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Indiana law professor Dawn Johnsen, who recently asked that her nomination to head the Justice Department’s Office of Legal Policy be withdrawn after it languished for more than a year, has an op-ed in today’s Washington Post highlighting the problems presented by the confirmations stalemate in the Senate:
It is long past time to halt the damage caused by the “torture memo” by settling on a bipartisan understanding of the proper role of this critical office and confirming an assistant attorney general committed to that understanding. There is no simple answer to why my nomination failed. But I have no doubt that the OLC torture memo — and my profoundly negative reaction to it — was a critical factor behind the substantial Republican opposition that sustained a filibuster threat. Paradoxically, prominent Republicans earlier had offered criticisms strikingly similar to my own. A bipartisan acceptance of those criticisms is key to moving forward. The Senate should not confirm anyone who defends that memo as acceptable legal advice.
The Office of Legal Counsel advises the president and executive branch agencies on the legality of contemplated actions and policies. It ensures that the executive branch follows the law, thereby protecting individual liberty and the structure of our government. Since Sept. 11, 2001, and the subsequent security challenges facing our nation, the OLC’s work has become all the more important.
The experience of the Bush-Cheney era was a lesson for many who considered OLC an outpost for academic nerds. Legal policy is essential to the work of any administration. No government can credibly claim allegiance to the rule of law without a firm legal policy foundation. Many of the nightmares of the last decade had to do with an OLC dominated by right-wing ideologues and political hacks. Under Obama there may have been progress on some fronts, but the recent controversies over drone warfare and the Omar Khadr prosecution reveal that there are too many unresolved contradictions in the administration’s position.
I assessed the failure of Johnsen’s nomination here. I think Johnsen is right that disagreements over torture policy fueled G.O.P. opposition to her nomination. But the fact is that she had Republican support, and may well have had sixty votes or more at the time her nomination was withdrawn. So why wasn’t she confirmed? Harry Reid and Rahm Emanuel are the only people who can answer that question. Reid has proven inept generally in managing the confirmations process, and unwilling to push nominees through even when they had solid majority support. Unlike recent Republican chiefs-of-staff, Emanuel has taken a detached view of nominations, allowing candidates to languish and failing to provide White House support to push the process to a vote. Emanuel’s view also seems to be that any nominee who runs into trouble with the G.O.P. should just withdraw. This attitude empowers those in the G.O.P. who raise bad-faith objections to nominees and further clogs the system. It’s one reason why Emanuel doesn’t stack up well when compared with any of his recent Republican predecessors.
More from Scott Horton:
Conversation — August 5, 2016, 12:08 pm
Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Flor Arely Sánchez had been in bed with a fever and pains throughout her body for three days when a July thunderstorm broke over the mountainside. She got nervous when bolts of light flashed in the sky. Lightning strikes the San Julián region of western El Salvador several times a year, and her neighbors fear storms more than they fear the march of diseases — first dengue, then chikungunya, now Zika. Flor worried about a lot of things, since she was pregnant.
Late in the afternoon, when the pains had somewhat eased, Flor thought she might go to a dammed-up bit of the river near her house to bathe. She is thirty-five and has lived in the same place all her life, where wrinkled hills are planted with corn, beans, and fruit trees. She took a towel and soap and walked out into the rain. Halfway to the river, the pains returned and overcame her. The next thing Flor remembers, she was in a room she didn’t recognize, unable to move. As she soon discovered, she was in a hospital, her ankle cuffed to the bed, and she was being investigated for abortion.
Average amount of time a child spends in Santa Claus’s lap at Macy’s (in seconds):
Beer does not cause beer bellies.
Following the arrest of at least 10 clowns in Kentucky and Alabama, Tennesseans were warned that clowns could be “predators” and Pennsylvanians were advised not to interact with what one police chief described as “knuckleheads with clown-like clothes on.”
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”