Ben Nelson isn't holding up Dawn Johnsen

by: Chris Bowers

Fri Jan 08, 2010 at 17:15


Yesterday, it was learned that Dawn Johnsen, a sharp critic of Bush administration torture policies, renominated for Assistant Attorney General by the White House.  Johnsen's nomination had expired at the end of 2009 without a vote on the Senate floor.

Why did Johnson's nomination stall?  In a recommended diary at Daily Kos, Turkana points to Senator Ben Nelson's objection.   However, that doesn't add up.  Unless something has changed, the whip count on Johnsen's nomination points squarely at Arlen Specter denying the nomination:

For several weeks--while torture revelations have dominated headlines and with the scandal still very much alive--Dawn Johnsen has been waiting. She's Obama's pick to head the Office of Legal Counsel--the same Justice Department shop that famously blessed Bush-era interrogation policies--and her strong stance on that issue has united Republicans against her. But that's not her biggest problem. Her biggest problem is that Harry Reid has not been able to muster enough Democrats to overcome a filibuster threat.

Here are the numbers as they stand right now:

Votes Against Johnsen: 37 Republicans

Votes for Johnsen: 57 Democrats plus Indiana Republican Richard Lugar

Undecideds: Republicans Olypmia Snowe and Susan Collins and Democrats Arlen Specter and Ben Nelson

Since that whip count on May 15th, Al Franken has joined the Senate, making 59 votes for Johnsen.  As such, the only thing it would take to confirm Johnsen--who is committed to overturning the Bush administration's policies on torture--would be one vote from Collins, Nelson, Snowe or Specter.

Nelson isn't going to vote for Johnsen.  Collins and Snowe are Republicans, and thus face a lot pressure to vote against her.  That points the finger at Specter.

On April 28th, 2009, the day Specter switched parties in a self-described attempt to win re-election, he said that he opposed Dawn Johnsen's confirmation.  Now, Specter has flipped on a lot of issues since that day, but Johnsen remains unconfirmed, and Specter has not said he would vote for cloture on her nomination.  Keep in mind that Arlen Specter voted for the Military Commissions Act after making this classic statement on the floor of the Senate:

Arlen Specter is one of the worst, most soul-less, most belief-free individuals in politics.  The moment most vividly illustrating what Specter is:  prior to the vote on the Military Commissions Act of 2006, he went to the floor of the Senate and said what the bill "seeks to do is set back basic rights by some 900 years" and is "patently unconstitutional on its face."  He then proceeded to vote YES on the bill's passage.

Specter also voted against outlawing waterboarding.  If there is a reason other than Arlen Specter that Dawn Johnsen hasn't been confirmed, that reason has not presented itself.

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Chris Bowers :: Ben Nelson isn't holding up Dawn Johnsen

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Nelson says he'll vote against her on the merits (0.00 / 0)
But the piece you link to says that he might still vote yes on cloture.

Don't get me wrong--Nelson should support Johnsen's nomination 100%, but it's one thing to vote against her confirmation and another thing entirely to refuse her an up or down vote.

Still, the vote on Dawn Johnsen will be a good way to separate the sheep from the goats (or maybe the Dems from the DINOs.)

http://twitter.com/DrewCourt


While Specter is surely to blame ... (4.00 / 2)
blame also lays on "Spineless" Harry Reid ... there are nominees for Treasury(as Sirota pointed out on Twitter) that John Kyl is blocking .. and which Reid won't move .. yet I'll bet he moves Bernanke's nomination forward .. so what does that tell you?

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