In a post yesterday on Powerline, Paul Mirengoff argued that the Senate should reject the nomination of Dawn Johnsen to head the Office of Legal Counsel. Even though his post was full of errors, some bloggers seem to regard it as credible. So, a point-by-point correction is in order.
- Mirengoff argues that “There is strong reason to believe that Dawn Johnsen will consistently err on the side of protecting terrorists and denying the president the power to protect the nation. This fear is not based solely on her blogging; it also stems from her law review articles and, to a lesser extent, statements she has made or declined to make during the confirmation process.”
In fact, Johnsen has urged critics of the Bush Administration to be careful and focused, cautioning them not to let their disagreement with Administration policies lead them to a weak view of executive authority. “Regardless of who proves correct about the general post-Bush direction of presidential power,” she has written, “there is some risk that reactions to the Bush experience—public sentiment, political considerations, or mistaken constitutional understandings—might distort criticism and harm legitimate and valuable executive powers. Commentators certainly should not mute their principled criticism, but they should avoid imprecise and over-generalized reactions that might undermine the ability of future Presidents to exercise legitimate authorities.” 88 Boston U. Law Review 395, 398 (2008). (more…)