Posted by Jonathan Adler:
Kmiec on Dawn Johnsen:
http://volokh.com/archives/archive_2009_04_12-2009_04_18.shtml#1239717805
Former OLC head Douglas Kmiec argues in the Legal Times that Senate
Republicans should not obstruct the confirmation of Dawn Johnsen to be
head of the Office of Legal Counsel at the Justice Department. I
agree. He writes:
Even as Johnsen, a professor of law at Indiana
University-Bloomington, may be faulted on occasion for harsh
language in her academic commentary on the missteps of the Bush
Justice Department, it is that very spunk and independence of mind
that make her the right tonic for a once proud, but recently
tarnished, office.
Under proper supervision, the OLC is a vital internal check upon
executive overreaching, a faithful defender of constitutional
principle, and a reliable interpreter of congressional intent. Many
notable legal figures have served as head of the office, including
Nicholas Katzenbach, Malcolm Wilkey, Theodore Olson, Walter
Dellinger III, Justice Antonin Scalia, and the late Chief Justice
William Rehnquist.
Sen. John Cornyn (R-Texas) properly insists that the next OLC chief
must be of the �requisite seriousness.� Johnsen is. She understands
the fundamental difference between academic commentary and giving
legal opinion on behalf of the United States. That she has sharply
criticized some conservative policy is no more relevant to her
ability than if she liked outré modern art and displayed it in her
living room. Indeed, as a former OLC deputy (during the Clinton
administration) and a respected scholar of the executive, she has a
uniquely well-informed understanding of the OLC�s role as honest
broker. For this reason alone, she merits the Senate�s approval.
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