Democrats Ignore Obama Nominee Who Opposes Torture

It has been almost 10 months since Dawn Johnsen was nominated to run a key department at the Department of Justice. She is an outspoken critic of the Bush administration’s use of torture, and was nominated by President Obama to fill the position responsible for Bush’s torture policy. But her nomination has not been a top priority for neither senate Democrats nor the White House.

Senate Republicans have held up her nomination because of her position on abortion. She is pro-choice and has served as head of the National Abortion and Reproductive Rights Action League.

Senator Reid has said he does not have the necessary 60 votes to overcome Republican objections. That is because at least two Democrats have also raised concerns: Nebraska Senator Ben Nelson and newly turned Democrat Arlen Specter of Pennsylvania.

But it seems to be low on the priority list for both Senate Democrats and the President and it appears to have fallen off the radar.

I asked about Senator Charles Schumer, the number three Democrat in the Senate, about it Wednesday, he clearly had not thought of this issue in a while.

“I don’t know what’s going on with it,” Schumer said.

Senator Reid’s spokesperson, Jim Manley, wrote in a lengthy email exchange that health care is top on the agenda right now. He passed the buck and said it is “up to the White House” to get her through the Senate. This despite Reid being known on Capitol Hill as the ultimate deal maker who can push through many difficult votes.

The White House has not returned requests for comment.

A Republican leadership staffer said it is off the Republicans’ radar because Reid is not pushing for a Senate vote. The aid pointed to five votes on controversial nominations Senator Reid has successfully passed through, including the latest on September 9th for the Office of Management and Budget, as proof that Johnsen is too controversial and that the Democrats have not made her confirmation a priority.

In March Senator Specter, then a Republican, said he had reservations.

“I am reserving judgment until I talk to her,” Specter said during the vote in the Senate Judiciary Committee. She was passed out of committee along party lines.

Despite two meetings with her since that statement, Specter’s spokesperson says his vote is still “under consideration.”

The Office of Legal Council is in charge of giving the president legal guidance. The office was notorious during the Bush administration with providing legal justifications for waterboarding and electronic surveillance of Americans.

Dawn Johnsen has been a vocal critic of the office during the Bush years. At a forum in 2007 she called the direction if the position depressing. She joined 18 other former legal councils to protest.

“We were appalled at the first torture memo,” Johnsen said. “We need to restore OLC’s tradition of independence and integrity.”

David Cole is a Professor at Georgetown University Law Center. He says filling this position is crucial.

“This is one of the most important offices in the Executive Branch and it is often described as the constitutional conscious of the Executive Branch, and to have it with out a Senate confirmed head undermines it,” Cole said.

Until Dawn Johnsen is confirmed, if she ever is, an appointed person, who did not go through the confirmation process, is filling the role.

For an audio version of this story, go to fsrn.org.

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