Senate Judiciary Committee Scheduled To Consider Johnsen Nomination For DOJ Office Of Legal Counsel

Senate Judiciary Committee Chair Patrick Leahy (D-Vt.) has placed the nomination of Dawn Johnsen for assistant attorney general at the Department of Justice's Office of Legal Counsel on the panel's agenda for a Jan. 28 markup, going against Republican requests for a second confirmation hearing, CQ Today reports. The committee approved the nomination on a party-line vote in March 2009, but President Obama was forced to resubmit Johnsen after the full Senate failed to take up the nomination by the end of last year.

In a Jan. 13 letter to Leahy, the seven Republicans on the committee requested a second confirmation hearing, arguing that they "believe many unanswered questions remain" regarding Johnsen's ability to lead OLC, which provides legal advice to the executive branch. In a letter to committee ranking Republican Jeff Sessions (Ala.), Leahy said that he supports Johnsen and that "if there are senators who disagree, they can vote against her nomination and should make clear their reasons." Johnsen has the support of Republican Sen. Richard Lugar, who represents her home state of Indiana (Perine, CQ Today, 1/25). Senate Judiciary Committee member Arlen Specter (D-Pa.) announced in a Jan. 12 statement that he would back her after the two held a "second extensive meeting" (Women's Health Policy Report, 1/25).

Leahy also wrote that he believes another hearing is unnecessary, although he stopped short of rejecting the idea. According to CQ Today, this "leaves room for the two sides to strike a deal," such as allowing a second confirmation hearing in exchange for a Republican guarantee to allow a Senate floor vote on Johnsen's nomination. Such a deal appears unlikely, however, and Republicans are expected to use the committee's rules to delay a panel vote on the nomination for a week (CQ Today, 1/25).


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