Washington, D.C.
The impact of Obama’s latest excellent DOJ appointments
Two of the most vehement critics of Bush's executive power abuses are named to high-level positions, joining "outrage"-advocate and new OLC chief Dawn Johnsen.
(updated below – Update II)
There is some genuinely good news today from the Obama camp: following up on the appointment of the excellent Dawn Johnsen to be OLC Chief, it was announced yesterday that Johnsen’s second-in-command at OLC will be Harvard Law Professor and vehement Bush critic David Barron, who, among other things, co-wrote this superb Law Review article arguing that the President’s “war powers” have been wildly overstated over the last many decades while Congressional power in this area has been vastly understated. Also joining the Justice Department in a still-unknown capacity is one of the smartest, most principled, and most unyielding opponents of the legal radicalism that prevailed over the last eight years: blogger and Georgetown Law Professor Marty Lederman (who co-wrote that law review article with Barron on the Constitutional limits on the “commander-in-chief” powers). It is virtually impossible to imagine that particular group of individuals placing political allegiance to Barack Obama over the principles they have so forcefully advocated over the last several years.
The importance of these appointments shouldn’t be understated. There are many limitations that ought to constrain what a President does: political limits, checks from other branches, the principles (or lack thereof) of the Executive himself, and legal restrictions. Virtually all of those checks were non-existent over the last eight years. It is the DOJ generally, and the OLC specifically, that has a real ability to impose legal constraints on what a President can do, to decree that what a President wants to do is contrary to a valid statute or the Constitution. Much of the Bush illegality was accomplished by having DOJ lawyers do the opposite: by decreeing that anything the President wished to do was legal. It is unlikely in the extreme that this group of new appointees would do that.
Instead, these individuals are highly likely to impose real limits when the law or the Constitution dictates — and Obama, who obviously knows that, chose them despite (or, more likely, because of) that fact, and thus deserves real credit for purposely placing people like this in positions that can create real impediments for what he might want to do.
These appointments aren’t a panacea. Nobody knows what someone will do when they actually wield power (as opposed to what they say when they are out of power). Our political system is suffuse with examples of people who advocate principles when out of power and then who suddenly discard them once in power for partisan, careerist or other ends. And, as we’ve seen the last eight years, it isn’t hard for a President in our political culture to brush away even clear and obvious legal barriers. But even taking all that into account, for anyone familiar with the work of Johnsen, Barron and Lederman, it’s hard not to view these appointments as quite positive and meaningful steps.
UPDATE: Lederman’s co-blogger, Yale Law School Professor Jack Balkin, reports that Lederman will also be in the OLC, working under Johnsen and Barron, as Deputy Assistant Attorney General in the Office of Legal Counsel — John Yoo’s former position.
On a less positive note, it was also announced that Georgetown Law Professor Neal Katyal, who served as lead counsel for the Guantanamo detainee-plaintiffs in the Hamdan case, has been named Deputy Solicitor General. While Katyal’s work on Hamdan was both good and important, he more recently has formed an alliance with former Bush official Jack Goldsmith and Brookings Institution’s Ben Wittes to become one of the leading advocates for the creation of “national security courts” — special courts with “looser” rules of evidence (i.e., allowing evidence obtained through “coercion”) in which accused terrorist suspects will be tried. This is probably the most important short-term question regarding Obama’s commitment to restoring Constitutional values — will a special new legal procedure be created to try accused terrorists? — and Katyal’s appointment bears close watching in that regard.
UPDATE II: This was the passage from Obama’s Inaugural Address that, tellingly, appeared to provoke the most enthusiastic crowd response:
As for our common defense, we reject as false the choice between our safety and our ideals.
Our founding fathers faced with perils that we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man, a charter expanded by the blood of generations.
Those ideals still light the world, and we will not give them up for expedience’s sake.
And so, to all other peoples and governments who are watching today, from the grandest capitals to the small village where my father was born: know that America is a friend of each nation and every man, woman and child who seeks a future of peace and dignity, and we are ready to lead once more.
Recall that earlier generations faced down fascism and communism not just with missiles and tanks, but with the sturdy alliances and enduring convictions.
They understood that our power alone cannot protect us, nor does it entitle us to do as we please. Instead, they knew that our power grows through its prudent use. Our security emanates from the justness of our cause; the force of our example; the tempering qualities of humility and restraint.
We are the keepers of this legacy, guided by these principles once more, we can meet those new threats that demand even greater effort, even greater cooperation and understanding between nations
Those are nice words. The challenge is to turn them into something more than that, and the only question in this regard that really matters is whether he will.
Follow Glenn Greenwald on Twitter: @ggreenwald. More Glenn Greenwald.
D.C. firm inks lucrative public-relations contract with Bahrain
As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job
A Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali)(Credit: AP) Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.
So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Poll: Public sides with Obama on deficit
The potentially catastrophic effects of a default are finally sinking in with Americans
In this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak)(Credit: AP) Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.
62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Lobbyists are overtaking Congress
Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled
(Updated below)
A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Shariah law instituted steps from the White House!
Predicting an overblown right-wing outrage
Do I spot crescents in this CityCenterDC promotional brochure? There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
What line between civilian and military authority?
An increasingly powerful Pentagon is taking over the culture of Washington
U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010. I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.
In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).
Continue Reading CloseWilliam J. Astore is a retired lieutenant colonel. He has taught cadets at the U.S. Air Force Academy, officers at the Naval Postgraduate School, and currently teaches at the Pennsylvania College of Technology. He is the author of "Hindenburg: Icon of German Militarism," among other books. He may be reached at wastore@pct.edu. More William Astore.
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