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.