Tuesday, January 6, 2009

Obama Pledges Justice Department Appointees Will "uphold the Constitution and protect the American people"

ERIC LICHTBLAU reports in the New York Times that: "Mr. Obama, in announcing his four new choices on Monday, said, “I have the fullest confidence that they will ensure that the Department of Justice once again fulfills its highest purpose: to uphold the Constitution and protect the American people.” The appointees are all former Clinton officials and suggests that Obama has filled the top four "Justice Department posts with lawyers whose records signal a sharp break from the legal policies of the last eight years." David W. Ogden, who was in charge of the Obama "transition team at the Justice Department" will serve as deputy attorney general and "has examined a variety of Justice Department policies over the last two months to allow for a quick start to the new administration." Dean of the Harvard Law School, Elena Kagan was appointed to the post of solicitor general and will represent the administration before the United States Supreme Court. Thomas J. Perrelli received appointment to the post of associate attorney general and "would (conduct) oversight of civil litigation, antitrust matters, civil rights, taxes and environmental law." Indiana Law Professor Dawn E. Johnsen was placed in charge of the Office of Legal Counsel. "... Ms. Johnsen, who would provide legal interpretations to the entire Obama administration, did not try to hide her disdain for recent counterterrorism initiatives in a law review article last year titled: “What’s a President to Do: Interpreting the Constitution in the Wake of the Bush Administration’s Abuses.” She criticized the “unnecessary unilateralism of the Bush years” in programs like the National Security Agency’s program of wiretapping without warrants and the administration’s approval of simulated drowning, or waterboarding, in the questioning of suspected Al Qaeda operatives." It is expected that "Ms. Kagan and Ms. Johnsen bring strong academic credentials to the Justice Department, Mr. Ogden and Mr. Perrelli are seen as experienced managers who know the intricacies and operations of a department with about 110,000 employees." Harvard law professor Laurence H. Tribe "who taught Ms. Kagan at Harvard" said that he would "be very surprised if they (the soon to be new members of the Obama Justice Department) don’t freshly re-examine some of the positions the previous administration has taken.” The four new appointees, in addition to Eric H. Holder's nomination to be Attorney General, suggest Obama's strongly focused "effort to stake out a new direction" that negates Bush's controversial overreach of precedent regarding issues including the use of torture in interrogation methods and nonjudicial sanctioned wiretapping.

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