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Dawn Johnson Withdraws Nomination for Office of Legal Counsel

Dawn Johnson has withrawn her nomination for Office of Legal Counsel. She cites the delays in confirming her nomination.

Unfortunately, my nomination has met with lengthy delays and political opposition that threaten that objective and prevent OLC from functioning at full strength. I hope that the withdrawal of my nomination will allow this important office to be filled promptly."

Senators say the votes weren't there. Ben Nelson, a Dem, opposed her, and even though Richard Lugar, a Republican, supported her, there was concern about a filibuster.

Seems to me like Obama could have pushed harder for her. She should have been confirmed.

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  • Display: Sort:
    could this have anything to do with (5.00 / 1) (#1)
    by Capt Howdy on Fri Apr 09, 2010 at 04:57:01 PM EST
    clearing the decks for the SC confirmation fight?


    Could this have anything to do with (5.00 / 2) (#2)
    by oculus on Fri Apr 09, 2010 at 05:07:56 PM EST
    the positions the executive branch has taken during the first year of this administration?

    Parent
    Could this have anything to do with (5.00 / 2) (#6)
    by Dan the Man on Fri Apr 09, 2010 at 05:14:16 PM EST
    not making her a recess appointment as the President has done with other appointees recently?

    Parent
    he cery carefully (none / 0) (#8)
    by Capt Howdy on Fri Apr 09, 2010 at 05:15:35 PM EST
    and I think craftily made exactly the same number of recess appoitments Bush had made at this point in his first term.

    perhaps there was not a slot.

    Parent

    Why do you think it was crafty and good (5.00 / 2) (#11)
    by oculus on Fri Apr 09, 2010 at 05:20:02 PM EST
    policy for Pres. Obama to limit his recess appointments to the same no. as Bush II made?

    Parent
    because (none / 0) (#13)
    by Capt Howdy on Fri Apr 09, 2010 at 05:21:35 PM EST
    the right wing hate machine had one less arrow in their quiver.  

    Parent
    I guess this: (5.00 / 4) (#35)
    by ZtoA on Fri Apr 09, 2010 at 05:57:08 PM EST
    "right wing hate machine had one less arrow in their quiver"

    is working!  They'll probably be really nice now.

    Parent

    well thats a typical comment (none / 0) (#37)
    by Capt Howdy on Fri Apr 09, 2010 at 05:59:07 PM EST
    I think we are all pretty sure they wont.  and of course that was not my point at all.


    Parent
    sounded like it was your point (5.00 / 1) (#43)
    by ZtoA on Fri Apr 09, 2010 at 07:14:38 PM EST
    I must have misunderstood

    Parent
    btw (none / 0) (#15)
    by Capt Howdy on Fri Apr 09, 2010 at 05:23:43 PM EST
    I never said it was good policy.  I said it was crafty.

    Parent
    Sorry. "Carefully." (none / 0) (#17)
    by oculus on Fri Apr 09, 2010 at 05:28:01 PM EST
    well obviously (none / 0) (#20)
    by Capt Howdy on Fri Apr 09, 2010 at 05:32:09 PM EST
    does anyone think it was not done carefully?

    and cautiously for that matter.

    Parent

    I didnt (none / 0) (#4)
    by Capt Howdy on Fri Apr 09, 2010 at 05:12:55 PM EST
    get ya.  whats your point? she withdrew because she has a problem with the policies?

    Parent
    She was nominated early on. Candidate (5.00 / 2) (#7)
    by oculus on Fri Apr 09, 2010 at 05:15:24 PM EST
    Obama's positions on civil liberties do not seem to be the same as the positions of his DOJ in the past year   State secrets, closing Guantanamo, criminal trials in federal district courts, indefinite detention w/o trial.

    Parent
    if that the case (none / 0) (#9)
    by Capt Howdy on Fri Apr 09, 2010 at 05:16:58 PM EST
    we will probably hear about it eventually, no?

    Parent
    Hueristics. (none / 0) (#10)
    by oculus on Fri Apr 09, 2010 at 05:19:04 PM EST
    heh (none / 0) (#14)
    by Capt Howdy on Fri Apr 09, 2010 at 05:23:00 PM EST
    perhaps

    Parent
    Unlikely (none / 0) (#26)
    by squeaky on Fri Apr 09, 2010 at 05:42:00 PM EST
    Dawn Johnsen is quite outspoken and would have withdrawn her nomination at that point.

    Here is her tirade against BushCo and particularly Yoo..

    Parent

    that was my thinking as well (none / 0) (#27)
    by Capt Howdy on Fri Apr 09, 2010 at 05:43:36 PM EST
    she doenst seem shy and retiring

    Parent
    "Keeping their powder dry" (5.00 / 1) (#48)
    by lambert on Sat Apr 10, 2010 at 09:20:31 AM EST
    Just to offer the obvious translation.

    Parent
    Obama (5.00 / 10) (#19)
    by Brookhaven on Fri Apr 09, 2010 at 05:30:51 PM EST
    Could have pushed harder for lots of things but he didn't.  

    I don't blame Dawn Johnson one bit for getting fed up with the brain dead political crap being played in the Senate over every conceivable thing including her nomination.  And, by his past behavior, seeing how Obama will eventually fight for things only when it starts to negatively effect the future of his political fortunes, one would have to be brain dead or purposefully blind to overlook that pink elephant in the room.  So no wonder Johnson has moved on: which for me is a shame because she would have been a very welcome addition to and a much needed change in the Office of Legal Counsel.  

    So, another one bites the dust.  How many buses are there now, I wonder, for all of those flung under it starting with the Reverend Jeremiah Wright?

    And, as for teh Senate: it now consists of a bunch of mediocre, pusillanimous and craven yes men and women. With the possible exception of the Junior Senator from Minnesota, I've never seen a bunch less worthy to hold the title of US Senator.

    Before Obama could push harder, (5.00 / 14) (#23)
    by Anne on Fri Apr 09, 2010 at 05:36:06 PM EST
    he would have had to push at all, something there is no indication he ever did.

    OLC under Bush was a disaster, and everyone knew it; Johnsen's nomination was supposed to signal that Obama's OLC would not be on the same order.  Turns out, though, that she was just a bone, lip service to liberals, a sop to those who wanted the Constitution to mean something.  

    The proof of the pudding is, as always, in the eating, and Obama's policy decisions on a host of issues have been counter to what many believe would have been the advice of a Dawn Johnsen-led OLC, so, it's hard not to come to the conclusion that Obama was perfectly happy with the symbolism of Johnsen's nomination, unencumbered as he was with a non-compliant OLC.

    So...who will be nominated in her place?  Someone who, over a year into Obama's term will continue to pave the way for Obama to carry out things like orders to assassinate an American citizen, or someone likely to make those kinds of things harder?

    Hmmm...I wonder.

    And people wonder why so many of us are less-than-excited at the prospect of another Obama SC nomination.

    The Democratic Senate confirmed (5.00 / 3) (#24)
    by KeysDan on Fri Apr 09, 2010 at 05:40:21 PM EST
    President Bush's first nominee to OLC, the now infamous Jay Bybee, just 39 days after he was nominated.,  So, apparently,  bipartisanship means stopping all that fighting in Washington, be civil and do what the Republicans want.

    indeed (none / 0) (#25)
    by Capt Howdy on Fri Apr 09, 2010 at 05:41:57 PM EST
    n/t

    Parent
    Plenty of room under the bus! (5.00 / 1) (#47)
    by lambert on Sat Apr 10, 2010 at 09:19:38 AM EST
    Welcome, Dawn!

    Obama is a friggin' coward (4.00 / 4) (#3)
    by shoephone on Fri Apr 09, 2010 at 05:09:49 PM EST
    Instead of pushing hard against the GOP filibuster threats, he'd rather play footsie with Republicans.

    Coward.

    He could have made a recess appointment (5.00 / 1) (#44)
    by ruffian on Fri Apr 09, 2010 at 07:39:19 PM EST
    Didn't want her badly enough for a fight.


    Parent
    of course (3.50 / 2) (#5)
    by Capt Howdy on Fri Apr 09, 2010 at 05:13:56 PM EST
    the other possibility is he is picking his fights.


    Parent
    BS excuses don't interest me much (5.00 / 6) (#12)
    by shoephone on Fri Apr 09, 2010 at 05:20:20 PM EST
    He's a coward on this one. It matters little "how many" recess appointments he makes. What maters alot is WHICH recess appointments he makes.  

    Parent
    Then (5.00 / 1) (#21)
    by jbindc on Fri Apr 09, 2010 at 05:33:08 PM EST
    Why nominate her in the first place?

    Your comment makes no sense.

    Parent

    he nominated her (none / 0) (#22)
    by Capt Howdy on Fri Apr 09, 2010 at 05:34:46 PM EST
    and her nomination was blocked.  what part of that doesnt make sense.

    Parent
    She was voted out of committee (none / 0) (#28)
    by jbindc on Fri Apr 09, 2010 at 05:45:13 PM EST
    Some Rs threatened to block her, but never officially did.  Can you tell me who formally blocked her?  Obama was hugely popular then, Dems had a large majority, and the Rs were in complete disarray.  He didn't want this fight??!

    PPUS was more important....

    Parent

    so what are you saying exactly (none / 0) (#29)
    by Capt Howdy on Fri Apr 09, 2010 at 05:47:22 PM EST
    that her nomination was not blocked?

    Parent
    Google Is Your Friend (none / 0) (#30)
    by squeaky on Fri Apr 09, 2010 at 05:47:25 PM EST
    Thanks for making my point (none / 0) (#32)
    by jbindc on Fri Apr 09, 2010 at 05:55:23 PM EST
    She was nominated in March of 2009 and while the Rs threatened to block her, they never were successful until Christmas. She was renominated in January.

    So tell us again how he was picking his fights last year when he was popular and had a Supermajority in the Senate? A threat of a fibuster is not a block.

    Parent

    a threat of a sustainable (none / 0) (#33)
    by Capt Howdy on Fri Apr 09, 2010 at 05:56:32 PM EST
    filibuster is not a block.  whatever you say.

    Parent
    Your Point? (none / 0) (#34)
    by squeaky on Fri Apr 09, 2010 at 05:56:59 PM EST
    Well Dawn Johnsen disagrees with your point...  lol

    Parent
    and btw (none / 0) (#36)
    by Capt Howdy on Fri Apr 09, 2010 at 05:57:52 PM EST
    he never really had a "Supermajority in the Senate"

    Parent
    ftr from the article (none / 0) (#31)
    by Capt Howdy on Fri Apr 09, 2010 at 05:48:32 PM EST
    A filibuster, in the end, was likely sustainable. Faced with this calculus, the White House chose not to appoint Johnsen during Senate recess, which would have circumvented a likely filibuster but would have kept her in the position for less than two years.


    Parent
    In your opinion, does this information (none / 0) (#39)
    by oculus on Fri Apr 09, 2010 at 06:01:35 PM EST
    support your position?

    Parent
    my "position" (none / 0) (#40)
    by Capt Howdy on Fri Apr 09, 2010 at 06:02:44 PM EST
    I really dont have a position.
    sorry.

    Parent
    We (5.00 / 3) (#38)
    by lentinel on Fri Apr 09, 2010 at 06:01:27 PM EST
    to through this every time.
    He's picking his fights.
    He's laying low and then he'll...
    This is just a beginning... a first step..

    Let's face it.

    Obama isn't a fighter.
    He isn't a progressive.
    He just isn't.
    He's not picking anything.

    Parent

    It's a shame (none / 0) (#16)
    by andgarden on Fri Apr 09, 2010 at 05:25:52 PM EST
    But the writing was on the wall as soon as Coakley lost, if not before.

    Per Wiki, she is Methodist, teaches (5.00 / 2) (#18)
    by oculus on Fri Apr 09, 2010 at 05:29:53 PM EST
    Sunday School, is married w/two children.  But, refreshingly, she did not say she was withdrawing in order to spend more time with her family.

    Parent
    You (none / 0) (#45)
    by CoralGables on Fri Apr 09, 2010 at 11:01:54 PM EST
    have to have a position to leave to spend more time with the family. She never got the position.

    Parent
    Recess appointment for BTD (none / 0) (#41)
    by Ben Masel on Fri Apr 09, 2010 at 07:03:22 PM EST
    would make the Republicans wish they'd confirmed her.

    lol (none / 0) (#42)
    by squeaky on Fri Apr 09, 2010 at 07:08:53 PM EST
    Although he probably is a centrist on (none / 0) (#46)
    by oculus on Fri Apr 09, 2010 at 11:14:28 PM EST
    some of these civil liberties issues.

    Parent