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Saturday, April 10, 2010

Law - More on "Dawn Johnsen withdraws"

From the "home town" paper, the Bloomington Herald Times ($$), some quotes:

Many of Johnsen’s family members were in Indianapolis Friday for a formal swearing in ceremony for her brother-in law, David F. Hamilton of Bloomington, as a circuit judge on U.S. Court of Appeals for the 7th District. Attendees included other members of the 7th U.S. Court of Appeals and Ind. Sen. Evan Bayh.

During his remarks, David Hamilton made a cryptic reference to his sister-in-law, saying “she deserved a vote.” At that time, only political and family insiders knew that Johnsen had withdrawn.

After the ceremony ended and word of the withdrawal became public, people close to the situation declined to comment, citing the conflict with the celebratory nature of the swearing-in event.

Doug Schmidt of Bethesda, Md., a cousin of Dawn’s husband and David’s brother, John Hamilton, expanded upon David’s remark in speaking for the family, saying, “She deserved an up or down vote. We are deeply disappointed.

“Dawn Johnsen is one of the bravest people I know," Schmidt said. "At a time when our country is wrestling with serious issues regarding torture and the legitimate use of the Justice Department, she spoke clearly and bravely about American values and principles.

“I personally am more disappointed for our country.”

Richard Hamilton, the first minister at Bloomington’s St. Marks’s United Methodist Church and the father of David and John, also said he felt it was inappropriate to comment at this time.

The decision about who should lead the little-known office became a political flashpoint because of the controversies surrounding Bush-era interrogations of terror suspects.

From Charlie Savage of the NY Times:
It was not clear whether Ms. Johnsen or the White House had made the decision to pull her nomination. The news was overshadowed by the announcement, earlier in the day, that Justice John Paul Stevens was retiring from the Supreme Court at the end of this term.

Ms. Johnsen’s nomination had been closely watched because the Office of Legal Counsel has the power to tell the president and other executive officials whether actions would be lawful. Officials who rely on its secret opinions are essentially safe from prosecution — even if the office’s legal pronouncements are later deemed to be incorrect.

Once obscure, the office became controversial in the administration of President George W. Bush when its political appointees, citing sweeping theories of presidential power, secretly signed off on interrogation and surveillance policies that bypassed statutory and treaty restraints. Ms. Johnsen was an outspoken critic of those claims after they came to light.

An Indiana University law professor, Ms. Johnsen had also served as acting head of the Office of Legal Counsel during the Clinton administration. During the Bush administration, she helped lead a coalition of Clinton-era alumni of the office in proposing changes to restore its reputation and independence.

In a 2008 essay titled “Restoring Our Nation’s Honor,” Ms. Johnsen wrote: “We must avoid any temptation simply to move on. We must instead be honest with ourselves and the world as we condemn our nation’s past transgressions and reject Bush’s corruption of our American ideals. Our constitutional democracy cannot survive with a government shrouded in secrecy, nor can our nation’s honor be restored without full disclosure.”

Ms. Johnsen was among the first nominees Mr. Obama announced for the Justice Department in early January 2009. But while she was approved by the Senate Judiciary Committee in March 2009, she never received a floor vote.

Ms. Johnsen was singled out by conservatives as too liberal, in part because of her work for an abortion rights group two decades ago. And while one Republican senator, Richard G. Lugar of Indiana, supported her, at least two Democrats — Ben Nelson of Nebraska and Arlen Specter of Pennsylvania — said they opposed her.

Mr. Specter, facing a primary challenge from the left, later said he would not try to block her confirmation after all. And it was not clear whether Mr. Nelson would join Republicans in trying to block a vote on Ms. Johnsen with a filibuster. But the Senate majority leader, Harry Reid of Nevada, did not bring the nomination up for a floor vote.

Late last month, Mr. Obama bypassed the Senate confirmation process to install 15 long-stalled nominees as recess appointees, but Ms. Johnsen was not among them. A White House official said Mr. Obama did not give her a recess appointment because that would have undermined the effort to put the Office of Legal Counsel’s work above the partisan fray.

[More] Here, via Main Justice, are Ms. Johnsen's withdrawal letter and the White House response.

Posted by Marcia Oddi on April 10, 2010 08:08 AM
Posted to General Law Related