Still the best candidate

We Say IU’s Johnsen deserves confirmation now more than ever.

The Indiana Daily Student reported Feb. 25 that President Barack Obama’s Office of Legal Council nominee, IU law professor Dawn Johnsen, was to be confirmed by Congress that very day. Two and a half months later, she’s still waiting.

The Washington Post reported April 1 that Senate Republicans were responsible for delaying the vote on Johnsen’s confirmation.

Since her nomination, controversy has raged through conservative circles. Most of the criticism seems to have been sparked by Johnsen’s disparagement of the Bush administration’s torture policies. However, her views that torture is always unacceptable and that water boarding is unquestionably a form of torture are supported by international convention as well as by a sizeable segment of the American population.

Much has also been made of Johnsen’s support for abortion rights. Early in her career she worked as a Staff Counsel Fellow for the American Civil Liberties Union Reproductive Freedom Project.

 It’s worth noting, however, that Johnsen’s pro-choice stances support current law. Predecessors in the Office of Legal Council, on the other hand, advised then-President George W. Bush on ways to circumvent the U.N. Convention Against Torture, which the United States had signed and agreed to abide by.

In the end, Johnsen has turned out to be significantly more moderate than she is often depicted. For example, she has affirmed that the laws of armed conflict permit the United States to hold enemies until hostilities end.

And while she supports releasing classified OLC memos, she has noted that there may be “compelling national security reasons” that would dissuade her from doing so.
In spite of her impeccable qualifications, Republicans on Capitol Hill may attempt to filibuster her nomination.

It’s nothing short of ironic that Republicans are now considering
using a filibuster to keep Johnsen out of the OLC. Just a few years ago, Bush called on Democrats to give judicial appointees a vote and to put an end to the use of filibusters against his judicial appointees.

After the initial news of her nomination, the Editorial Board wrote that “Obama’s choice of Johnsen sends a clear, refreshing message that a restoration of justice is on the way.”

Almost three months later, we still believe Johnsen is the right person for the job. With the phenomenal financial and international challenges Obama is facing, we’re convinced that, more than ever, he needs an adviser like Johnsen in the OLC.