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Oh Yeah! Harold Koh's Nomination Hearing

I mentioned earlier that we'd be closely following today's Senate Foreign Relations Committee hearing on the nomination of Harold Koh to be State Department Legal Adviser. But then--well, you know. I haven't forgotten, though, and here's a bit of an update.

You can read the prepared statements from committee chairman John Kerry (D-MA), ranking member Richard Lugar (R-IN), and Koh himself (all PDFs) here. However, if you're in the mood for some slightly denser, but more interesting reading, check out this Q&A. Lugar asked Koh a bunch of questions for the record (including on such hot-button issues as "transnational justice") in advance of the hearing and Koh responded in full last week.

A committee source says Lugar set a cordial and laudatory tone in his opening statement, and suspects that he will vote to move Koh's nomination out of committee when it meets to discuss business a week from today.


2 Comments

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Are they still voting on Sebelius today, or whatever

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The linked Q&A is very informative but the following response is particularly refreshing:

"I have found that the best government legal counsel do not either “just say yes” or “just
say no.” The first approach too easily lends itself to lawyers bending the law to allow the administration to do whatever what it wants to do; the second approach, without more, too easily lends itself to lawyers who do not present policymakers with all available lawful options. A third approach, which I favor, involves the
legal counsel working closely with policymakers throughout the policy process to develop alternative, lawful means of obtaining smart, sensible policy objectives. In all cases, though, a government lawyer must be prepared to hold policymakers to their oaths to support and defend the Constitution of the United States. If
confirmed, that is what I would intend to do."

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