Assistant Attorney General

Pro-Corporate Groups Spend Millions To Save Walker’s Preferred Justice In Wisconsin

Wisconsin Supreme Court Justice David Prosser was supposed to win reelection in a walk, after winning a February primary with 55% of the vote. Prosser, a former Republican state assemblyman, faced JoAnne Kloppenburg, who previously served as the state’s assistant attorney general and came in second in the primary. But Governor Scott Walker’s brazen push to bust unions and implement an ultraconservative political agenda spurred the progressive community into action, and Walker’s popularity plummeted.

Many of the Wisconsinites who are outraged over the right-wing policies pursued by Walker and the Republican-controlled legislature, rallied to Kloppenburg’s side. Walker allies feared the potential defeat of Prosser, who called himself “a common sense complement to both the new [Walker] administration and Legislature.”

While there are just a few hundred votes separating the two candidates, guaranteeing a recount, last-minute spending by right-wing organizations helped salvage Prosser’s flagging campaign.

According to the Brennan Center for Justice of New York University, which monitors spending in judicial elections, pro-corporate groups have greatly outspent progressive organizations. The Brennan Center found that spending in the race passed the $3.5 million mark, with most of the spending benefiting Prosser.

While the Greater Wisconsin Committee ran ads against Prosser’s reelection, pro-corporate organizations such as the Wisconsin Manufacturers and Commerce (an amalgamate of the Wisconsin State Chamber of Commerce and the Wisconsin Manufacturers Association), the Club for Growth, Citizens for a Strong America, and the Tea Party Express have flooded the state with ads supporting Prosser and berating Kloppenburg.

As of Monday, the four groups which backed Prosser spent a combined $2,177,220, but the Greater Wisconsin Committee spent $1,363,040. The final spending figures have not yet been tallied.

Citizens for a Strong America, a front group for the Koch Brothers-financed Americans for Prosperity, ran an ad so erroneous that the nonpartisan group PolitiFact gave it a “pants on fire” rating. Even the far-right Family Research Council added to the smear campaign, attacking Kloppenburg, who worked as assistant attorney general since 1989, as inexperienced in advertisements on thirty-four Wisconsin radio stations.

With a recount pending, Kloppenburg’s come-from-behind campaign shows the ability of progressives in states like Wisconsin to overcome the corporate juggernaut that is able to spend almost limitless amounts of money to support its favored candidates.

PFAW

Dawn Johnsen Speaks Out on the Office of Legal Counsel

Dawn Johnsen, the law professor who was forced in April to withdraw her nomination to head the DOJ’s Office of Legal Counsel, has written a forceful op-ed in today’s Washington Post. Johnsen, an exceedingly qualified candidate who was the victim of a fifteen month Republican obstruction effort, writes that the President and Senate need to quickly install a new OLC head—and to pick someone who will lead the office in an honest and nonpartisan way:

In 2004, the leak of a controversial memo on the use of torture catapulted the Justice Department's Office of Legal Counsel into the spotlight. Fallout and debate continue, including in the context of my nomination -- withdrawn this spring -- to head this office. While attention understandably is focused on confirming the president's Supreme Court nominee, the OLC remains, after six years, without a confirmed leader.

It is long past time to halt the damage caused by the "torture memo" by settling on a bipartisan understanding of the proper role of this critical office and confirming an assistant attorney general committed to that understanding.

There is no simple answer to why my nomination failed. But I have no doubt that the OLC torture memo -- and my profoundly negative reaction to it -- was a critical factor behind the substantial Republican opposition that sustained a filibuster threat. Paradoxically, prominent Republicans earlier had offered criticisms strikingly similar to my own. A bipartisan acceptance of those criticisms is key to moving forward. The Senate should not confirm anyone who defends that memo as acceptable legal advice.

Johnsen is right that the OLC should be led by a fierce advocate of the rule of law—someone like Johnsen herself. We hope that the debate over the next OLC nominee will, unlike the last debate, reflect the importance of this qualification.

 

PFAW

Dawn Johnsen and the GOP Obstruction Game

As you may have seen reported, in a perfect exclamation point to the obstruction we've seen all year, when the Senate adjourned last week, the Republicans objected to what is ordinarily a routine request to waive Senate rules and permit pending nominations to remain in the Senate confirmation pipeline. Without what's called "unanimous consent," under Senate rules, pending nominations must be returned to the President, who then has to re-nominate in the next session. In what has become a far too typical exercise by the "Just Say No" party, Republicans objected to three DOJ nominees who have been on the Senate’s calendar awaiting consideration for months: Dawn Johnsen, for the Office of Legal Counsel; Chris Schroeder for the Office of Legal Policy; and Mary Smith, for the Tax Division. They also objected to two pending federal District Court nominees (Edward Chen, for a seat on the Northern District of California and Louis B. Butler for a seat on the Western District of Wisconsin) and to Craig Becker for reappointment as a member of the National Labor Relations Board. 

This is just more of the same unconscionable obstruction by the Republicans that is interfering with the President's ability to assemble the team he needs to serve the American public. And the obstruction is pointless. All the Republicans are doing is slowing down the inevitable -- but as we've seen with any number of issues, anything they can do to gum up the works they treat as a victory. So much for the Republicans' past claims about how elections matter and about the deference owed to the President in filling out his cabinet.

Right now, three of eleven Assistant Attorney General slots in the Justice Department -- more than one quarter of the key leadership slots at DOJ -- are filled by individuals in interim "acting" capacities because the Republicans are playing politics and tying up the nominees. It's nearly one year since Dawn Johnsen's nomination was announced; her nomination has been pending on the Senate calendar for nine months.

We fully expect the President and the Senate to work through this latest round of irresponsible Republican obstruction. The nominees will be sent back to the Senate; the Judiciary Committee will consider them promptly; they'll go back on the Senate Calendar; and, unless cooler and more responsible heads prevail, Senator Reid, unfortunately, will have to file cloture on each and every one of them to put an end to the obstruction. These are exceptionally talented nominees -- and the American people will be well-served when they are finally confirmed. 

PFAW

Gearing Up for Enforcement of Hate Crimes Prevention Act

It was a thrill to be at the White House celebrating the historic enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. And now hot off the presses is this memo from Tom Perez, the Assistant Attorney General in charge of the Civil Rights Division, demonstrating how seriously the Justice Department takes its charge under this law. It';s addressed to U.S. Attorneys around the nation encouraging their active participation in delivering on Attorney General Holder's steadfast commitment to vigorous enforcement of the Act and to "develop[ing] ways that the Justice Department can educate communities about the new law and prevent hate crimes from occurring in the first place."

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Report from the Judiciary Committee

I'm sitting in the Senate Juduciary Committee executive meeting where Senator Leahy confirmed what we had been hearing -- despite the fact that David Ogden's nomination to be Deputy Attorney General was reported out on a vote of 14-5, with three Republicans including the ranking member in support -- the Republican caucus is going to filibuster the nomination on the floor.  All this because Ogden had the temerity while in public practice to stand up for the First Amendment and a woman's right to choose.

Senator Leahy also flagged the absurdity -- which People For noted earlier this week -- that the entire Republican caucus is threatening to filibuster President Obama's judicial nominees even before a single nomination is put forward. Senator Leahy noted that Republicans and their allies may want the President to fail, but that the American people surely do not. For the good of all of us, he said, President Obama needs to succeed. And that certainly means moving the President's nominees through expeditiously.

By the way, the final votes on the nominations of Elena Kagan -- who will be the first woman confirmed as Solicitor General -- and Tom Perrelli -- nominated to be Assistant Attorney General -- were both held up by the Republicans at the last executive meeting. The vote today? 13-3 and either 17-1 or 16-2. (There was some confusion about the last vote - will report back when it's clarified.)
 

UPDATE: So, it looks like the planned filibuster of the Ogden nomination may be losing some steam. Thanks to Senator Leahy for exposing the Republican obstructionism to the light of day. Also, the Committee has clarified the vote on Tom Perrelli's nomination: it was 17-1, with Senator Coburn as the only "no" vote.
 

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