republican obstruction

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 Fallout and debate continue, including in the context of my nomination -- withdrawn this spring -- to head this office.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

Legislative Achievements Will Live or Die in the Courts

President Obama was elected on a promise of change, but in order for any of his legislative accomplishments to remain in place, they will need to survive court challenges.

Health care reform has passed. Major financial regulatory reform could be on the horizon. But these reforms will live or die in the federal courts. We immediately saw litigation from right-wing state attorneys general challenging the constitutionality of the health care bill. Will the fate of that bill and others be decided by George W. Bush-appointed judges? That looks increasingly likely if many of the lower federal court vacancies are not filled in a timely manner. Republican obstruction and threats of filibuster cannot be allowed to deter or delay the confirmation of much-needed judicial nominees.

Barry Friedman has an op-ed in today’s Politico that hammers home this point while providing some relevant examples:

Administrations frequently find their regulatory plans in judicial trouble. The Supreme Court gutted the Carter administration's plans to regulate toxic benzene in the workplace. When the Bush administration's Environmental Protection Agency refused to regulate greenhouse gases, claiming a lack of statutory authority, the justices disagreed. The Reagan administration suffered defeat on air bags, the Clinton administration on tobacco regulation.

Just last week, the D.C. Circuit Court ruled the Federal Communications Commission does not have the authority to require broadband providers to treat all customers equally regardless of the type of lawful content they're sending and receiving -- called "net neutrality."

Read Friedman's full piece here:
http://dyn.politico.com/printstory.cfm?uuid=F8683704-18FE-70B2-A857018EEDBEBF04
 

PFAW

GOP Adopts Sophisticated “Take My Toys and Go Home” Strategy

In case you missed it, the GOP is not pleased about the passage of health care reform, and after careful consideration they’ve decided that the best strategy going forward is to stomp their feet harder and scream louder.

In legislative terms, that means that they’ve chosen to invoke an arcane Senate rule that requires unanimous consent for any committee meetings after 2 p.m. That’s right. GOP Senators are so angry that they won’t work after lunch.

In a statement, Senator Leahy explains what that means for the Judiciary Committee.

I have previously accommodated requests from Judiciary Committee Republicans to delay the Committee’s hearing to consider Professor [Goodwin] Liu’s nomination. I had intended to hold this hearing two weeks ago but, at the request of Republicans, delayed it until today. We had agreed, instead, to proceed to a hearing for Judge Robert Chatigny, a nominee to the Second Circuit Court of Appeals, on March 10. Republicans then reversed themselves and asked for additional delay in connection with that March 10 hearing. I, again, accommodated them. Earlier this week I sought to move this afternoon’s hearing to the morning, into the two-hour window of time after the Senate convened, that would not be subject to this arcane objection. Republicans asked that we keep it scheduled for this afternoon because it worked better for the schedules of the Republican members of the Committee, and they had planned to participate this afternoon. Now, having objected to holding the hearing this morning, they object to it not being held this afternoon. They pulled the plug on our hearing and put up roadblocks to the Committee’s process for working to fill judicial vacancies.

And, like most Republican obstruction tactics, it quickly moves from being “annoying” to being “harmful for our nation.”

Armed Services Chairman Carl Levin (D-Mich.) and Sen. Claire McCaskill both complained that Republicans kept them from holding their hearings on budget requests for the military's Pacific and strategic and police training contracts in Afghanistan.

That, in a nutshell, is the political strategy of the GOP: prevent any effort to assist our armed forces or allow for a functioning judicial branch out of sheer petulance.

You stay classy, guys.
 

PFAW

Landmark Health Care Bill Approved by House

A few minutes ago, the House of Representatives passed landmark health reform, perhaps the most important piece of domestic policy legislation in a generation.

The feat is all the more impressive given the scorched earth tactics the Right Wing has used to try to derail it.  Even yesterday, Democratic Congressmen faced racist and homophobic slurs for supporting the legislation, and this evening Congressman Bart Stupak (no friend to a woman's constitutional right to reproductive choice) was called a "baby killer" by a Republican Representative for supporting the bill.

But in the end, health care reform passed: a major accomplishment for Congress and an important plank of President Obama's platform realized.

The moral: standing up for your agenda pays off.  The GOP made clear that there was virtually nothing they wouldn't do to stop reform, but by powering through Republican obstruction, Democrats were able to score a major win for themselves and for the American people.

Now that this victory is under Congress's belt, we look forward to pushing past other instances of GOP obstruction.

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

Senator Leahy Decries Republican Obstruction on Nominees

Senate Judiciary Chairman Patrick Leahy lashed out today at the unprecedented obstruction of judicial and executive branch nominees by the Republican majority. There are currently 12 judicial and 15 executive branch nominees on the Senate Calendar that the Republicans are stalling. Some, like Dawn Johnsen, as Senator Leahy notes, have been awaiting action for more than nine months. The last judicial nominee, whom Republicans delayed for six weeks, was confirmed unanimously by a vote of 97 to zero. Since that vote on December 1st, not a single judicial nominee has been considered by the full Senate. There are now more judicial nominees pending on the Senate calendar than have been confirmed all year.

The Republican agenda of delay and obstruction is clear. The price to the American people is also clear. With the range of critical issues before this Administration, the President needs his team at the Justice Department in place. And, with the 97 current and 23 announced judicial vacancies reaching record proportions, the threats to the administration of justice are serious. As Senator Leahy said, “Justice should not be delayed or denied to any American because of overburdened courts and the lack of Federal judges.”

You can read Senator Leahy’s full statement here. And click here to read PFAW’s recent report on the obstruction of executive branch nominees.
 

PFAW

Returning Justice to Justice: Stop the Obstruction

Don't miss today's New York Times article on the steps Attorney General Eric Holder is taking to restore the Civil Rights Division's historic focus on high-impact enforcement against policies that have a discriminatory impact on minorities. Also underway are plans to beef up hiring of career attorneys and an administration-wide effort to enforce regulations that bar those who receive public funds from advancing policies that have a disparate impact on minorities.

Now all the Attorney General needs is for an end to the Republican obstruction that has prevented the confirmation of Tom Perez to head the Civil Rights Division, not to mention Dawn Johnsen to head the Office of Legal Counsel and Chris Schroeder to head the Office of Legal Policy. By the time the Senate returns from its August recess, these nominees will have waited nearly 8 months, more than three months, and nearly one and a half months, respectively, for a vote by the full Senate following approval of their nominations by the Senate Judiciary Committee.

It's time to stop the obstruction and to give the Attorney General the assistance he needs in returning justice to the Justice Department.

PFAW

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?

PFAW