Legal Nominations

  • January 31, 2011

    President Barack Obama has nominated two highly qualified individuals to serve in key executive branch legal positions, and "policy disagreements with the president" are not cause for denying him his selections, The Washington Post editorial board writes.

    The editorial praises the accomplishments of Sidley Austin partner Virginia A. Seitz (pictured), nominated to lead the Office of Legal Counsel, and White House Deputy Counsel Donald B. Verrilli Jr., nominated to become solicitor general.

    "The Senate has an opportunity - and a responsibility - to prove that the confirmation experience of Dawn E. Johnsen was an aberration," the editorial states.

    Johnsen, an ACS Board Member, was the previous nominee to head the Office of Legal Counsel, but she withdrew her nomination after 14 months of Republican obstruction, "in large part because Ms. Johnsen had criticized the Bush administration's detention and interrogation policies," the editorial states. "Now some conservatives are grumbling about President Obama's new OLC nominee - because she apparently has no publicly enunciated views on national security issues. Neat trick."

    The editorial continues:

    Their protestations, in any case, miss the mark. Policy disagreements with the president should not be used to deny him his choice of executive branch personnel. These appointees, who do not enjoy life tenure, are meant to carry out the president's prerogatives. Every nominee should get an up-or-down vote. And except for disqualifying ethical or legal lapses or views so extreme as to be far afield from the mainstream, the president should get his picks.

    Verrilli, a frequent ACS event participant, has argued many cases before the Supreme Court, and is known for "bringing passion to his pro bono work," according to a profile by The National Law Journal.

    Seitz, also a frequent ACS participant, is amassing a "small Republican 'fan club' " of lawyers at her firm and others who admire the quality of her work, The Blog of Legal Times recently reported.

  • December 23, 2010

    Following significant pressure to confirm Deputy Attorney General nominee James Cole during the lame-duck session, the Senate failed to take a vote on his confirmation before adjourning, "underscoring how intense political polarization in the Senate is now gumming up even nominations that typically glide through on the fast track," Main Justice reports.

    Cole (pictured), a partner at Bryan Cave in Washington, D.C., would now have to be re-nominated by President Obama to be considered by the new Congress. He has waited longer than anyone over the last 30 years to be confirmed to the Department of Justice's number two position, The Huffington Post reports.

    "Cole's nomination has been supported by a bipartisan group of former deputy attorneys general, the National Association of Criminal Defense Lawyers and National District Attorneys Association and the heads of the American Bar Association's criminal division, offered their ‘unqualified, enthusiastic support,' " The Huffington Post adds.

    University of North Carolina law professor Michael Gerhardt lamented the Senate's failure to take action on such fundamental confirmations.

    "As Senator Leahy and several media reports have indicated, President Obama's judicial nominations, as well as nominees for key government positions, including Deputy Attorney General, have faced historic levels of opposition," Gerhardt said. "The obstructions of these nominations impede the functioning of both the courts and the Justice Department. The American people deserve better from the confirmation process."

  • April 27, 2009

    While most Americans support prosecuting those reponsible for torture, as the 100-day mark of Barack Obama's presidency Congress may seek to shift its focus from torture to the budget and the domestic agenda. However, with reports emerging that the White House is to release even more torture memos written by Bush appointees at the Justice Department, the issue of whether to prosecute former officials -- or whether to impeach sitting Ninth Circuit Judge Jay Bybee -- may continue to bear headlines.

    IN the HOUSE