Dawn Johnsen's Nomination In Peril With Brown Senate Win

In addition to hurting the prospects for health care reform, there may be another casualty of the Democratic party's loss of Ted Kennedy's old Senate seat in Massachusetts last week -- the confirmation of Dawn Johnsen, one of President Obama's most controversial appointees to the Justice Department.

It is uncertain that the party has the 60 votes needed to get Johnsen confirmed to the post of Office of Legal Counsel. say aides.

On Thursday, the Senate Judiciary Committee will consider Johnsen's nomination for the second time in less than a year. The committee is expected to vote to send the confirmation to the Senate floor, though a Judiciary aide cautions that any member on the committee "can request that the nomination (or any other nomination or bill listed for the first time) be held over for one week."

What happens when it gets to the Senate floor is the subject of some political intrigue. Up until last week, it was widely assumed that Johnsen had the votes needed for passage. Sen. Arlen Specter (D-Penn) announced he would support the nomination despite months of skepticism. Sen. Richard Lugar (R-Ind.), who hails from Johnsen's home state, was also seen as a yes vote. That made 60, with the remaining Democratic holdout being Sen. Ben Nelson (D-Neb.).

The election of Sen. Scott Brown (R-Mass) to the Senate changes that calculation. The Massachusetts Republican ran on a decidedly pro-waterboarding platform -- putting him at odds with some of Johnson's legal positions. Johnsen's backers are concerned that he would ultimately be a no vote, putting her nomination back in peril.

Should Brown be a no vote, the attention shifts back again to Nelson, who has been coy about where exactly he stands on confirmation. The Nebraska Democrat told the Indianapolis Daily Star on Sunday that he doubted Johnsen's nomination would even be brought to the floor for a vote. He also insisted that the Obama White House had not contacted him about the issue.

An administration official, expressing confidence in Johnsen's nomination, disputed Nelson's account, noting that the White House's legislative affairs department set up a meeting between the senator and the OLC nominee "months ago."

Comments

[diogeron]

04:58 PM on 01/26/2010

This is absurd. Dawn Johnsen is one of the most qualified people ever nominated for this post. The GOP will do everything and anything to make this president fail. We still don't have a head of the TSA because of the insistence on the part of the GOP to put politics above policy. Moreover, Obama needs to get a spine and stand up to these people instead of playing nice with them when all they are going to do is slap him in the face every chance they get.

[Bude]

02:29 PM on 01/26/2010

It is obscene that a year into his administration, Obama still can't get his nominees approved!

GOP gridlock!

[mortalkonlaw]

09:53 AM on 01/28/2010

Well, the Democrats stalled a lot of Bush's appointments too. Still, on balance it does look pretty silly.

[sufi66]

11:49 AM on 01/26/2010

Other than failure to improve this woman's resume, what possible difference could this mean for the good of the country, which, I presume, was the reason we elected Obama.

Rest assured that if she is any good, Obama will not fight for her.

[bygollymissmolly]

10:25 AM on 01/26/2010

It will only be in peril if the Democrats cave to the Republicans "threat" of a filibuster. It's time that the Democrats start making the Republicans actually hold a filibuster and while they are doing it, let the American public know what they are doing on a daily basis. If the Democratic party doesn't find it's spine soon, they will be toast in the 2010 election because most progressives and many independents will simply stay home and not vote.

[sufi66]

11:51 AM on 01/26/2010

Caving is what they do best.

In their world, the world we thought we left behind by voting for Obama, caving is the only option.

[fabricnthreads]

08:13 AM on 01/26/2010

Wow.

We have digressed as a nation to the point where being "pro-waterboarding" is a campaign issue on which one can proudly (?????) run.

God help us all....

[Camille21]

12:41 AM on 01/26/2010

Bush didn't have 59 senate votes, why do the Dems need that many?

[sviolette]

12:49 AM on 01/26/2010

Filibuster.

[anastasialyrae]

06:44 AM on 01/26/2010

The Democrats blocked several Bush appointees. Mostly for the federal bench, but also including John Bolton's nomination as U.N. Ambassador. Turn about is fair play. This is a good example of why the filibuster must go. There should be consequences to elections. The filibuster lets the minority party avoid far too many of those consequences.

[ibsteve2u]

07:10 AM on 01/26/2010

"Ambassador" John Bolton was an oxymoron.

Now "Warmonger-in-Chief" John Bolton...he was qualified for that.

[Tiger-99]

12:36 AM on 01/26/2010

"Democratic party's loss of Ted Kennedy's old Senate seat in Massachusetts last week "

Didn't you hear that it was the "Peoples Seat"?

[donheld]

11:11 PM on 01/25/2010

Make it a recess appointment

[Raster]

10:34 PM on 01/25/2010

The US IS "ungovernable" when it takes a super-majority to operate the national legislature. The population will become more radicalized thru sheer frustration if this state of affairs continues.

[ramsfan]

11:29 PM on 01/25/2010

you have to operate from the center, obama's admin has failed to do so

[FearlessFreep]

11:31 PM on 01/25/2010

There's no center, only centrists.

[skippypicasso]

12:45 AM on 01/26/2010

Maybe you should have mentioned that to the Constitution-shredder in chief 2001-2009

[jjkmack]

09:50 PM on 01/25/2010

I'd bet this is the result of Obama listening to conservative DLC Dems like Rahm Emanuel...they have the Clinton approach of bending over backwards anytime the rightwing puts up the smallest complaint, but then ignores major, informed criticisms by progressives and the majority of the US public.

[HHarvey]

10:10 PM on 01/25/2010

exactly, if this were the republicans they would have railroaded her right through.

[chicagurl]

11:20 PM on 01/25/2010

Bush would have made a recess appointment and she would have been in from day one that Bush wanted her. There are so many of these that Obama could have made back in August when Congress was out - or December, for Christmas. I just don't understand this President and why he continues to try to get republicans on board a presidency they have vowed to disrupt from day one.

[Hendrix]

01:23 AM on 01/26/2010

Your'e absolutely correct. Now Obama gonna wimp out on healthcare. What happened to inspiration change that was offered to us in the campaign? Change needs leadership and the guts to "Just Do IT and to hell with the Republicans and Blue Dogs!" People don't like wimps no matter what viewpoint one believes in. It's the same in much of the world. Strength and Conviction is respected mo matter what! Please Obama don't make us Democrats sorry that we chose you over Hillary.

[chitown8]

09:14 PM on 01/25/2010

He should have pushed her through during the recess.

[Raster]

10:38 PM on 01/25/2010

Bush rammed his appointees thru constantly during recesses. Obama can't stand even the thought of strong action.

[LemonMeringue]

10:48 PM on 01/25/2010

I wish he would choose a different set of Bush traits to carry on into his administration.

[nomobull]

09:14 PM on 01/25/2010

enough

[fran-pan]

08:50 PM on 01/25/2010

It shows how frightening an honest and competent person can be..

[Carl Anderson]

08:34 PM on 01/25/2010

How is it that Bush, with far fewer than 60 or 59 senators, could do all kinds of things to the country --- and now Obama and the Dems can't get a health care bill or OLC appointment confirmed.

Bush got Alberto Gonzales through the Senate. Where is LBJ or Mike Mansfield now to get Dawn Johnsen confirmed.

[topguide]

08:51 PM on 01/25/2010

Jellyfish don't have the spinal substance to lead

Jellyfish follow. You could have a 100 Jellyfish, and they would still follow.

[Jimboy17]

04:45 AM on 01/26/2010

Ah, but what, dear squire, do they follow? The liberal conspiracy to bring Global Fa//scism of course! Glenn told be so.

[jlarue]

08:56 PM on 01/25/2010

We are just completely wimpy!!!! Why do the Dems just shiver with fright everytime a Repub barks?

[chitown8]

09:15 PM on 01/25/2010

Because I think that Chaney gave the GOP all the goodies on the Dems.

[Karen Rau]

08:28 PM on 01/25/2010

This is soooo frustarting. Bush would have just used the recess appointment and we would be done. We don't want to make the Repugs angry.