Monday, January 5, 2009

Salon: Shock of shocks. Greenwald approves of something Obama does...

Even Glenn Greenwald likes Obama's appointments to the Office of Legal Counsel.

The Office of Legal Counsel, inside the Justice Department, is probably the most consequential federal government office that remains relatively obscure. The legal opinions which it issues become, more or less automatically, the official legal position of the Executive Branch. It was from that office that John Yoo, Jay Bybee and others did so much damage, issuing now-infamous memoranda that established the regime of lawlessness that has dominated our political institutions over the last eight years. Other than Attorney General-designate Eric Holder and Obama himself, there is probably no official who will have a more significant role in determining the extent to which the Obama administration really does reverse the lawlessness and legal radicalism of the Bush years.


Today, as The Boston Globe just reported, Barack Obama announced several new appointments to key DOJ posts, including Dawn Johnsen to head the OLC. Johnsen is a Professor of Law at Indiana University, a former OLC official in the Clinton administration (as well as a former ACLU counsel), and a graduate of Yale Law School. She's become a true expert on executive power and, specifically, the role and obligation of the OLC in restricting presidential decisions to their lawful scope.


There are several striking pieces of evidence that suggest this appointment may be Obama's best yet, perhaps by far. Consider, first, this rather emphatic Slate article authored by Johnsen in the wake of the disclosure, last April, of the 81-page John Yoo Memo which declared that the President's power to torture detainees is virtually limitless.

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