New York Times Editorial: A Legal Adviser Worthy of the Job

New York Times Editorial: A Legal Adviser Worthy of the Job
Copyright by The New York Times
Published: March 26, 2009
http://www.nytimes.com/2009/03/26/opinion/26thu3.html?_r=1&ref=opinion


In the Bush administration, the Office of Legal Counsel gave a green light to many objectionable policies, from a lawless expansion of executive power to the use of torture. President Obama has nominated Dawn Johnsen to lead the office, but her nomination is being attacked by Republican senators who still prefer the Bush approach. Ms. Johnsen is superbly qualified and has fought for just the sort of change the office needs. The Senate should confirm her without further delay.

The Office of Legal Counsel is little known to the public, but it plays an important role in guiding national policy. As the legal adviser to the executive branch, it informs the White House and the agencies about what the law requires — and what it prohibits. The office was thrust into the limelight a few years ago when word leaked out of an O.L.C. torture memo that cleared the way for horrific forms of interrogation.

Ms. Johnsen, a law professor at Indiana University, spent five years in the office under President Bill Clinton, including a stint as its acting chief. In response to the abuses of the Bush years, she joined in a much-needed statement of principles, signed by 19 former lawyers from the office. It called for the office to be more transparent and to show greater respect for Congress and the courts.

Republican senators’ harsh criticism of the nomination is groundless. They have questioned Ms. Johnsen’s commitment to fighting terrorism, but their main complaint seems to be her opposition to torture and to extreme views on presidential power. Her critics are outraged that early in her career, Ms. Johnsen worked for an abortion-rights advocacy group, but her views on abortion are hardly unusual.

Senator John Cornyn, a Republican of Texas, has made the bizarre accusation that despite her impressive legal record, Ms. Johnsen has not demonstrated the “requisite seriousness” for the job. It is an odd charge coming from someone who was a staunch defender of former Attorney General Alberto Gonzales, to whom that description actually applied.

Ms. Johnsen made it through the Judiciary Committee on a party-line vote, and there is talk that Republicans may try to filibuster her nomination. That would be an outrage. There is no corner of the executive branch in greater need of a new direction than the Office of Legal Counsel. The impressive Ms. Johnsen is an excellent choice to provide it.