Dawn Johnsen withdrew her nomination yesterday for head of the Office of Legal Counsel, saying in a statement,
Restoring OLC to its best nonpartisan traditions was my primary objective for my anticipated service in this administration. Unfortunately, my nomination has met with lengthy delays and political opposition that threaten that objective and prevent OLC from functioning at full strength. I hope that the withdrawal of my nomination will allow this important office to be filled promptly.
Sam Stein posted the full text of Johnsen’s statement and commented,
The withdrawal represents a major blow to progressive groups and civil liberties advocates who had pushed for Johnsen to end up in the office that previously housed, among others, John Yoo, the author of the infamous torture memos under George W. Bush.
But the votes, apparently, weren’t there. Johnsen had the support of Sen Richard Lugar (R-Ind.) but was regarded skeptically by Sen. Ben Nelson (D-Neb.) — primarily for her positions on torture and the investigation of previous administration actions. A filibuster, in the end, was likely sustainable. Faced with this calculus, the White House chose not to appoint Johnsen during Senate recess, which would have circumvented a likely filibuster but would have kept her in the position for less than two years.
A White House statement said the president is searching for a replacement nominee and will ask the Senate to confirm that person to head the Office of Legal Counsel quickly. I still think the Obama should have included Johnsen in a group of recess appointments he made last month. Jake Tapper quoted an unnamed Senate source as saying the White House “didn’t have the stomach for the debate” on her nomination. It doesn’t reflect well on Obama or on Senate Majority Leader Harry Reid that Johnsen never got a vote in the Senate, even after it was clear there were 60 votes in her favor last year (before the Massachusetts Senate special election).
What Johnsen insists must not be done reads like a manual of what Barack Obama ended up doing and continues to do — from supporting retroactive immunity to terminate FISA litigations to endless assertions of “state secrecy” in order to block courts from adjudicating Bush crimes to suppressing torture photos on the ground that “opennees will empower terrorists” to the overarching Obama dictate that we “simply move on.” Could she have described any more perfectly what Obama would end up doing when she wrote, in March, 2008, what the next President “must not do”? […]
I don’t know why her nomination was left to die, but I do know that her beliefs are quite antithetical to what this administration is doing.