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?
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?








“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