Libya

Obama Administration Allies Criticize White House's Legal Process In Libya Decision

Brian Beutler | June 22, 2011, 4:05PM

Nominee for Office of Legal Counsel Dawn Johnsen

Critics across the ideological spectrum have criticized President Obama for overruling a determination by Attorney General Eric Holder and the Justice Department's Office of Legal Counsel that continued action in Libya is unlawful. But some of the White House's natural allies in the liberal legal community -- including those close to the administration -- are troubled by a separate, and in some ways more fundamental, part of this story.

In addition to overruling the OLC -- the Justice Department office tasked with establishing the bounds of lawful conduct for the executive branch -- the Obama administration also circumvented the basic process administrations typically follow in assuring its policies are legal.

"Here, if what's being reported is accurate, the White House counsel played the role of OLC, by soliciting the views of different agencies," said Dawn Johnsen, in an interview. "That's the big problem here. You're more likely to end up with bad legal decisions when you deviate from that process."

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