OLC: “Look The Other Way” Doesn’t Count As Leadership

Via express permission only, Donna H. Chiarelli.

Somewhere in the last few weeks, the Beltway stupor has begun to lift on obstructionist tactics.  Sort of.

When even Norm Ornstein raises his eyes from the muck and sees a need for finger wagging, you know there’s been some sternly worded chatter over manchego and port in Georgetown.

As of May 31, only 151 of the 1,100-plus Senate-confirmable positions had in fact been confirmed by the Senate….If a few controversial cases are filibustered, so be it…But if the filibuster is used for capricious or simply obstructionist means…then that tactic should be widely condemned and may be even a call for reform of the rule….

And maybe, after this mess is cleared up, we can get to a bipartisan effort to reform the nomination and confirmation process for future nominees and future presidents.

Note the plea to return to the bipartisan gentility of yore? I always get the feeling that these people think fairies will come along and sprinkle "play nice" pixie dust and all that nasty political infighting will just blow away like so much sewer gas on a night breeze.

Yeah. Right.

Government is trench warfare for ongoing political turf battles and election cycles to come.  Staging and rampart building for the next round, staking out the best field positions for lobbing sewage at one another…it’s how our government works at the moment.

No amount of saying "bipartisan" and clicking your heels together three times makes it not so.

Further, when governance becomes more about covering your complicity, keeping things moving for your hefty donor database participants and trying not to make waves?   Who thinks of that as actually governing? 

The constant bipartisan zombie refrain of "let’s return to consensus governance" belies the fact that it takes all sides cooperating and not just one caving to the other.  And it drives me over the edge that it is trotted out most consistently as the Democratic leadership mantra in precisely the areas where a firm line is most desperately needed:

"We’re trying to set a tone here," the official said. "We’re trying to send a message that we’re going to spend time consulting in the Senate. We are eager to put the confirmation wars behind us."

Well, that’s lovely sentiment on judicial nominations, isn’t it?  I’m certain that the Federalist Society and the rampant minions of conservative jurisprudence-r-us are just willing to shake and make nice.

Case in point? Dawn Johnsen, whose nomination to fill OLC’s helm still languishes shamefully.

Why does it do so? I am convinced it goes something like this: Dawn Johnsen is exactly what is needed at OLC. Several insiders convince newly minted President Obama to nominate her and he thinks, since it’s a bit of an obscure office and she’s incredibly well qualified, that’s a great idea and it will make the civil liberties people really happy, so what the heck?

Then the right wing noise machine kicks into gear.  They smell an opportunity to ruin the reputation of one of their most respected critics and deal a political blow to Obama at the same time by forcing a bruising fight in an area he wasn’t expecting one.

Well, duh. This is what they do, so how could this be unexpected?  

And yet, it appears to have been from every source I’ve had on this.

From there, the stalemate develops, as Mitch McConnell and his GOP leadership folks smell lack of plan and utter lack of spine and commitment to Johnsen from either Democratic leadership or the White House. Swift action might have forestalled this but, instead?   She’s left to hang out there in the wind because no one steps up to the plate.

Meanwhile, when this is pointed out by bloggy irritants (me), the pass the buck on blame for why things have not gone well boils down to "why should I stick my neck out when so-and-so isn’t willing to do so?" 

It comes down to a calculation on expenditure of political capital.  And the rule of law simply is not at the top of the calculus pile at the moment.  It’s that simple.

Well, news flash Beltway peeps:  "look the other way" doesn’t count as leadership. And I’ll be damned if I’m willing to just look the other way on this one.