OLC: Presidential Power At Root Of GOP Opposition To Dawn Johnsen

[babylonsister]

OLC: Presidential Power At Root Of GOP Opposition To Dawn Johnsen
Christy Hardin Smith Monday May 11, 2009 5:14 am


Dawn Johnsen is one of the premiere scholars -- on the left or right -- on the subject of presidential power, constitutionality and the rule of law.

She, along with several other former OLC lawyers from all sides of the political aisle, crafted a document which lays out limitations on presidential power and conduct under our nation's laws shortly after the OLC torture memos started surfacing. And that is at the root of GOP opposition to her nomination.

For, as this says, there are some boldfaced limitations to "whatever the President says goes," and the OLC lawyers not only knew that, but had a duty to say so:

OLC’s core function is to help the President fulfill his constitutional duty to uphold the Constitution and “take care that the laws be faithfully executed” in all of the varied work of the executive branch. OLC provides the legal expertise necessary to ensure the lawfulness of presidential and executive branch action, including contemplated action that raises close and difficult questions of law. To fulfill this function appropriately, OLC must provide advice based on its best understanding of what the law requires. OLC should not simply provide an advocate’s best defense of contemplated action that OLC actually believes is best viewed as unlawful. To do so would deprive the President and other executive branch decisionmakers of critical information and, worse, mislead them regarding the legality of contemplated action. OLC’s tradition of principled legal analysis and adherence to the rule of law thus is constitutionally grounded and also best serves the interests of both the public and the presidency, even though OLC at times will determine that the law precludes an action that a President strongly desires to take.

The question is not why Dawn Johnsen would believe that even the President must adhere to the rule of law. Because that is and always has been the standard to which we, in this nation, have held our leaders in a republic which was founded on the very notion that this is a nation of laws, not men.

The question truly is why have some people allowed political expedience to trump the rule of law in their public pronouncements?

That is the root of GOP opposition to Dawn Johnsen. Because once that is exposed for the fraud it has been on the American public, that all the fear mongering and lawless macho posturing has been a sham to provide CYA for behavior they knew -- KNEW -- was unlawful?

Then accountability begins to knock.

more...

http://christyhardinsmith.firedoglake.com/2009/05/11/olc-limits-on-presidential-power-at-root-of-gop-opposition-to-dawn-johnsen/

[RUMMYisFROSTED]

1. She's not being blocked.

Yet.

[babylonsister]

2. Her nomination is being held up by a threat of a filibuster.

That sounds like successful blocking to me.

http://blogs.wsj.com/washwire/2009/04/28/specters-switch-wont-help-justice-nominee/
* April 28, 2009, 3:27 PM ET


Don’t expect Pennsylvania Sen. Arlen Specter’s switch to the Democratic camp to help lift the block on the nomination of Dawn Johnsen to head the Justice Department’s Office of Legal Counsel.

Johnsen is an Indiana University professor who has garnered Republican enmity for her strident positions against the Bush administration’s national security policies and for her work for an abortion-rights group.

Specter, in his press conference to formally announce his party switch, said he remains opposed to Johnsen, whose nomination is being held up by a Republican filibuster threat.

Democratic leaders have been working to get Specter and two other moderate Republicans, Sens. Olympia Snowe and Susan Collins, both of Maine, to support Johnsen, even as they face the prospect of losing at least one Democrat, Nebraska Sen. Ben Nelson.

The Specter switch further complicates that effort.

Specter and Nelson haven’t said whether they would support a procedural measure to force an up-or-down vote on Johnsen.