Judiciary

David Hamilton to Appear on the Hill. Again.

We just got word from the Senate Judiciary Committee that Republicans are going to get another shot at questioning Judge David Hamilton, President Obama’s first judicial nominee who is being put forward for a seat on the Court of Appeals for the Seventh Circuit.

Senator Leahy is indeed bending over backwards to accommodate Republicans, who, as we’ve reported, threatened to filibuster the President’s judicial nominees before a single name was put forward and who boycotted Hamilton’s first hearing, because they claimed they did not have enough time to prepare, prompting Senator Leahy to ask their questions for them.

As Senator Leahy said in making the announcement of this rare second hearing, “It has been four weeks since Judge Hamilton first appeared before the Committee, and I am disappointed that Committee Republicans have yet to ask a single question of this nominee.” Hopefully, this time the Republicans will show up and ask their own questions. Judge Hamilton is eminently qualified for this position – his nomination should not be further delayed.
 

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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.

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GOP Boycotts Hamilton Hearing

I’m just back from the Senate Judiciary Committee hearing on the nomination of Judge David Hamilton to the Court of Appeals for the Seventh Circuit, which the Republicans on the committee boycotted because they claimed they had not been given sufficient time to prepare for the hearing. In an ironic twist, the hearing was held in a small room off of the Senate floor—the same room that Senator Leahy, the Chair of the Committee, used to continue holding hearings on President Bush’s judicial nominations in the immediate aftermath of September 11th.

As Senator Leahy noted today, the Democrats on the Committee have a better record of pushing through Republican judicial nominees than the Republicans had when they were in charge. Yet today, the Republicans once again were all about trying to delay the process, and we’re now even seeing complaints that the hearing was moved to the Capitol, a move which actually helped accommodate Senators who needed to be on the floor to vote on budget amendments.

In the absence of the Republicans, Senator Leahy ended up asking Judge Hamilton about cases that Senator Specter had identified as potentially problematic – in other words he asked the Republicans questions for them!

David Hamilton is eminently qualified to sit on the Seventh Circuit. We hope the Committee will move his nomination forward when the Senate returns from its upcoming two-week recess.

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Marriage Equality on the March

As if Ben and Jerry’s wasn’t enough reason to love Vermont, it looks like marriage equality legislation is moving forward in the state legislature:

A Vermont Senate committee voted to advance a bill that would legalize same-sex marriage in the state.

The senate Judiciary Committee voted 5-0 on Friday to advance a bill that was the topic of an emotional public hearing on Wednesday that drew hundreds to the Statehouse.

Governor Douglas has said he opposes the bill, but hasn’t said that he’d actually veto it if it got to his desk.

Of course, even if same-sex couples in Vermont can get married, they’re still prevented from receiving the federal protections that marriage affords their heterosexual friends. Just another reason why we should Dump DOMA.

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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.

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Playing Politics with America’s Future

As weeks go, I think this has been a fascinating look at the Republican obstruction machine – and how willing they are to play politics with our future.

First, the Republicans fumed and fumed about the omnibus appropriations bill, as President Obama explained, last year’s undone business that had to be taken care of to move on to the urgent problems facing us. They held it up over the weekend, forced votes on a whole bunch of amendments this week that they knew wouldn’t pass just so they could try to play “gotcha” with the Democrats and then passed the bill on a voice vote. So much for principled opposition! 

Then they fumed and fumed about how horrid David Ogden was – this is President Obama’s and Attorney General Holder’s eminently qualified choice to be the second in line at the Justice Department.  They wrung their hands about “hard left radicals” who have endorsed Ogden, such as the Center for Missing and Exploited Children, the Fraternal Order of Police, and the National District Attorneys Association.  The Republicans slow-walked the nomination through Committee and then threatened a filibuster in the full Senate, but couldn’t muster the votes.  The right-wing Family Research Council said they’d “score” the vote in an effort to hold senators accountable for the dastardly act of voting for Ogden and then today he was voted on by the full Senate and received a resounding 65-28 vote! Clearly the final result was not in doubt.

So what were these histrionics about?  And how long can they justify playing politics with America's future?

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The Right Re-Tools as 'Resistance Movement'

Another week, another clear example of who is pulling the strings in the Republican Party. On Monday, Republicans in the Senate -- all 41 of them -- sent a letter to President Obama all but demanding that he re-nominate three of President Bush's nominees and threatening filibusters if the president does not do what they want with his future judicial nominations.

It was only a few years ago that the GOP wanted to eliminate the judicial filibuster entirely, telling anyone who would listen that every judicial nominee deserved an up-or-down vote without exception. Apparently, the Senate Republicans have the collective memory of a goldfish.

Of course, these senators' attempt to force "bipartisanship" at gunpoint, to coerce the president with threats, is one giant pander to their extreme right-wing base. The Far Right wants to maintain conservative majorities on the most powerful courts in the country. And they want senators to do everything in their power to block judges that don't meet their strict litmus tests on everything from Roe v. Wade and gay rights to free speech and the separation of church and state -- and much more.

This is one more example in a long list of the GOP marching in lockstep to the Radical Right's orders in just the last few weeks:

  • In the spirit of Rush Limbaugh's clarion call to conservatives to hope for President Obama's failure, 100% of the Republican caucus in the House voted against the majority's stimulus package last month.
  • Some Senate Republicans have been following through on the Radical Right's challenges to the president's Department of Justice nominees, this week moving to delay a floor vote on the confirmation of David Ogden.
  • And earlier this week, RNC Chairman Michael Steele was forced apologize to the real leader of his party after making some comments seen as critical of Rush Limbaugh -- proving that Limbaugh and other extremists are calling the shots within the party.

People For the American Way just released a very timely Right Wing Watch In Focus on the status of the Radical Right's strength and influence (available here). Please read it and share it with your friends and fellow activists.

There has been much talk in the media about the Republican Party and even the Conservative Movement being lost in the wilderness. But the leadership vacuum is being filled with the most fringe elements of that side of the political spectrum. The Far Right is stronger than ever ... and the weakness of one of the major parties has provided a huge opportunity for them to assert that strength.

AND we've released our own take on Limbaugh's recent comments which is a must watch. Please take a moment to watch the video and then send a message to Rush telling him to GROW UP. Then tell your friends to check it out at www.BabyRush.org.

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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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Rove, Miers to Testify

In my office, CNN is blasting the news that Karl Rove and Harriet Miers have agreed to testify before Congress, under oath, about the Bush Administration's firing of US Attorneys.

Both will give depositions to investigators from the committee, and claims of privilege will be "significantly limited," according to a statement from the committee. Rove and Miers had been resisting congressional subpoenas about the matter, but a federal judge in Washington ruled that the former Bush administration officials had no grounds to invoke executive privilege in the case.

This is, in short, very good news.

People For has been pushing for some time to make Bush Administration officials testify about the politicization of the Department of Justice.  (Click here to see pictures of yours truly delivering your "Hold Rove in Contempt" petitions to Rep. Linda Sanchez.)

Getting Rove and Miers to testify is a big step towards exposing the actions of the Bush Administration, but there's plenty more to do.  Be sure to join our Campaign to Restore Justice and be sure to sign the three point petition.

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Republican Senators Make Threats on Judges, Try to Force "Bipartisanship" at Gunpoint

From Poltico:

President Barack Obama should fill vacant spots on the federal bench with former President Bush's judicial nominees to help avoid another huge fight over the judiciary, all 41 Senate Republicans said Monday.

...

"Regretfully, if we are not consulted on, and approve of, a nominee from our states, the Republican Conference will be unable to support moving forward on that nominee," the letter warns. "And we will act to preserve this principle and the rights of our colleagues if it is not."

In other words, Republicans are threatening a filibuster of judges if they're not happy.

The letter talks about "bipartisanship" and, separate from the letter, several Republicans have been warning the president for some time against nominating "far left judges." But for all this talk about "bipartisanship" and throwing terms around like "far-left judges," what do they really mean?

Does bipartisanship mean nominating half right-wing judges who would overturn Roe v. Wade and don't believe in the Constitution's promise of equal rights under the law; half who agree that the Constitution makes certain guarantees in terms of people's rights and liberties and that it gives the government the authority and the responsibility to protect those rights, not undermine them?

Or does it mean that all of the president's judicial nominees must be "moderates," and if so, what is their definition of "moderate?" Is a moderate someone who is respectful of fundamental constitutional rights and principles like privacy, equality, the right to choose and checks and balances… as long as they are pro-corporate? We already have a Supreme Court that is overwhelmingly pro-business, much more so than many precious Courts, including the four supposedly "liberal" Justices.

Of course that's probably not the case (not that the president should feel compelled to nominate judges with a corporate-friendly bent anyway, especially now that we are in the middle of the havoc wreaked by corporate greed and excess, but I digress).

When it comes to this issue, what they really care about is pleasing their base. And when it comes to their base, the ONLY judges who are acceptable are extreme right-wing ideologues. So any actual "moderate," mainstream judges of course will be rejected -- and they will be cast as "far-left."

The Right sees the Judicial Branch in very black and white terms. They have accused the Democrats of having a litmus test on judges when it comes to Roe v. Wade. But that was obviously proven wrong by the fact that both Chief Justice Roberts and Justice Alito were confirmed even though they both, according to many experts, would vote to overturn Roe. No, it's the Right that has strict litmus tests on everything from Roe v. Wade and gay rights to free speech, the separation of church and state and, yes, how "business-friendly" a judge may be. Their base demands it! And Republican Senators -- even the so-called moderates like Snowe, Collins and Specter -- are unified on this one.

The judicial philosophies of the jurists respected by the Right are defined by extremism -- plain and simple. It's one thing for a judge to find legal exception with the way a certain case was decided (even if that decision protects a fundamental right, like Roe v. Wade), but quite another to subscribe to theories and views that fly in the face of mainstream judicial thought like:

  • "Constitution in Exile," which takes an extreme and limited view of the Commerce Clause and basically states that the regulatory policies of the New Deal were unconstitutional... and a huge number of policies and Supreme Court decisions going back nearly a hundred years, including civil rights protections, are unconstitutional as well. (Opinions expressed by Clarence Thomas and Antonin Scalia support "restoring the lost constitution.")
     
  • "Unitary Executive Theory," which has been used to justify insanely expansive views of executive power that defy the most commonsense understanding of our founding principles relating to checks and balances and a limited executive (remember, our founders were breaking from a monarchy - they obviously didn't want to create another one). The Bush administration exploited this theory over and over again its now infamous abuses of executive power.; and
     
  • a blatant disregard for the bedrock judicial principle of stare decisis (which Justice Clarence Thomas is said, even by Justice Scalia, to show).  

This is par for the course for right-wing judges. While those of us on the progressive side are not devoid of ideology, and are proud to have our own ideology when it comes to the Constitution and the law, the Right is by far more ideological and Republicans need to be called out for doing the Far Right's bidding once again.
 
President Obama and the Senate Democrats should challenge these Republican Senators to define their terms more specifically -- to tell them and the country EXACTLY what they mean by "bipartisanship" in this case and what they would consider acceptable or "moderate" nominees.  And the president should reject the GOP's attempt to force bipartisanship at gunpoint, by making threats and trying to use coercion to get him to appease their base on judges.

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On Fair Courts and Big Coal

Today in the Supreme Court, a case was argued that makes a pretty compelling case for a fair and independent judiciary. Robert Barnes at the Washington Post did a good overview yesterday.

Caperton and his little coal company sued a huge coal company on claims that it unlawfully drove him out of business, and a jury agreed, awarding him $50 million.

That company's chief executive vowed an appeal to the West Virginia Supreme Court -- but first, he spent an unprecedented $3 million to persuade voters to get rid of a justice he didn't like and elect one he did.

Today during arguments the Court was (no surprise) divided. But the real principle may be bigger than simply campaign donations.

The Constitution sets up the judiciary as the branch of government dedicated to ensuring that the rule of law applies equally to all people. When it's broken – or perceived to be broken, -- there's scant reason for citizens to put their full faith in the government. And yet over the last years, President Bush has systematically flooded the courts with jurists who put political ideology over our most basic constitutional principles.

No longer fearing the worst when it comes to judicial appointments is, well, a big sigh of relief, but this case makes very clear how crucial it is that we repair the damage eight years of George Bush has done.

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Justice Stevens moderates panel on Marbury v. Madison

Today, at an event sponsored by the First Amendment Center and the Supreme Court Fellows Program Alumni Association, Justice John Paul Stevens, the Senior Associate on the Supreme Court, moderated a discussion with the authors of a new book, The Great Decision: Jefferson, Adams, Marshall and the Battle for the Supreme Court, Clifford Sloan and David McKean. The Justice gave only a brief introduction before the authors spoke about the book and answered questions. Justice Stevens first spoke about his initial exposure to Marbury v. Madison in law school. He jokingly reminisced about the length of time spent on the case, stating that his teacher spent the first six weeks of a constitutional law class devoted solely to the intricacies of the case. He voiced his admiration for the case, calling it fascinating, and agreeing with the assertions by the panelists that the case is “the cornerstone of the Constitutional system.

He then moved on to an issue that, while he admitted was not directly on topic, was very important, the separation of powers. Marbury solidified the independence of the judiciary as a separate branch of government with its own powers. Stevens strongly believes in this and voiced concern that the wall between the executive and the judiciary is weakening. He recalled that when he was sworn in as a justice, his ceremony was performed in the Supreme Court which he viewed to be strongly symbolic of the separation between the political appointment process and his judicial post. Since that time, however, the practice changed and is now performed in the White House. He has boycotted the past four swearing in ceremonies, as he believes that the judiciary should be strongly separated from the political branches, beginning with the swearing in. Stressing the symbolism of the place and manner of the oath, he voiced hope for a change in this process with the next appointee.

Again focusing on the importance of separating the judicial branch from the political process, Stevens questioned the authors about the impeachment of Justice Chase from the Supreme Court shortly after Marbury was decided. Essentially, the opposition party in the House of Representatives sought to impeach Chase because they did not agree with his decisions politically, and used the impeachment as a retaliation against the Court. Chase was eventually acquitted, establishing the doctrine that judges may not be removed due to a dispute over their political preferences or political disagreement with their decisions.

Those looking to for a discussion focused on Stevens's thoughts on the issue might have been disappointed.  Through out the event Stevens was largely content to listen to the panelists. When he spoke he showed his vast knowledge on the subject area, but remained in the role of moderator and gave much of the spot light to the panelists.

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The GOP as the Party of No

I just came back from an executive meeting of the Senate Judiciary Committee where once again the Republicans are demonstrating a reflexive and not very wise strategy of just saying NO. Senator Leahy, chair of the Committee was trying to move the nominations of two key Justice Department nominees, Elena Kagan, who will be the first woman to be confirmed as the Solicitor General of the United States, and Tom Perrelli, who will be the third-most senior official at the Justice Department, but Republicans on the committee refused to permit a vote. 

It’s not that they’re not entitled to do this – they have the procedural right under the Committee’s rules to hold the votes over until the next meeting of the Committee. My concern is that the Republicans didn’t appear to have any good reasons for delaying the votes other than “because we can.” That shouldn’t be acceptable, particularly where, as here, the delay denies Attorney General Holder and President Obama the senior leadership team they need to address the enormous task of restoring public confidence in the Department’s commitment to the rule of law.

Senator Leahy has bent over backwards to accommodate the Committee Republicans, in much the same way that President Obama has tried to reach across the aisle on a range of issues. But the response is obstructionism and delay. Saying NO just because you can is not sound policy and is not good for the American people.

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The Obstruction Strategy

On Wednesday night, I was thrilled to represent People For the American Way members and activists at a small White House reception. When meeting the President and First Lady, as well as Vice President Biden and his wife Jill, it really sunk in that, finally, progressives are no longer locked out as we were during the Bush administration. People For's seat at the table is the Obama administration's recognition of you and all your efforts, your passion and your activism, and our collective strength.

We will still need to organize and fight to achieve our goals, but so much more is possible now and it's good to know that we have a receptive audience. Our vigilance is needed to help make sure the administration does the right thing, but it's also needed because with this shift that I've just described, the Far Right has amplified its efforts to divide Americans and obstruct a progressive agenda.

Yesterday, People For the American Way released a Right Wing Watch In Focus report exposing the Radical Right's real intentions in their efforts to obstruct confirmation of President Obama's Department of Justice nominees:

"The rhetoric used in the attacks, documented extensively on RightWingWatch.org, suggests that the campaign may be less about actually stopping any of these nominees and more about getting right-wing activists, pundits, and lawmakers warmed up for similar attacks on eventual Obama nominees to the federal judiciary, and in particular to the U.S. Supreme Court."

This is more than just "playing politics." The DOJ is a vital branch of the government and these positions are critical to fill. Americans need to be able to put the past eight years of politicization and cronyism at the Department behind us and once again rely on the DOJ as a protector of our rights and values.

As I write this, the Justice Department is at the center of some serious legal matters pertaining to fundamental checks and balances. The Bush administration pushed most people's understanding of executive power to the limit and went significantly beyond. Some members of Congress did not take it lying down, asserting their constitutional authority and acting on their duty to check the president's power and cut through the extreme secrecy. But the process will be a long and intense one and we need a full team in place at Justice to help do the job.

The Senate must not delay in confirming all of the president's nominees, and first up, due to be voted on in committee next week, is Deputy Attorney General nominee David Ogden.

Ogden is incredibly well qualified, but the Right has attacked him because of his representation of American Library Association, the American Booksellers Association, and, yes, Playboy and Penthouse in First Amendment cases. They also went after him for arguing vigorously on behalf of a woman's right to choose and advocating that the U.S. follow the U.N. Convention on the Rights of the Child -- something that only the most fringe elements on the Right oppose.

But most of all, the Far Right is flexing its muscle in advance of judicial confirmation battles to come.

The Family Research Council has generated thousands of calls to the Senate in opposition to Ogden as a show of strength. It is absolutely necessary that senators not only hear from their side. Every senator needs to see that progressive activists are willing to stand up for constitutional values and weigh in on these fights. And they need to see it well in advance of Obama's first judicial nominations.

Please take a moment now to send an e-mail to your senators urging the swift confirmation of David Ogden as Deputy Attorney General.

Whether you live in a red state or a blue state, your senators need to hear from you. Even the most right-wing senators need to know that people in their states are spreading a counter message and are ready to hold them accountable.

Help Ogden achieve speedy confirmation for the sake of the DOJ AND to show senators that it's not only the Right that's strong.

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Solicitor General Nominee Elena Kagan Sails Through Senate Judiciary Committee Hearing

 

Pres. Obama’s Solicitor General nominee and Harvard Law School Dean Elena Kagan went before the Senate Judiciary Committee today and anyone looking for fireworks was certainly disappointed – committee Republicans held their fire.  That’s probably due in part to the fact that Kagan has received the support of each of the last eight men to hold the post, and even won the respect of the Federalist Society during her years at Harvard.  She looks to be heading toward a speedy confirmation – to the dismay of some conservative groups and activists who have pressured committee Republicans to scrutinize Kagan’s nomination. 
 
Stay tuned.

 

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Mark Gitenstein for Office of Legal Policy

I’ve seen some concerns expressed about the possible nomination of Mark Gitenstein to head the Justice Department’s Office of Legal Policy, including questions about whether he’s sufficiently committed to protecting the rule of law to serve in the position at Justice involved in selecting and vetting potential federal judicial nominees. I want to weigh in on this conversation because I know Mark well.

I worked very closely with him when he was serving as Senator Biden’s Chief Counsel on the Senate Judiciary Committee and I was counsel to Senator Howard Metzenbaum. If you’re looking for someone committed to the rule of law, no need to look further. Mark can claim a lifetime of service to advancing the cause of civil rights and civil liberties in this country. As chief counsel to Senator Biden, Mark fought against the confirmation of federal judicial nominees who were not committed to protecting the civil rights and individual liberties of all Americans. He worked tirelessly in his position with Senator Biden to help protect the Civil Rights Commission and to extend the Voting Rights Act.

As counsel on the Senate Intelligence Committee he played a leadership role in the oversight investigation of the FBI abuses in the illegal surveillance and intimidation of Dr. Martin Luther King, Jr. and other civil rights and anti-war activists. He played a key role in the development of FISA, which grew out of that investigation.

As an advisor to Senator and presidential candidate Biden, Mark helped focus on the plight of the shrinking middle class advancing measures such as reforming health care to permit middle class and disadvantaged families to buy into the same health care insurance program available to members of Congress and expanding the availability of health insurance for children and expanding employer based retirement programs.

Mark has the smarts, integrity and values that we need in someone heading this critical office.

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Executive privilege for Rove?

This was an exciting week. Our efforts to prevent the Right from building Senate opposition against Attorney General-nominee Eric Holder paid off and his nomination was approved by a 17-2 vote in the Senate Judiciary Committee. And yesterday President Obama signed into law the Lilly Ledbetter Fair Pay Act. I was at the bill signing ceremony and it was amazing to see the leaders of our government, up to the President of the United States, so invested in enacting a law to protect civil rights.

We are not "the opposition" anymore, but we still have a vital role in passing progressive policy and making the change we need as a country happen. Many progressives have differing opinions on how best to move forward. The Bush administration was a common enemy. Its every move was predictable, motivated by its allegiance to a set of radical ideologies and ideologues. Now we are faced with the challenge of cleaning up the past administration's messes and moving our country forward. A legitimate question to ask is, how much of that effort should include holding Bush administration officials accountable for their trespasses against the Constitution and our nation's values?

Rep. John Conyers, Chair of the House Judiciary Committee, has subpoenaed Karl Rove to testify before the Committee on Monday about his role in the firing of nine U.S. attorneys and some other matters like the prosecution of former Alabama Gov. Don Siegelman. Rove along with other Bush administration officials had hidden behind "executive privilege," evading testimony by essentially ignoring congressional subpoenas. And now, even with the Bush administration out of office, it looks like he's at it again!

Through his lawyers, four days before his term was up, former President Bush informed Rove that he was continuing to assert executive privilege over any testimony by Rove -- even after he leaves office -- and instructed him not to cooperate with congressional inquiries.

People For the American Way was a leader in the fight for Bush administration accountability, helping to get Congress to pass contempt citations against other Bush officials who hid behind executive privilege. Even though a new administration has taken over, if the law was broken, if the Constitution was violated, those who are guilty should be held accountable in order to preserve the rule of law and send the message to future generations and presidents that violating the law and people's rights will not go unanswered.

Getting to the bottom of the U.S. Attorney scandal and the politicization of the DOJ's Civil Rights Division is essential to cleaning up the Justice Department and putting it back to work for the American people. And I know we would all rather see Rove squirming in a congressional hot seat than as a talking head on cable news networks.

People For the American Way will not take this affront to justice sitting down. Expect us to be out front with a strong response if Rove chooses to be a no show on Monday. We'll also let you know what you can do to weigh in and make sure Rove and others in the Bush administration are held accountable and justice is served.

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Energized and ready to pave the way

In President Obama's first few days in office, he has already undone some serious damage from the previous administration with the stroke of a pen. He signed orders to close Guantanamo and the CIA's network of secret foreign prisons. And he repealed the global gag rule prohibiting U.S. dollars and contraceptive supplies from going to any international family planning program that provides abortions or counsels women about their reproductive health options. He's nominated stellar candidates to run the government, many of whom have been confirmed and started their work.

Great start!

President Obama's inauguration this week was enthusiastically celebrated by Americans of all political stripes. Even many former Bush supporters have embraced President Obama and agree that the country needs to move beyond partisanship and division. President Obama's high approval ratings are a clear indication that Americans are willing and ready to do what's needed to heal our economy, restore our good standing in the world and meet the enormous challenges we face.

Unfortunately, it seems that not quite everyone is ready to move forward with us. On Wednesday, led by Sens. Arlen Specter and John Cornyn, Republicans on the Senate Judiciary Committee delayed a committee vote on Attorney General-nominee Eric Holder. Blocking confirmation of this historic nominee is exactly what Americans don't need or want. Whatever political assurances they may be seeking from Holder before he takes the reins at the DOJ, as attorney general, Holder's only commitments should be to the Constitution, the law and the American people (commitments he has already demonstrated that he will honor).

Some of these same Senate Republicans even tried to play partisan games with the Lilly Ledbetter Fair Pay Act, using their ability to offer amendments to slow the legislation. But I am happy to report that last night the Senate passed it! Thank you to all of you who took action over the last few years in support of the bill -- this is a tremendous victory. Next up: the Paycheck Fairness Act! Stay tuned for more on that as we keep up the pressure to get that through the Senate.

Eric Holder's confirmation. The Lilly Ledbetter Fair Pay Act. These are things worth fighting for. We can't count on any party or branch of government to always to do the right thing, but when they do, we need to be there to block for them -- to make sure we're countering the opposition who would deter progress and the restoration of constitutional values to our government.

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Right On, Leahy

Trying to "send a message" and indicating he may try to obstruct Obama's efforts to restore constitutional values in Washington, Sen. Arlen Specter (the ranking Republican on the Judiciary Committee) is now pushing to delay confirmation hearings for Attorney General-nominee Eric Holder. Read Judiciary Committee Chair Patrick Leahy’s letter in response -- it's actually pretty entertaining (as another People For staffer said, meow).

Leahy: No Double Standard For Eric Holder (click)

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Obama Chooses Barnes for Key White House Position

President-elect Barack Obama has chosen Melody Barnes to be Director of the Domestic Policy Council:

Melody Barnes is co-director of the Agency Review Working Group for the Obama-Biden Transition Team, and served as the Senior Domestic Policy Advisor to Obama for America. Barnes previously served as Executive Vice President for Policy at the Center for American Progress and as chief counsel to Senator Edward M. Kennedy on the Senate Judiciary Committee from December 1995 until March 2003.
Healthcare reform, as part of an economic recovery plan that takes care of the middle class, will be a priority for Barnes.  We appreciate the work she’s done in the past, and we’re sure she’ll do great work in the new administration.
PFAW