Mat Staver Flaunts His Ignorance About Goodwin Liu

(cross posted to Right Wing Watch)

Mat Staver of the ironically named Liberty Counsel has a new video up where he takes credit for the shameful filibuster of Goodwin Liu. That clears up so much.

Was it Mat Staver who "exposed" the "extremism" of this extremely qualified nominee? Was it Mat Staver who convinced every Republican senator but one to ignore Liu's testimony before the Senate Judiciary Committee, his detailed written submissions, and his many articles, all of which disproved the lies being told about him? Was it Mat Staver whose keen legal arguments completely discredited conservative legal figures like Ken Starr, Clint Bolick, Richard Painter, and John Yoo, all of whom were part of the vast network of support Liu received from the nation's legal community across the ideological spectrum?

Yeah, right.

No, it was naked partisan politics at its worst and not Mat Staver that sank Goodwin Liu's nomination.

But the video does raise an interesting question: If Staver knows so much about Goodwin Liu, why does he repeatedly call him "Godwin"? Don't you think he would know the man's name after all of his exhaustive research and outreach to senators?

PFAW

Judiciary Committee Hearing on OPR Report

On Friday, the Senate Judiciary Committee held hearings on the recently-released report by the Justice Department’s Office of Professional Responsibility (OPR).  The Office had been tasked with assessing whether lawyers in the Bush Office of Legal Counsel had acted unethically in crafting legal memoranda justifying torture.

Although the OPR report concluded that John Yoo and Jay Bybee had demonstrated “professional misconduct,” their recommendation for sanctions was overruled by Associate Deputy Attorney General David Margolis, who acknowledged that it was a close question but concluded that the two had exercised “poor judgment.

As we pointed out, regardless of the final recommendation, the detailed reports absolutely affirm that embattled nominee Dawn Johnsen, who has been waiting for more than a year to be confirmed to head OLC under Attorney General Eric Holder, was correct in her criticisms of the “torture memos” issued by the Bush OLC. 

Rather than being pilloried for her legitimate criticisms of the Bush OLC’s failure to respect the rule of law, Johnsen should be celebrated for extraordinarily valuable process she led with 19 former OLC lawyers in fashioning principles to guide OLC’s work going forward.

Those principles, by the way, have garnered support across the political spectrum, including former Attorney General Alberto Gonzales, Timothy Elliott Flanigan (nominated by Bush to be Deputy Attorney General), and former OLC head Steven Bradbury.

At the hearings, Senator Leahy noted that Attorney General Holder has been hampered in fully reforming OLC as Johnsen’s confirmation continues to be obstructed by Republicans. She should be confirmed without further delay.

PFAW

John Yoo versus Reality

Via The San Francisco Chronicle, it seems that the latest filing by John Yoo's lawyer— in a case brought by a prisoner who was illegally detained and tortured based on Yoo’s advice—has all the hallmarks of one of Yoo’s own briefs: it’s slipshod, morally questionable and utterly unsupported by the facts.

Take this assertion, for instance:

[Miguel Estrada, Yoo’s lawyer] also cited the Justice Department's report last week concluding that Yoo committed no professional misconduct in his memos.

As the Chronicle points out, Estrada failed to mention that that the Office of Professional Responsibility concluded that Yoo (along with now-Federal Judge Jay Bybee) demonstrated “professional misconduct” and ignored legal precedents.  Even the memo prepared by Associate Deputy Attorney General David Margolis, who ultimately attributed Yoo’s and Bybee’s actions to “poor judgment,” is “far from a vindication for John C. Yoo and Jay S. Bybee's shamefully narrow interpretations of laws against torture” according to the Los Angeles Times.  Margolis, while ruling out the harshest punishment for Yoo, says that debate over whether “Yoo intentionally or recklessly provided misleading advice to his client” is a “close question.”  Not exactly a ringing endorsement.

In fact, anyone who has actually read the report or Margolis’s memo knows that they paint a damning picture of Yoo’s actions.  Estrada’s claim that they exonerate Yoo is wishful thinking at best.

Next up is Estrada’s shot at guidelines drawn by a group of OLC alumni, headed by Dawn Johnsen, to help the Office move forward after the torture memos were made public.

In Friday's filing, Yoo's lawyer, Miguel Estrada, said Johnsen's guidelines reflect "only partisan disagreement with the policies of the previous administration."

How Estrada can deliver such an allegation with a straight face is difficult to fathom.  The idea that only partisans could oppose Yoo’s torture memos simply isn’t borne out by the facts.  First off, Republican Lindsey Graham didn’t seem to be a big fan of Yoo’s opinions, saying:

The guidance that was provided during this period of time, I think will go down in history as some of the most irresponsible and short-sighted legal analysis ever provided to our nation's military and intelligence communities.

Even putting aside Graham’s criticism of Yoo’s memos, Johnsen’s statement of principles was endorsed by Attorney General Alberto Gonzales, Deputy Attorney General Timothy Flanigan, and Acting OLC head Steven Bradbury in testimony to Congress.

But perhaps most galling is Estrada’s claim that Yoo remains a "respected legal scholar."

Honorifics aside, most “respected legal scholars” aren’t being investigated for war crimes by our allies.  Most don’t find their colleagues debating about whether or not ones tenure should be revoked.  And, notwithstanding the Margolis memorandum, the Office of Professional Responsibility doesn’t usually recommend that its findings of misconduct be referred to the state bar disciplinary authorities.

Estrada’s defense of Yoo is logically indefensible and divorced from even a passing resemblance to reality.  In short, it’s a brief only John Yoo could love.

PFAW

Dawn Johnsen’s Year in Review

January 5th might not be circled in red on your calendar (unless, of course, you’re celebrating Twelfth Night) but for some of us it’s become a noteworthy, if not entirely happy, anniversary.

One year ago today, then-President-elect Obama announced that he would nominate Indiana University law professor Dawn Johnsen to head the Justice Department’s Office of Legal Counsel.

OLC doesn’t traditionally grab headlines, but under the Bush Administration leadership of lawyers like John Yoo and Jay Bybee, it was ground zero for creating slipshod legal justifications for torture, rendition and abuses of executive power. So it was a breath of fresh air to hear that Obama had chosen a woman with impeccable qualifications and unimpeachable integrity to restore the reputation of the office.

But now, a year later, Dawn Johnsen is still waiting for a vote in the Senate, and Republicans (who can’t seem to find a nomination they don’t want to obstruct) have gone so far as to use the end of the term to send her nomination back to the White House. She’ll be renominated later this month, but then she’ll have to make yet another trip through the Judiciary Committee.

Dawn Johnsen certainly isn’t the only nominee who’s been caught up in GOP delay, but she’s spent more time in confirmation purgatory than anyone else.

The votes are there to confirm Johnsen and have been for some time. Any more delay is inexcusable. President Obama deserves to have his team in place—especially in an office as important as the OLC.

Take a minute to sign our petition calling on the Senate to confirm Dawn Johnsen.
 

PFAW

John Yoo: Still Lying

The blog The Anonymous Liberal does a fantastic job picking apart John Yoo's op-ed in today's Wall Street Journal defending himself against the findings of the recently released Inspector General's report.

In this morning's Wall Street Journal, John Yoo has an op-ed defending himself from the malpractice charges set forth in the recent Inspecter General's report. As with the opinions themselves, the op-ed is deeply disingenuous and misstates the law repeatedly.

Not surprisingly, Yoo begins the op-ed with a collosal straw man. He points out how important it is to intercept al Qaeda communications and writes: "Evidently, none of the inspectors general of the five leading national security agencies would approve." Of course, the issue is not whether intercepting communications is a good idea, but whether the program violated the law. Yoo was not a policy maker. He was a lawyer. His job was to state what the law was, not what it should be.

Yoo eventually gets around to addressing FISA, but quickly dismisses any notion that FISA might constrain the president...

Read the full post here.

PFAW

Restore Justice -- Impeach Bybee

Sunday's New York Times included an editorial calling for the impeachment of Jay Bybee, a U.S. Appeals Court Judge on the Ninth Circuit (nominated by Bush) who, while at the Department of Justice, authored memos providing the "legal" justification for the Bush administration's torture policies.

The Times is absolutely right: "These memos make it clear that Mr. Bybee is unfit for a job that requires legal judgment and a respect for the Constitution. Congress should impeach him."

Here's some more from the excellent editorial regarding the investigation that should take place (my emphasis added):

That investigation should start with the lawyers who wrote these sickening memos, including John Yoo, who now teaches law in California; Steven Bradbury, who was job-hunting when we last heard; and Mr. Bybee, who holds the lifetime seat on the federal appeals court that Mr. Bush rewarded him with.

...

And if the administration will not conduct a thorough investigation of these issues, then Congress has a constitutional duty to hold the executive branch accountable. If that means putting Donald Rumsfeld and Alberto Gonzales on the stand, even Dick Cheney, we are sure Americans can handle it.

If the administration won't do it, Congress must hold the executive branch accountable. Sounds familiar.

PFAW's Campaign to Restore Justice

Checks and balances. What a novel concept...

PFAW

The Audacity of Blackmail

According to the Daily Beast, the GOP is threatening to filibuster President Obama’s legal nominees if he moves to release the infamous “torture memos” that came out of the John Yoo-era Office of Legal Counsel:

A reliable Justice Department source advises me that Senate Republicans are planning to “go nuclear” over the nominations of Dawn Johnsen as chief of the Office of Legal Counsel in the Department of Justice and Yale Law School Dean Harold Koh as State Department legal counsel if the torture documents are made public. The source says these threats are the principal reason for the Obama administration’s abrupt pullback last week from a commitment to release some of the documents. A Republican Senate source confirms the strategy. It now appears that Republicans are seeking an Obama commitment to safeguard the Bush administration’s darkest secrets in exchange for letting these nominations go forward.

It was bad enough that George W. Bush spent the last eight years politicizing the Department of Justice and degrading the rule of law. Now, instead of working with the new administration to clean up the DOJ, Republican Senators are apparently doubling down and desperately attempting to cover up the Bush Administration’s misdeeds and their own complicity.

As several of the Democrats on the Senate Judiciary Committee said during the Committee’s vote on Dawn Johnsen’s nomination: bring it on. If the GOP wants a public debate about what’s been going in on the Justice Department, that’s the kind of debate the American people will understand.

In the mean time, now would be a good time to remind every member of the U.S. Senate, Democrat and Republican alike, that it’s time to confirm Dawn Johnsen and clean up the DOJ.

PFAW

Truth Telling in the Senate Judiciary Committee

President Obama’s choice to head the Office of Legal Counsel moved out of the Judiciary Committee today on a not-quite party line vote of 11-7. All the Democrats on the Committee supported her nomination, and all the Republicans opposed it, except for Arlen Specter, who passed.

Today’s vote is important because now the nomination of this extraordinarily qualified woman to head the Office of Legal Counsel will go forward to the floor, where—hopefully—she will get a vote by the full Senate.

But today’s session was also important because of the truth telling by a number of members, including Senators Leahy, Durbin, and Whitehouse, about the central role the Office of Legal Counsel played during the Bush Administration in undermining the rule of law and advancing some of its "most horrendous practices." As Senator Whitehouse said it was the "leading contender for the most rotten place during the Bush Administration.” 

The Senators made the case for how qualified Dawn Johnsen is to head this office—her record of previous service as a Deputy Attorney General; her intellectual honesty and exceptionally good judgment; her extremely constructive role, in response to the Bush Administration excesses, in pulling together nineteen former OLC attorneys to craft a statement of principles to guide the Office of Legal Counsel that has won bipartisan praise. And they told their colleagues on the other side of the aisle that when this nomination comes to the floor, if they want to debate the past role of the Office of Legal Counsel, if they want to debate the role that John Yoo among others played in undermining the rule of law, then bring it on. That’s the kind of debate the American people will understand!

This was a good day for the American people, and for the rule of law.  Let’s hope it continues.

PFAW