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GUEST COLUMN |
FOR IMMEDIATE RELEASE |
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State
Rep. Tony Payton, Jr. Nov. 5, 2009 |
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Eminently qualified nominee deserves a vote
By state Rep. Tony Payton, Jr.
It has been nearly eight months since the Senate Judiciary Committee approved the nomination of Professor Dawn Johnsen to lead the Office of Legal Counsel and yet she still hasn’t received a full vote by the Senate. The same Republicans senators who vehemently argued against blocking President Bush’s nominees are now doing all they can to obstruct and delay the confirmation of President Obama’s judicial and executive branch nominees. The pending nomination of Dawn Johnsen is one of the most egregious displays of partisan obstructionism in Washington, and it has no place in American politics.
The OLC plays a vital role in protecting our constitutional rights – informing the president and the executive branch whether proposed executive orders and legislation are within the Constitution and the law. This is a key responsibility in ensuring that our government respects constitutional rights such as freedom of speech and association; freedom of religion; the right to privacy; and equal treatment under the law, without discrimination. Under the Bush administration, the OLC did not do its job. Its lawyers authored the infamous torture memos and approved the illegal wiretapping of U.S. citizens. When these abuses were discovered, Ms. Johnsen spearheaded an effort by 19 legal experts to develop well-respected guidelines to help ensure that the office fulfills its proper role in the future.
Professor Johnsen is eminently qualified to head the OLC. She is a distinguished law professor at Indiana University whose academic writings have focused on how to protect against abuses of executive power. She served for over a year as the acting director of this very same office under President Clinton. She enjoys the bipartisan support of officials who served under Presidents Regan, George H.W. Bush, Clinton and George W. Bush. Doug Kmiec, who headed OLC under both Presidents Reagan and George W. Bush, has commended Professor Johnsen for her demonstrated ability to separate law from politics and provide the president with unbiased advice without qualification.
Despite her impressive qualifications, Professor Johnsen’s nomination has been pending on the Senate calendar for months. Sen. Arlen Specter recently called the Republican Party, the Party of No, No, No. Well it’s time the senator does something about it: It’s time for him to publicly repudiate efforts to block this nomination and announce his support. It’s time for Sen. Specter to say "no" to the Party of No.
This extraordinary obstruction needs to end. Professor Johnsen has the intellect and integrity we need for this critical position. Further delay is unacceptable. It’s time the Senate confirms Professor Johnsen and lets her begin the vital work this country has been waiting for over the past eight months.
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