No Comment — June 11, 2010, 10:04 am

Dawn Johnsen on the Appointments Dilemma

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Dawn Johnsen, who recently asked that her nomination to head the Justice Department’s Office of Legal Policy be withdrawn after it languished for more than a year, has an op-ed in today’s Washington Post highlighting the problems presented by the confirmations stalemate in the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the fact is that she had Republican support, and may well have had sixty votes or more at the time her nomination was withdrawn.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.

Share
Single Page

More from Scott Horton:

No Comment, Six Questions June 4, 2014, 8:00 am

Uncovering the Cover Ups: Death Camp in Delta

Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp

From the June 2014 issue

The Guantánamo “Suicides,” Revisited

A missing document suggests a possible CIA cover-up

No Comment March 28, 2014, 12:32 pm

Scott Horton Debates John Rizzo on Democracy Now!

On CIA secrecy, torture, and war-making powers

Get access to 164 years of
Harper’s for only $39.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

October 2014

Cassandra Among the
Creeps

= Subscribers only.
Sign in here.
Subscribe here.

“Today Is Better Than Tomorrow”

= Subscribers only.
Sign in here.
Subscribe here.

PBS Self-Destructs

= Subscribers only.
Sign in here.
Subscribe here.

The Monkey Did It

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Post
 
Rebecca Solnit on silencing women, a Marine commander returns to Iraq, the decline of PBS, and more
Article
Cassandra Among the Creeps·

= Subscribers only.
Sign in here.
Subscribe here.

On silencing women
“The old framework of feminine mendacity and murky-mindedness is still routinely trotted out, and we should learn to recognize it for what it is.”
Photograph © Sallie Dean Shatz
Post
Ending College Sexual Assault·

= Subscribers only.
Sign in here.
Subscribe here.

“This is not a fable about a young woman whose dreams were dashed by a sexual predator. Maya’s narrative is one of institutional failure at a school desperately trying to adapt.”
Photograph © AP/Josh Reynolds
Post
 
"Clothes are a bit like eating: you have to dress yourself. You have to eat, and even if you eat pizza all day long, that’s still a choice."
Photograph © G Powell
Article
“Today Is Better Than Tomorrow”·

= Subscribers only.
Sign in here.
Subscribe here.

“Iraq has every disease there is; its mind is deranged with too many voices, its organs corrupted, its limbs only long enough to tear at its own body.”
Photograph by Benjamin Busch

Amount by which the total wealth of all American households declined last year:

$11,200,000,000,000

A study concluded that commercial fish stocks may be gone by 2050 as a result of overfishing, pollution, and global climate change.

“All I saw,” said a 12-year-old neighbor of visits to the man’s house, “was just cats in little diapers.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

In Praise of Idleness

By

I hope that after reading the following pages the leaders of the Y. M. C. A. will start a campaign to induce good young men to do nothing. If so, I shall not have lived in vain.

Subscribe Today