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Obama's Justice Nominees Signal End of Bush Terror Tactics

by: Greg Gordon  |  Visit article original @ McClatchy Newspapers

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Obama announced several appointments to the Justice Department yesterday. (Photo: Getty Images)

    Washington - In filling four senior Justice Department positions Monday, President-elect Barack Obama signaled that he intends to roll back Bush administration counterterrorism policies authorizing harsh interrogation techniques, warrantless spying and indefinite detentions of terrorism suspects.

    The most startling shift was Obama's pick of Indiana University law professor Dawn Johnsen to take charge of the Office of Legal Counsel, the unit that's churned out the legal opinions that provided a foundation for expanding President George W. Bush's national security powers.

    Johnsen, who spent five years in the Office of Legal Counsel during the Clinton administration and served as its acting chief, has publicly assailed "Bush's corruption of our American ideals." Upon the release last spring of a secret Office of Legal Counsel memo that backed tactics approaching torture for interrogations of terrorism suspects, she excoriated the unit's lawyers for encouraging "horrific acts" and for advising Bush "that in fighting the war on terror, he is not bound by the laws Congress has enacted."

    "One of the refreshing things about Dawn Johnsen's appointment is that she's almost a 180-degree shift from John Yoo and David Addington and (Vice President) Dick Cheney," said Harvard University law professor Laurence Tribe, referring to the main legal architects of the administration's approval of harsh interrogation tactics.

    Walter Dellinger, a Duke University law professor, said that Johnsen's appointment "sends a very strong message that the administration intends to make sure that its power is exercised in conformity with constitutional rights and respect for civil liberties."

    Obama also said that he'd nominate:

  • David Ogden, a top Justice Department official during the Clinton administration, as deputy attorney general, the No. 2 figure under attorney general nominee Eric Holder.

  • Elena Kagan, the dean of the Harvard University Law School and a former Clinton White House aide, as solicitor general. She'd be the first woman to hold the post.

  • Tom Perrelli, counsel to Clinton Attorney General Janet Reno from 1997 to 1999, as the associate attorney general who oversees civil matters.
  •     Obama said that he hoped that the four appointees would restore "integrity, depth of experience and tenacity" to the lead federal law-enforcement agency, which has been battered by scandal.

        "This is a superb set of appointments," said Dellinger, who headed the Office of Legal Counsel from 1993-96 and then served as U.S. solicitor general. "These four are highly accomplished in the profession and bring a stature to the job that will allow them to say no to the president when no is the correct answer."

        While Obama fleshed out his Justice Department team, Democratic officials said that he'll name former Democratic congressman and Clinton White House chief of staff Leon Panetta to head the CIA, tapping a figure who once oversaw the secret budgets of spy agencies but lacks hands-on intelligence experience.

        The Justice Department has yet to fully regain its image of independence since allegations of political influence mired the agency in scandal in 2007, leading to the resignations of Attorney General Alberto Gonzales and about a dozen other department and White House officials.

        Congress still is seeking records related to allegations that nine U.S. attorneys were fired for political reasons, senior department employees skewed career hiring to favor Republican applicants and politics influenced the enforcement of voting-rights laws.

        "It's clear that the Department of Justice has been savaged by the Bush administration and has been profoundly disgraced," Tribe said. "It's going to be a major task to rehabilitate it."

        The task will be complicated, Tribe said, partly because Republican lawyers have been embedded in career jobs, and "a number of them will have to be reassigned to responsibilities and places where their ideological single-mindedness" doesn't interfere with their duties.

        Obama's picks contrast with Bush's selection of Gonzales, who lacked Justice Department experience. Since stepping down as attorney general in September 2007, Gonzales has yet to find a job.

        Without referencing Gonzales, Dellinger said that Obama's four picks are "great lawyers who have terrific jobs they can go back to and the strength to be a strong, independent voice for the law. They are not people who will be easily pushed around."

        Erwin Chemerinsky, dean of the University of California-Irvine law school, praised them as "highly professional, experienced lawyers who are not partisans."

        Ogden, a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr, served as chief of the Justice Department's Civil Division from 1999 to 2001. He's led the Obama transition team's Justice Department review.

        Kagan, the Solicitor General designate, lacks Supreme Court experience, but served as a Clinton White House adviser from 1995 to 1999 and has headed the Harvard Law School since 2003. Tribe hailed her as "the greatest dean I'd ever seen or imagined," and Chemerinsky said she "is held in incredibly high esteem across the spectrum."

        Perrelli, managing partner of the Washington office of the Chicago-based law firm of Jenner & Block, served for four years in the Clinton Justice Department, finishing as a deputy assistant attorney general in the Civil Division.

        Johnsen, whom Dellinger hired to the Office of Legal Counsel, served in the unit for five years. During the presidential primaries, she joined Hillary Clinton's campaign in Indiana.

        ---------

        Jonathan S. Landay contributed to this article.

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    Comments

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    Excellent choice, great

    Excellent choice, great outlook for a Department of Justice that takes justice seriously. Now that's done, why not comment on the mass killings of innocents in the Gaza Strip, Mr. President-elect?

    Yay!! Go after the evil

    Yay!! Go after the evil doers in the Bush Administration now. Don't let them have a skate after breaking laws, ignoring Congressional subpoenas, etc. Many knowingly did illegal acts, such as Cheney / Rove outing CIA employee Valerie Plame. Let's put this country back into a situation of the Rule of Laws.

    I wish Pres. Elect Obama

    I wish Pres. Elect Obama would put someone responsible (maybe former President J. Carter) in charge of a committee whose sole responsibility it is to vett Federal Judges for appointmentship. I believe that I read somewhere that there were over 100 vacancies on the Federal Bench. I would love to see that number cut in half on January 21, 2009 and cut to zero by this time next year! Further, I agree with the post "Go After the Evil". Please - don't let them skate from Justice just because they managed to 'steal' the Presidency. They broke law after law and shreaded the Constitution. Out of simple respect for the 'rule of law,' I beg you, Go after the evil!

    Mr. Obama is finally making

    Mr. Obama is finally making some appointments that give me hope for real positive change. Leon Panetta at CIA? Excellent. And these top justice appointments appear to be cause for hope as well. Imagine, the US again under the rule of law! I agree with other commentators: This task won't be complete until the criminal Repuglican mafia "evil doers" are brought to justice under the rule of law as well. Cheney, Bush, Rove, Rummy et al should be permanently housed at Gitmo to restore our prestige as a nation at home and abroad. If that happens, I'll volunteer my services as an interrogator and gladly relocate to Cuba!

    I agree with both

    I agree with both MouthfromtheSouth and Go After the evil! We will not be able to believe in ourselves as a nation or in our government until we re-establish justice here, which must begin with high crimes, misdemeanors and war crimes investigations. Lancing the wound hurts but it starts the healing process of the body politic. Go for it!

    People from real law schools

    People from real law schools in the Justice Department? What is this? Oh yeah, Obama can actually read and understand the Constitution!

    The impatience for justice

    The impatience for justice being restored in this nation is astounding. Obama hasn't even put his hand on the big book yet and yet everyone who was silent for eight years suddenly demands that everything that was broken be fixed and fixed NOW. Justice can come swiftly but what was broken, can not ever be fixed again. The confidence I once held in America and Americans to demand justice was greatly diminished because of our collaborative hands at so much undoing and twisting of justice that it cannot rise up after being steam rolled down. Americans will have to suffer with justice and not just expect it to pop up its lovely face after so much wreckage. Now that so many of us are ou tof work perhaps we will have more time to witness and help this process along by engaging in it rather than just calling for justice to be restored.

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