Let me go in the wayback machine to January 20, 2009, and the announcement of Marty Lederman joining the Administration in the Office of Legal Counsel:
Lederman, another former Clinton Office of Legal Counsel lawyer, is perhaps the most prominent of several high-profile opponents of the Bush Administration’s executive power claims joining Obama, a mark that he intends not just to change but to aggressively reverse Bush’s moves on subjects like torture. With hires like Barron, Johnsen, and Lederman, Obama is not just going back to Democratic lawyers: These are anti-Bush lawyers.
Lederman has been, in particular, an early and vocal critic of torture, and has suggested Bush Administration officials have committed specific crimes in that regard.
(Dawn) Johnsen, we now know, was never confirmed to OLC. David Barron, the acting head of OLC, left the Administration to go back to Harvard. And now we learn that Lederman is leaving as well. Every single one of the lawyers who made up the President’s excellent team of appointments at the DoJ will be leaving. Johnsen was supposed to be the head of OLC, Barron #2, and Lederman specifically in John Yoo’s former position. They’re all gone now.
As you probably know, the Office of Legal Counsel is basically the Supreme Court inside the executive branch, providing legal opinions for the Administration on what they can and cannot do. It was legitimately good news at the time when that office was being staffed with people vocally opposed to torture. It’s legitimately depressing news that they have all been either blocked from their jobs or left them on their own accord. It signals a dark time in American history for the rule of law.
As we see in the Washington Post the building of a massive, hidden Security State beyond the control of regulators, politicians, or even the superiors who supposedly manage it, we see precisely the type of people who would be in a position to rein in some of its worst practices quietly exit the scene.
Maybe OLC can get outsourced to the private sector now, too.




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I wanna outsource Barry to the Moon.
Say buh-bye Baywee.
Along with this Obama has never even named a CIA Inspector General.
The Supreme Court analogy doesn’t bear close examination. The OLC are basically legal advisers to the Executive branch. Legal council to the VP in the last administration basically used the OLC to validate Dick Cheney’s agenda items of transferring absolute power to the president. This arbitrary use of the OLC was an instance of exercising absolute power, save for the fact that some at OLC didn’t hew to the line drawn by David Addington.
I wonder if Lederman and Barron were forced out or if they left in disgust….
It is bad either way.
They must have been forced out, they’re not quitters.
“As you probably know, the Office of Legal Counsel is basically the Supreme Court inside the executive branch, providing legal opinions for the Administration on what they can and cannot do. It was legitimately good news at the time when that office was being staffed with people vocally opposed to torture. It’s legitimately depressing news that they have all been either blocked from their jobs or left them on their own accord. It signals a dark time in American history for the rule of law.”
No accountability for very serious crimes committed during the Bush administration. Just “move forward, next chapter, turn the page, don’t be about vengeance, retribution, witch hunts” Just wait for congress and our MSM to take your attention to the next lies about blowjobs story. Forget about those intelligence snowjobs that resulted in hundreds of thousands dead, injured and millions displaced. Just forget about U.s. soldiers being sent to Iraq based on a pack of lies and some of them paying for this with their lives and serious injuries. Just forget about torture defined by Yoo, Addington and the rest as ‘enhanced interrogation techniques” Just move on until congress gets concerned about the next BJ
They may have left on their own accord seeing how the Obama Admin. wants to continue the Bush policies.
Obama has continued and expanded most of the excesses of the Bush Administration. To do that, he needs an impotent OLC. So much for a return to the rule of law. Just so much more change that is more of the same, more not to believe in.
Dream Team at OLC? Seriously?
When did this happen? C’mon Dave, the “Dream Team” has been enabling the expansion of Executive powers since Jan. 2009. If these “Dream Teamers” had any morals and ethics, they would’ve resigned by, oh appx. March 2009.
At this point I don’t think you can put the genie back in the bottle.
I think Obama had a chance if he would have acted swiftly and decisively.
I hear Berto is still looking for work.
It’s already been moved inside the White House; an OLC inside the DoJ would be superfluous, and ignored.
Jane has a fresh cross-post already in progress: SurveyUSA Poll: Perriello Down 23 Points From GOP Rival After Health Care Vote
I’D LEAVE A LYING HYPOCRITICAL ADMINISTRATION WHICH SOLD OUT IT’S SUPPORTERS TOO, BEFORE I GOT TOO STAINED……..
The center-righter just keeps dis-appointing good people. Way early, but Quinnepac now has him down by 3 against any Repub in 2012.
Good gods!
Thanks for the post; very interesting. Speculation is just that: speculation. But I have no confidence that anything approaching justice will be followed by this Admin, which is just Bush III.
Don’t know that much about these attorneys – their abilities, morals, sense of the rule of law. Whether they left in disgust or were kicked out… well, good luck to them. Other than that, it probably doesn’t matter that much at this point, does it? It’s clear what BHO is going to do and how he chooses to run things. If the OLC attorneys aren’t up to the “task” as BHO assigns, well, then BHO will get someone who will follow his orders. The end.
Maybe bmaz can put together an FDL Legal Eagles team to get this contract.
As I keep telling people:
Obama promised change.
Except for some cosmetic things, he’s not changing anything.
That’s the change! (In a zen kinda sense, I think.)
Merely tweaking at the edges and then trying to convince the public how great the “change” is. He’s noting more than a snake oil salesman.
I don’t see why that should be necessary. Why doesn’t Holder just transfer the duties of OLC to David Margolis? That way they can leave the troublesome office vacant and insure the appropriate outcomes.
It’s time to identify some potential Progressive options to support in ’12, and get them active in an alternative party. The Republicans are the problem, and the Democrats are now the problem too!
“Will no one rid me of this troublesome office?”
I’ll have what you’re having.
So the question is: Was it a head-fake by Obama to appoint Johnsen, Barron, and Lederman, or did something happen in the next month or so to send Obama’s DOJ over to the dark side?
Two good ones in a row! You’re on a roll.
What’s it going to be…Bette Davis or Groucho Marx?