In Limbo: Dawn Johnsen's Nomination Stalls Thanks to Democrats
For several weeks--while torture revelations have dominated headlines and with the scandal still very much alive--Dawn Johnsen has been waiting. She's Obama's pick to head the Office of Legal Counsel--the same Justice Department shop that famously blessed Bush-era interrogation policies--and her strong stance on that issue has united Republicans against her. But that's not her biggest problem. Her biggest problem is that Harry Reid has not been able to muster enough Democrats to overcome a filibuster threat.
Here are the numbers as they stand right now:
Votes Against Johnsen: 37 Republicans
Votes for Johnsen: 57 Democrats plus Indiana Republican Richard Lugar
Undecideds: Republicans Olypmia Snowe and Susan Collins and Democrats Arlen Specter and Ben Nelson
Reid frames the issue by saying he needs a couple Republicans to cross the line before he has the 60 votes necessary to overcome a filibuster. But as the numbers show, it's just as much an issue of Reid not being able to muster the entire Democratic caucus in support of Johnsen.
The nomination isn't dead yet, but with Reid trying to put the onus on the White House to shore up support for the beleaguered nominee and the White House staying mum about what it role in all this is, or should be, Johnsen's nomination isnt going anywhere fast.
The most high profile of these undecideds is Sen. Arlen Specter (D-PA) who, upon defecting from the Republican party, voiced brusque opposition to the Obama nominee. But his staff confirmed to me yesterday that he's now considering how he'll vote on cloture, which represents, at least rhetorically, a move away from his earlier position.
And then there's Sen. Ben Nelson (D-NE), who says he finds her nomination troubling. But he also seldom votes to filibuster presidential nominees--including, importantly, a number of controversial Bush administration officials. Several weeks ago, Nelson's spokesman Clay Westrope said Nelson hadn't decided how the Nebraska Democrat would vote on cloture, but that he usually votes yes because "he is against obstruction and believes it is important for each issue to get an up or down vote."
But Nelson was recently dealt a significant blow by the White House and Democratic leaders when they signaled their intent to curb subsidies to student lending institutions.
Yesterday, Westrope said Nelson's position hasn't changed. When I asked him to reconcile Nelson's opposition to "obstruction" and his unwillingness to make a decision on Johnsen, he had no comment. And he bristled at the notion that the expectation is that Nelson will ultimately oppose a filibuster. On Thursday, Sam Stein reported that Nelson "appears to be the key obstacle to her confirmation."
Reid says he won't bring the nomination to the floor until the votes are there--and as you can see the votes aren't there. A Judiciary Committee source says it's leadership's responsibility to whip up the votes, and a spokesman for Senate Minority Leader Mitch McConnell says there's nothing stopping Reid from doing this if his caucus is united. Lugar's spokesman Andy Fisher confirms today that the Indiana senator continues to support both invoking cloture, and Johnsen herself. That puts the onus on Democrats.
Johnsen served as acting OLC Chief under President Bill Clinton. Republicans say their opposition to her is rooted in her work and writings for NARAL, where she served as legal director from 1988 to 1993. But Snowe and Collins, to name two, don't share the party base's...stalwart position on abortion. And the more recent, and more important subtext is that Johnsen was a vocal critic of the Bush-era OLC--the font of the administrations torture and wiretapping policies, which many believe should be investigated by the current justice department.
If the leadership vacuum isn't quickly filled, Johnsen may have to wait until Democrats seat Al Franken (not an easy task in and of itself) to get past the filibuster. In the meantime, Reid hasn't been able to nudge Nelson, or completely turn Specter, and the administration has made little progress getting the Snowe and Collins on board. And so Dawn Johnsen waits.
Josh
Matt
Eric
Meanwhile, administration positions sit vacant. I'm not surprised the GOP doesn't care, but for Democrats to be sitting on their hands is shameful. The worst is Harry Reid. Is he just afraid of his own shadow, or is he benefitting from this somehow? Get rid of him! We need real leadership.
May 15, 2009 12:04 PM | Reply | Permalink
Even when the Dem's have everything they seem to try to find a way to gear themselves to screw it all up. Its not only the politicians either. The party seems to want to cheer it on by sticking to nonproductive frivolous talking points. Just like the Pelosi thing now, and for the last 8 years.
Dem's need to keep their eye on the ball.
May 16, 2009 4:44 PM | Reply | Permalink
translation = Reid cannot deliever key votes to push Obama's agenda through. Bad news for Obama and progress!
May 15, 2009 12:09 PM | Reply | Permalink
Goddamn right, hard to get his administration FULLY working without a full staff. Thanks alot Harry, you got balls big as church bells lol!
May 15, 2009 12:17 PM | Reply | Permalink
Every time his balls ring, a Republican gets his wings.
May 15, 2009 2:05 PM | Reply | Permalink
I agree with winfastandwin. If Obama really wanted Johnson confirmed, he could call Harry into his office and say "Dammit Harry, I have a hard time believe that members of our own party will not vote for cloture for my nominees so you need to grow a pair and hold the vote for cloture and if it fails make the republicans and the Judas Democrats filibuster."
You think Reid would refuse Obama's request?
May 17, 2009 3:59 AM | Reply | Permalink
True enough. This does not bode well for health care reform or any of the other policies that really matter.
May 15, 2009 12:20 PM | Reply | Permalink
Dammit, Reid, if they want to filibuster, MAKE THEM FILIBUSTER. Yes, let's HAVE a serious senatorial debate, carried live on C-SPAN, about the behavior of the OLC, the torture apologists and the legal folks in the previous administration who ran roughshod over the law and the Constitution. I think the public would find that quite enlightening.
May 15, 2009 12:15 PM | Reply | Permalink
"Comity" requires that they be allowed to derail any number of things without having to take any sort of overt stand, and without any awareness on the part of the public (except perhaps in some political blogs).
May 15, 2009 12:29 PM | Reply | Permalink
Nice fantasy ... unfortunately, it doesn't really work like that.
http://www.huffingtonpost.com/2009/02/23/the-myth-of-the-filibuste_n_169117.html
May 15, 2009 1:02 PM | Reply | Permalink
The author of that post bought one of Reid's excuses hook-line-and-sinker. If you read the post and the comments carefully, you'll see that the excuse is nonsense. The argument is only that Reid can't force Republicans to actually talk during their filibuster until they run out of quorum calls. But who cares about that? Reid can still force the Republicans to hold the floor, and he can even have the Capitol Police force all Senators to remain in the chamber while the filibuster continues.
Don't fall for the excuse: Reid could force a real filibuster; he just lacks the backbone to do it.
May 15, 2009 3:06 PM | Reply | Permalink
What QuiteAlarmed said.
Ryan Grim swallowed it, and so did you.
Ari Melber does a further take-down of this bogus excuse here.
May 21, 2009 12:44 AM | Reply | Permalink
What use has Harry Reid ever been? What of importance has he ever delivered?
Unless they want to waste these four years they have, the Dems should really have a coup.
May 15, 2009 12:19 PM | Reply | Permalink
Agreed. Harry Reid = Worse than Useless
May 15, 2009 12:44 PM | Reply | Permalink
Opposing an up or down vote on the President's nominees should be an untenable position for anyone in the President's party. Any Democrat who takes that position should be stripped of all Committee assignments. No one should accept Harry Reid's lily-livered excuses. If he can't control his own caucus on an issue this basic, then he has no business serving as Majority Leader.
May 15, 2009 12:20 PM | Reply | Permalink
The silly thing is I haven't seen anyone question her qualifications. In a matter where it is the appointment of a competent person to a position in the administration then there shouldn't even be a threat of a filibuster from the opposition let alone your own members.
May 15, 2009 1:10 PM | Reply | Permalink
Not only that, the core reason for the opposition is that she strongly supports the rule of law. How utterly ridiculous is that? Opposing a nominee to head the office charged with advising the administration on what the law says because she believes the administration must follow the law???
Up is down. Black is White. Welcome to the MSM-endorsed Neocon Wonderland.
May 15, 2009 1:36 PM | Reply | Permalink
Exactly!
To be a member in good standing with the Democratic Caucus, one should be required to vote with the party on procedural votes like cloture. They can still be free to vote their conscience (or their perception of where their constituents stand or their view of what they owe their campaign contributors) on final passage of a bill or approval of a nomination, but anyone who votes with the GOP against cloture should be stripped of all committee and subcommittee chairs.
Why Harry Reid does not insist on this is further proof that he is non compos mentis.
May 15, 2009 2:48 PM | Reply | Permalink
Can anyone imagine Lyndon Johnson putting up with 1/10th of what Reid tolerates? The majority leader has a job to do and part of that job is to make sure the members of his party who are unwilling to work with other members have no opportunity to deliver anything to their constituents. A good majority leader has a big whip and uses it.
May 16, 2009 12:25 AM | Reply | Permalink
"What use has Harry Reid ever been? What of importance has he ever delivered?"
Nothing. Absolutely nothing and since he's been leader of the caucus for four years he should be ashamed of himself.
May 15, 2009 12:22 PM | Reply | Permalink
pathetic. there is no reason to hold this up. none. Reid couldn't be any weaker if he went on a 3 month hunger strike.
May 15, 2009 12:27 PM | Reply | Permalink
It's not a filibuster, it's the threat of a filibuster. Anyway if the President really wanted this nomination it'd be done by now, so there'es something else going on here.
May 15, 2009 12:33 PM | Reply | Permalink
"Anyway if the President really wanted this nomination it'd be done by now"
Not necessarily. The Blue Dogs in the Senate can pretty much tell Obama to fuck off and they wouldn't care one bit. Sure Obama can say something on this and it would rally the Senators like say Boxer, Feingold, Sanders etc. But not DINOS like Ben Nelson.
May 15, 2009 12:41 PM | Reply | Permalink
Twi words: recess appointment.
May 15, 2009 12:46 PM | Reply | Permalink
Good point and agreed. No reason to waste political capital on an appointment that the majority in the Senate will support.
May 15, 2009 4:17 PM | Reply | Permalink
Excellent idea. That at least should get her in without having to wait for Franken to be seated, as that may not happen until after SCOTUS starts its new term in October.
May 15, 2009 4:52 PM | Reply | Permalink
Another demonstration of courageous leadership by Harry Reid!
But folks, let's realize it isn't jut Harry Reid. If the Democrats were really behind this nomination they wouldn't all sit on their hands and point to the leader. The majority of Democrats in the Senate don't find this important enough to muscle their colleagues to do the right thing. So, they're lying low and will be happy to vote for the nomination if it gets to the floor and be just as happy to let Johnsen twist slowly in the wind and watch the nomination die if it comes to that.
May 15, 2009 12:43 PM | Reply | Permalink
The filibuster may have had some justification when it was an occasional, extraordinary measure, but with Spineless Harry and his crew having allowed it to evolve into a routine requirement for 60 votes to pass anything, it's indefensible and needs to be shitcanned once and for all by the next Congress.
May 15, 2009 12:52 PM | Reply | Permalink
There is a reason why the Republicans don't try to go after Reid's seat in NV. Schumer or Durbin wouldn't play nearly as nice.
With no viable challenge to Reid in NV, if folks want to send a message, go after Specter in Pa. Reid cut a ridiculous deal to bring him over when Sestak would have likely defeated Toomey come 2010. Rendell and the Party bigwigs are already trying to clear out any possible primary challenges to Specter - contact Rep. Sestak and urge him to challenge Specter. You have to believe he's getting tremendous pressure to not run. Specter losing a primary would be a huge message sent to Reid.
May 15, 2009 12:55 PM | Reply | Permalink
If you want to eat your own - why not Nelson?
May 15, 2009 1:20 PM | Reply | Permalink
Nelson would be replaced by a Republican. Specter would be replaced by a real Democrat.
If you're talking about Reid, it would be addition by subtraction. A 58-seat Dem caucus lead by Schumer would be stronger than a 60-seat Dem super majority led by Reid.
May 15, 2009 1:47 PM | Reply | Permalink
I've already called Specter's office to let him know that I'll be watching his cloture decision on Dawn Johnsen closely. I mentioned that if he didn't vote for cloture, then I would look for a Democratic challenger to support in the primary, because I don't believe that anyone who can't even support an up-or-down vote on a Democratic President's nominees deserves the Democratic nomination.
May 15, 2009 1:32 PM | Reply | Permalink
It's disappointing and frustrating to say the least, but I can't assign blame if I don't know what the inside game is. It's like knowing the score but not really having all the details about how that inside game is being played-short term, long term strategy.
May 15, 2009 12:56 PM | Reply | Permalink
This "threat of a filibuster" crap is turning the U.S. into something other than the democracy the Founding Fathers envisioned, i.e. majority rule.
May 15, 2009 12:56 PM | Reply | Permalink
Being a member of the Democrat Socialist Party is the worse association you could have. With the exception of the alternatives!
May 15, 2009 1:01 PM | Reply | Permalink
It is time for Harry Reid to call the Republicans on each filibuster threat; a majority is 51 in the Senate and he has more than enough votes. If the Republicans really do filibuster everything the Democrats try to do, they will really be digging their own political graves; right now they are winning each and every fight.
May 15, 2009 1:02 PM | Reply | Permalink
In reality, this isn't a filibuster threat. The senate rules require a cloture vote before any bill other than a budget reconciliation measure can be voted on. So, nothing can be done to change that until the senate rules can be changed, and that isn't likely to ever happen.
It is very unfortunate that a 60% vote is needed to pass all bills in the Senate, but that is how it works. The Senate's role is to obstruct change, and they do that job extremely well.
May 16, 2009 12:31 AM | Reply | Permalink
"If the Democrats were really behind this nomination they wouldn't all sit on their hands and point to the leader."
Sure they would. Doing nothing and blaming someone else is a lot easier and safer than doing something and having people say bad "stuff" about you.
In fact the driving force behind the last four years in the Democratic Senate has been the fear of people say bad things about them.
May 15, 2009 1:05 PM | Reply | Permalink
So let me get this straight .... Ben Nelson is refusing to support the democratic platform, and you all blame Harry Reid?
No wonder it takes Bush destroying our nation for democrats to win elections.
May 15, 2009 1:05 PM | Reply | Permalink
Reid is catching the blame because Ben Nelson is not suffering any consequence for his refusal to allow a vote on the nominee. If Nelson is opposed to Johnsen, he can voice that opposition in his vote on her nomination. That he is freely allowed to piss on the Democratic caucus and the President bespeaks a failure of leadership on the part of Harry Reid. By the way the same can be said for Arlen Specter. He should be required to vote for cloture on every routine vote as the price of joining the Democratic Party.
It is pretty clear that leadership is lacking on this issue.
May 15, 2009 1:25 PM | Reply | Permalink
Ben Nelson can refuse to support whatever he wants. But he can't be allowed to prevent a vote from taking place, and Harry Reid is most certainly to blame for this debacle.
Why is a Republican masquerading as a Democrat allowed to derail someone a Democratic President has nominated? Because the Democratic leadership (sic) appears to be incapable of leading.
May 15, 2009 1:31 PM | Reply | Permalink
REID. MUST. GO. The sooner the better.
May 15, 2009 1:06 PM | Reply | Permalink
Two words Obama may learn to love: recess appointment.
May 15, 2009 1:11 PM | Reply | Permalink
He'd better learn, if he doesn't want to end up being rolled on everything.
May 15, 2009 1:17 PM | Reply | Permalink
I'm opposed to recess appointments on principle. I don't think it's a good idea to continue setting precedent. Let Bush sit out on his own.
May 15, 2009 2:14 PM | Reply | Permalink
How do you "set" a precedent that in fact goes back to George Washington? Excessive, abusive use of the power is one thing, but this one would be perfectly justifiable.
May 15, 2009 3:20 PM | Reply | Permalink
Republicans need to be made to pay a political price for their obstructionism. If they want to bottle up nominations based only on a desire to play dog in the manger, then fine -- let Obama appoint whomever he choses without having to worry about getting Republicans on board.
There's no "precedent" being set here; it's following a long-established practice that is, in fact, an executive power enumerated in the Constitution itself.
May 15, 2009 5:21 PM | Reply | Permalink
I don't expect every democrat to support everything I support. Big tent party, right?
I do expect Harry Reid to mold the raw tools of a non-unified party and the existence of an opposition to get things done anyway. That's the majority leader's job.
And the problem here, really, isn't that we have 57 Senators supporting Johnsen and not 58. The problem here is that we are working under a system where it requires 60 votes to get every basic function of the Congress done, including nominating normally-uncontroversial legal positions.
It is Ben Nelson's fault we have 57 Senators supporting Johnsen and not 58. I think it is Reid's fault we have reached a point where Congress can't blow its nose without gathering 60 votes first.
May 15, 2009 3:05 PM | Reply | Permalink
Co-sign.
May 15, 2009 3:21 PM | Reply | Permalink
37 Republican no votes +
47 Democratic yes votes +
4 fence sitters +
1 not-yet-seated senator (Al Franken) =
99
Who is the missing senator?
May 15, 2009 1:16 PM | Reply | Permalink
Oops, meant to say
46 Democratic + 1 Republican yes votes
May 15, 2009 1:18 PM | Reply | Permalink
Ted Kennedy
May 15, 2009 1:24 PM | Reply | Permalink
The thought going through my mind is that Dawn Johnsen was chosen to please some people -- but she's not supposed to get in. Looking at the way Obama's going for some Bush era crap I have to wonder if he'd actually welcome someone like her in that position.
May 15, 2009 1:57 PM | Reply | Permalink
I don't think that's true. Look at Elena Kagan and some of Holder's deputies in this case. Most are fairly liberal. Dawn Johnsen fits in well with them. I understand why the administration isn't fighting this too hard because republicans could turn this into a fight on abortion, and that's REALLY a fight the administration doesn't want to have. Look at the gallup poll that came out today. For the first time since the 90s, Pro Life is 9 points ahead of Pro choice. Reid has got to step up.
May 15, 2009 2:06 PM | Reply | Permalink
1. Obama nominates progressives to his legal advice team.
2. But nomination of those progressives gets tied up, and with the progressives not yet on the legal team, Obama's legal team makes some unprogressive decisions.
3. (2) is proof of Obama not wanting progressives on the legal team.
4. ??!?
May 15, 2009 2:53 PM | Reply | Permalink
So you're suggesting Nelson might filibuster Johnsen not because of Johnsen herself, but as retribution for an unrelated matter regarding student loans? I realize that kind of petty behavior is common on Congress, but isn't it a bit weird to see in an intraparty squabble?
If it's really as close as TPM describes, then what might happen if, I don't know, MoveOn or DFA or CREDO started blasting their email lists to pressure Nelson and Specter on this?
May 15, 2009 2:51 PM | Reply | Permalink
Ben Nelson is pissed because of the student loan changes Obama's making and specter...they might as well get used to specter voting like a republican because that's what he is regardless of the post above.
May 15, 2009 4:11 PM | Reply | Permalink
I want to see Reid's birth certificate. There is no way this "man" has testicles.
May 15, 2009 4:24 PM | Reply | Permalink
Jesus, I really do believe some of you think Harry Reid is responsible for bread mold and your hemmorhoids.
Read the article. Reid has got his whole caucus but two plus one Republican lined up. That's all the blue dogs execept for Ben Effing Nelson and Specter. So tell me, exactly, what is it Reid is supposed to do to force them to vote against cloture? He can't unilaterally deprive them of their committee assignments. That would take a new organizing resoution that the whole chamber would have to vote on. He can't threaten Nelson's reelection bid given that fear of losing the next election in his mostly quite red state is what makes him such a colassal asshole. His only real hammer is threatening not to bring their bills to the floor and these two assholes don't really have that much legislation of their own that they care that much about. His only real carrot is the prospect brokering a deal that gets them something they want legislatively. Neither of those are tools that he can use on every vote.
Its this simple. The House rules make the Speaker the trail boss of a cattle drive. The senate rules, however, make the Senate Majority Leader the trail boss of a cat drive. When the cats being driven are Democats, the job gets even harder.
May 15, 2009 5:25 PM | Reply | Permalink
so is the litmus test to find someone who agree with the Bush Administration's wiretapping and torture policy?
May 15, 2009 9:38 PM | Reply | Permalink
MESSAGE FROM THE WHITE HOUSE: NEVER MIND THAT OBAMA IS TURNING OUT TO BE JUST ANOTHER POLITICIAN BOUGHT AND PAID FOR BY CORPORATE AMERICA
_______
Don't worry about the failed promises of the Obama Campaign - - all 37 of them, according to the Associated Press.
Change Washington? What change? Washington is changing him.
Single-Payer Universal health care? No!
Trust the health care industry to lower prices! Yea! In a pigs ear! Forget about the 50 million uninsured Americans who don't have access to quality healthcare. Forget that the health care industry has rased prices more than 30 percent during the economic crisis.
Iraq war? What war? The real war is inside the Executive Department. It's the millitary, CIA, NSA and arms dealers against "that damned black bastard," as the International Tribune quoted a CIA insider.
Success in Afganistan? What success? Dying is dying; ask families of those sent home in coffins.
Torture? What torture?
Bush administration war criminals? What criminals?
Justice department corruption? Huh?
Bail outs so Wall Street greedy crooks can still misuse money to the tune of billions of dollars. Of course, just charge the taxpayers.
Oil prices lowest in decades. What low prices?
The cost at the pump is being raised to make Obama fail. Answer? Silence from the White House.
Let the mainstream media take care of things. And trust those noble members of Congress to do the right thing, you know, those Democrats who signed off on all of the Republican crimes and radical conservative agendas.
No?
Hell no!
The solution? Forty million Americans sending angry letters to Congress and the White House. A major voter uprising is needed. Otherwise, America will remain the greatest plutocracy money can buy.
May 16, 2009 1:15 AM | Reply | Permalink
Reid is a eunich.
Ben Nelson is the consumate politician; being ornery is simply a show for the benefit of the rubes back in Nebraska. Think about it, what has Nelson ever done of note except oppose the Democratic Party?
Think of the party if we could replace Nelson with another Bernie Sanders, and Reid with a Henry Waxman type.
May 17, 2009 6:53 AM | Reply | Permalink