OLC

  • February 2, 2012

    by Jeremy Leaming

    Fuming over the recess appointments President Obama made in January, Iowa Sen. Charles Grassley leveled threats against the Assistant Attorney General Virginia Seitz who authored a legal memorandum backing those appointments. Not only attacking her legal analysis, Grassley said Seitz (pictured) should never be confirmed again for any position.  

    In a piece for The Huffington Post, ACS President Caroline Fredrickson takes Grassley to task for his misguided attacks on Seitz, who he voted to confirm to lead of the Office of Legal Counsel, which is charged with providing legal advice to the president and all executive agencies.

    Fredrickson writes:

    Seitz’s memorandum is straightforward and relies on precedent and historical practice of past attorneys general. If it’s unconvincing to Grassley that’s only because it helped the president stand up to the ongoing obstruction orchestrated by Grassley’s party.

    Since coming into office, President Obama has faced an intensifying front of opposition to his judicial, and many of his executive branch selections. For example, the obstructionism has greatly hobbled our federal courts, where there are more than 80 vacancies and caseloads of courts throughout the nation continue to swell, leaving far too many Americans without access to an efficient judicial system.

    After more than a year of going without a chief, the president moved on naming Richard Cordray to lead the Consumer Financial Protection Bureau. Faced with three vacancies on the five-member board of the National Labor Relations Board, and ongoing of obstruction of nominees to those seats, the president used recess appointments to keep the agency functioning.

  • June 17, 2010

    Dawn Johnsen, President Obama's initial nominee to head the Office of Legal Counsel (OLC) provided a ringing call for young lawyers and other advocates of progressive values to stay to true to their principles and not fear speaking out on behalf of them for fear of losing potential political rewards.

  • June 11, 2010
    The Office of Legal Counsel (OLC), which is charged with providing the administration legal analysis on potential executive branch actions and policies has gone too long without a leader, writes Dawn Johnsen, an Indiana University law school professor, whose nomination to head the OLC was defeated by Republican opposition, in an op-ed for The Washington Post.

    Johnsen maintains that her criticism of the OLC's legal analysis regarding torture during the Bush years played a part in her nomination's demise. But, she writes, that 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."

    Johnsen, acting assistant attorney general in the OLC during the Clinton administration, and a former ACS Board member, continues:

    After the torture memo came to light, I led 19 former OLC lawyers in developing 10 "Principles to Guide the Office of Legal Counsel." We called for a return to long-standing, nonpartisan practice. The results were not flashy proposals for change but the carefully considered consensus of experience. The first principle, from which the others follow: "When providing legal advice to guide contemplated executive branch action, OLC should provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration's pursuit of desired policies."

    Put plainly, the OLC must be willing to say no to the president under any circumstances. The office does the president no favors by allowing its legal analysis to be twisted by policy or partisan preferences, even in the midst of crisis, as the months after Sept. 11 undoubtedly were.

    Her entire op-ed is available here.

    Johnsen will provide remarks on the first day, June 17, of the 2010 ACS National Convention, "The Constitution, Congress, and the Courts," before a Gala Dinner at which Senator Al Franken will be the featured speaker. Today is the last day for early registration for the Convention. Click here to register and obtain a full schedule.

  • April 9, 2010

    President Obama's nominee to lead the Office of Legal Counsel (OLC), selected well over a year ago, has withdrawn her nomination, The Associated Press reported Friday. Dawn Johnsen, an Indiana University law school professor, who has extensive service in the OLC, serving as its acting head during the Clinton administration, faced vociferous opposition from Senate Republicans and conservative pundits. Johnsen, a former member of the ACS Board of Directors, was targeted for her past work on behalf of reproductive rights groups and her criticism of the Bush administration's OLC, especially its memorandums advocating for torture of military detainees.

    White House spokesman Ben LaBolt blamed Senate Republicans for the failed nomination.
    "Her credentials are exemplary and her commitment to the rule of law has been proven time and again, but it is now clear that Senate Republicans will not allow her to be confirmed," LaBolt said. He added that "it is time for the Senate to move beyond politics and allow the Office of Legal Counsel to serve the role it was intended to - to provide impartial legal advice and constitutional analysis to the executive branch."

    Johnsen's nomination received the backing of former Department of Justice leaders, of both political persuasions, scores of law school professors and newspaper editorial pages nationwide. Attorney General Eric Holder on numerous occasions strongly urged the Senate to stop holding up Johnsen's confirmation.

    In March, 400 law professors sent a letter to the Senate Judiciary Committee urging it move her nomination.

    The letter, in part, maintained:

    Professor Johnsen is immensely qualified for this position. She has extensive previous experience in the Office of Legal Counsel, including service as its acting head for more than a year during the Clinton Administration. Doug Kmiec - the OLC head under Presidents Ronald Reagan and George H.W. Bush - has applauded Professor Johnsen's track record during that service, noting that she "repeatedly separated policy preference from rendered opinion."

    In February, The New York Times editorial paged blasted Republican obstructionism, calling Johnsen, "a highly qualified choice" whose nomination has drawn "baseless objection."

  • February 16, 2010
    Senate Republicans should cease holding up President Obama's "well qualified" nominee to head the Office of Legal Counsel (OLC), top Senate Judiciary Committee members maintain in a column for The National Law Journal.

    Sens. Patrick Leahy, chairman of the Senate Judiciary Committee, and Sheldon Whitehouse, chairman of the Judiciary Subcommittee on Administrative Oversight and the Courts, write that months "of obstruction by Senate Republicans" have stymied a vote on Dawn Johnsen's nomination to lead the OLC, noting that Obama nominated her a year ago.

    Leahy and Sheldon write:

    Johnsen has previously served for five years in OLC. She defended legitimate presidential powers. She produced opinions that conformed to the law, even if they did not advance the president's political interests. She has a proven record of setting aside her personal views to render independent legal opinions rooted in the Constitution and the law. Johnsen's former colleagues have called her the conscience of the office. Walter Dellinger, her former boss at OLC, has said that she ‘will be the best head of the OLC in the history of the office.'

    Main Justice notes that after Obama re-nominated Johnsen, an Indiana University law school professor and a former member of the ACS Board of Directors, in January, the Senate committee has continued to delay a vote on the nomination. "The panel is expected to consider her nomination next week," according to Main Justice