Harry Reid is having trouble getting the votes together to confirm Dawn Johnsen as the head of the Office of Legal Counsel in the Department of Justice. This just makes me furious.
Johnsen is not only qualified, heck, over-qualified for the position, it would be a rare chance to install a legal thinker who has clearly and consistently argued for the OLC to play a role that people in both parties are supposed to want. Democrats, who have made consistent rhetorical demands in the last eight years for an executive constrained by the rule of law, have an opportunity to confirm someone who agrees with them. Republicans are politically interested in seeing the executive constrained by the rule of law and some, led by Dick Cheney, have been demanding further disclosure of torture practices in an effort to display their efficacy, and thus would also have a chance to confirm someone who agrees with them.
The mind-boggling reason that moderates like Ben Nelson and Arlen Specter won't vote for her and won't commit to voting for cloture? She's pro-choice and used to be NARAL's legal council.* And yet all the Democrats and half of the Republicans voted to confirm Johnsen's immediate boss, Attorney General Eric Holder, who is also pro-choice. That such an excellent nominee might be left out of government based on such superficial political games is a crying shame. Where are my Maine Republicans at?
-- Tim Fernholz
*Almost got you there, didn't I? None of these fine legislators will say it on the record, but Johnsen's real problem is her opposition to illegal torture. Crazily enough, that's why she's the best person for the job -- a strong belief in the rule of law.
