00 pm 7

Back in the day there was a Steely Dan tune that really summed up this mess: Pretzel Logic. This is all part and parcel of the Republican Be Afraid (Be Very, Very Afraid) campaign.

If we’re afraid, we’ll go along with all of this stuff.

Have I said lately how disappointed I am with Barack Obama’s approach to the Justice Department?


Blub | Friday June 26, 2009 02:07 pm 8

They will soon be proposing the preventive detention of liberals, in case we should win elections.. or vote in them, for that matter. Suspected liberals will be preventively detained 4 months before election day and released immediately afterwards. This is the only way to guarantee rethugs the extra-proportional representation to which they believe they are entitled.


Mary | Friday June 26, 2009 02:17 pm 9

What the hell ever happened to the prohibition on attainder?


Blub | Friday June 26, 2009 02:18 pm 10
In response to Mary @ 9

shrub happened


RonD | Friday June 26, 2009 02:23 pm 11

“preventive detention” — which could lock up “dangerous” terror suspects potentially forever without charge or trial.

Paging Jose Padilla….


ART45 | Friday June 26, 2009 02:25 pm 12

Oh well, I guess it’s those evil Republicans who are making Obama do things he really doesn’t want to do…like unlimited preventive detention.

Damn, I wish the whole congress were 100 percent Dems.

That way, we’d get what we want, lobbyists would be banished….

Wait. Am I dreaming?


John Anderson | Friday June 26, 2009 02:29 pm 13

It is, by now, abundantly clear that the administration is “slow-going” the nomination. They either don’t really want Dawn Johnsen–offering her nomination merely as a sop to the liberal wing of the party–or else they don’t want her in office right now, which is to say, while they’re still playing footsie with the purportedly Other Side on issues like torture and wireless wiretapping. Either way, it does not speak well of the new Powers-That-Be.

I know that I, for one, expected a lot better than this.


Christy Hardin Smith | Friday June 26, 2009 02:31 pm 14
In response to John Anderson @ 13

Yeah, I’m a regular little ray of sunshine today, aren’t I? *g*

In case folks were wondering, I’m a little cranky. Could you tell?


Christy Hardin Smith | Friday June 26, 2009 02:34 pm 15
In response to foothillsmike @ 5

The Senate is out of session for the next week for a break, so no legislation on this for at least that long. But I’m getting nothing back on what can or cannot be expected — and this was something that supposedly had some “fast track” discussion potential before people noticed it. I’m just hoping to throw a “whoa” up and make people think before doing something precipitously…but I’m not holding my breath on being fully successful at that, either.

I need a beer thirty. If I weren’t still feeling so gawdawful, I would anyway…


John Anderson | Friday June 26, 2009 02:38 pm 16

You, Christy! Never!


eCAHNomics | Friday June 26, 2009 02:40 pm 17
In response to Blub @ 8

If voting made a difference, they wouldn’t let us do it.


Petrocelli | Friday June 26, 2009 02:40 pm 18

Orangeman Boner is on my TeeVee … do you have any idea what color his skin tone is,
on a 60″ HDTV ?

Must.Find.Beer …


Elliott | Friday June 26, 2009 02:46 pm 19

Christy, when Dawn Johnsen gets confirmed, she really haz to invite you to the ceremony :)

And what a beautiful pic.


Blub | Friday June 26, 2009 02:50 pm 20
In response to eCAHNomics @ 17

good point


John Anderson | Friday June 26, 2009 02:58 pm 21
In response to Elliott @ 19

If she does get confirmed, Christy, you will have been a major, major reason it finally happened.


John Anderson | Friday June 26, 2009 03:00 pm 22

This just up at WaPo.

God. What are they thinking? Do they really think they were elected by people like us in order to do stuff like this?

White House Drafts Executive Order to Allow Indefinite Detention of Terror Suspects
By Dafna Linzer and Peter Finn
ProPublica and Washington Post Staff Writer
Friday, June 26, 2009 5:18 PM


John Anderson | Friday June 26, 2009 03:05 pm 23

I don’t know who “they” are, but, what, Holder, Craig, Obama, who?

The fact is that they are playing right into the playbook of the wretched Wall Street Journal editorial board. Shame on them. Shame on them.

And while I’m at it, let me say that this is yet another reason why I am proud to be a Democrat: Unlike our friends across the aisle, we refuse to march in lockstep with the our ostensible “Betters” when we know in our hearts that they’re wrong.


BargainCountertenor | Friday June 26, 2009 03:20 pm 24
In response to Mary @ 9

Attainder isn’t applicable here. A bill of attainder is a law passed penalizing individuals legislatively. There aren’t any ex post facto laws nor any bills of attainder involved in this one.

This is a habeas corpus matter, pure and simple. The Shrub set up Star Chambers that imprisoned people without trial, and the Obama administration hasn’t worked to reverse it at all.


Christy Hardin Smith | Friday June 26, 2009 03:21 pm 25
In response to John Anderson @ 21

I don’t know about that, but I refuse to sit back and allow a decent woman’s professional reputation slide in the crapper because people who ought to know better don’t bother to care.

That just pisses me off beyond all ability to be reasonable, frankly. Dawn is an incredibly nice and decent human being, and she deserves far better than this. Above and beyond the rule of law and the fact that it’s the right thing to do for the country, it’s just the decent thing to do as a human being who gives a crap about good people serving their government.


John Anderson | Friday June 26, 2009 03:30 pm 26

Exactly.

I think I must have overlapped with her when I was a grad student and she was an undergrad at Yale. I wish I’d known her then. She sounds like a mighty fine human being.


lambertstrether | Friday June 26, 2009 04:24 pm 27

Do they really think they were elected by people like us in order to do stuff like this?

No. Your point?


james | Friday June 26, 2009 05:41 pm 28
In response to oldgold @ 2

We got Gonzo with Senate approval; imagine the horrors behind door number three if “inferior” offices are removed from Senate approval.


Hugh | Friday June 26, 2009 06:14 pm 29
In response to eCAHNomics @ 6

Wittes is another Michael O’Hanlon at the supposedly (LOL) liberal Brookings Institute. He does law and has been an apologist for a lot of Bush’s terror policies. Makes me wonder if Brookings was ever liberal or if it was always a haven for junior fascists.


Hugh | Friday June 26, 2009 06:38 pm 30

The article also contains one very strange quote:

“”Civil liberties groups have encouraged the administration, that if a prolonged detention system were to be sought, to do it through executive order,” the official said. Such an order could be rescinded and would not block later efforts to write legislation”

What “civil liberties” groups worthy of the name would promote this idea?


Hugh | Friday June 26, 2009 06:40 pm 31

The WH has to have been working on this for a while but I wonder if the Janko case had something to do with the timing of this story.


acquarius74 | Saturday June 27, 2009 08:11 am 32
In response to Hugh @ 29

Hugh, you’re much better educated on financial matters than I, but in the wiki article on Paul Warburg can be found the answer to your query:

Following from my notes on this wiki article:

Makes me wonder if Brookings was ever liberal or if it was always a haven for junior fascists.

From 1921 to 1926 Paul Warburg was a member of the Advisory Council of the Federal Reserve Board, as president 1924-1926. He was also a trustee of the Institute of Economics, founded 1922, when it merged into The Brookings Institute in 1927 and he became a trustee of it, serving until he died [01/24/1932].

Paul Warburg’s wife was Nina J. Loeb, daughter of Salomon Loeb, founder of the NY investment firm of Kuhn, Loeb & Co. Nina J. (Loeb)Warburg’s sister married Jacob Schiff.

He became a director of The Council on Foreign Relations at its founding in 1921, remaining on its board until he died.

My study of the Federal Reserve Bank System and its iron grip and absolute control over our (and world’s) economy has led to my learning a lot about the banking families who founded it, why they founded it, and through intermarriage of those 7 families have maintained control over it to this day.

The wiki article about German Immigrants who became naturalized citizens will show you the origin of nearly all these banking families who intermarried to an almost incestuous degree – Goldman, Sachs, Lehman, Loeb, Jacob Schiff, Warburg, etc…


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