Friday, May 15, 2009

Dawn Johnsen's belief in the rule of law disqualifies her from Senate confirmation

Glenn Greenwald in Salon on the nomination of Dawn Johnsen to OLC. Links at site:

One of the best things Barack Obama has done since being elected President was selecting Dawn Johnsen to head the Office of Legal Counsel -- the office of Jay Bybee, John Yoo, Stephen Bradbury, torture memos, and theories of presidential omnipotence. Johnsen expressed outrage over the extremism and lawlessness of the Bush administration not (like most political and media elites) in the last few weeks when doing so was easy and irrelevant, but did so loudly and continuously while those crimes were actually taking place. Her arguments were grounded in one simple belief: that the duty of the OLC is to tell the President when his desired policies are unconstitutional or otherwise illegal. But as a vivid reflection of how perverse Washington culture is, those attributes -- outrage over high-level government extremism and criminality, and a belief in the rule of law -- are apparently disqualifying:

The Senate that is refusing to confirm Dawn Johnsen is the same Senate that confirmed Gen. Michael Hayden as CIA Director -- with overwhelming Democratic support -- even after it was revealed that he oversaw Bush's illegal NSA spying program. It's the same Senate that confirmed Alberto Gonzales as Attorney General -- with substantial Democratic support -- even once everyone knew that he had played a key role in Bush's torture program. It's the same Senate that -- thanks to Democrats Dianne Feinstein and Chuck Schumer -- confirmed Michael Mukasey as Attorney General even after he refused to say whether waterboarding was torture and endorsed some of the most extremist presidential powers ever asserted in the U.S.

And the Washington culture that finds Dawn Johnsen too inappropriate and extreme for their upstanding halls of power is the same culture that venerates as Serious centrists the "Blue Dogs" despite -- or, really, because of -- things like this:

Blue Dog Dems Rake in Health Care Contributions, Protest Exclusion from Debate

To recap the Washington hierarchy of Seriousness: Implementing an illegal spying program aimed at Americans is Serious, as is legalizing a torture regime, endorsing the President's right to imprison Americans without charges, and obediently carrying out the agenda of groups that stuff your pockets full of cash. But arguing that it is intolerable for the President to break the law in secret and that he must be held accountable when doing so is deeply unSerious, disqualifying from holding high political office, including when Democrats are in control of the Congress (the objections over Johnsen's involvement in NARAL are quite obviously pure pretext since NARAL's positions are squarely within the mainstream of abortion views and Johnsen was previously the acting OLC chief under Clinton without any objections; what changed, clearly, are both the tone and substance of her objections to Bush radicalism and lawbreaking {my em}).

Dawn Johnsen is probably someone who is actually too good for Washington, or at least too good to be confirmed by the U.S. Senate. It's still possible that her confirmation can be engineered -- Christy lists some phone numbers that might be worth calling -- but, at this point, at least, it looks doubtful. Examining Johnsen's apparent inability to get confirmed, and contrasting it with those who are hailed as the Serious centrists in Washington, reveals all anyone really needs to know about our political establishment.

Get the money, get re-elected, and don't derail the gravy train. The people and the country don't mean nothin'.

See also: this post from earlier today on how the term "Hard Left" is exploited by dishonest pundits in the torture debate, and this one on the mysterious collapse of the Right.

Go read those too. Mr. Greenwald hits both of 'em dead nuts.

UPDATE: I have one question for the great fighter-leader, Harry Reid: during Reid's tenure as Majority Leader, Michael Mukasey was confirmed as Bush's Attorney General with a grand total of 53 Senate votes. How come Dawn Johnsen "needs 60 votes" or else she'll be rejected?

Because he's a pussy, Glenn.

More.

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