Commentary Magazine


Topic: radical lawyer

Obama’s Thugocracy

The White House chests are puffed, and they are marveling at their political muscle. Health care can be rammed through, and Israel can be bullied — so what else to do? Ah, run roughshod over the Senate. The Hill reports:

President Barack Obama on Saturday wielded his recess appointment powers for the first time, clearing 15 nominees to assume posts that have remained vacant for months due to insurmountable congressional roadblocks.

Among the 15 named just days before the Senate departs for Easter recess are Craig Becker and Mark Pearce, the White House’s two, hotly contested nominees for the National Labor Relations Board.

Big Labor bosses will coo approvingly over the NLRB appointments. After all, the SEIU and AFL-CIO’s lawyer is now going to make labor law. Meanwhile, any pretense of bipartisanship or moderation has evaporated:

Senate GOP Leader Mitch McConnell (Ky.) condemned the administration’s move on Saturday, adding that Becker’s appointment “is yet another episode of [the president] choosing a partisan path despite bipartisan opposition.”

“The president previously held that appointing an individual in this manner meant that the nominee would have ‘less credibility,’ and that assessment certainly fits this nomination,” the GOP leader said. “This is a purely partisan move that will make a traditionally bipartisan labor board an unbalanced agenda-driven panel.”

The only surprise: the radical lawyer Dawn Johnsen was not named to the Office of Legal Counsel. Perhaps the Obami have had enough of the accusations that the Justice Department, far from depoliticizing, has become a hotbed of ideologues.

This is the reality of Obama — unbending, ideologically extreme, and contemptuous of the other branches. He has revealed himself to be precisely what liberals used to rail against — until they got the levers of power. The Chicago pols are certainly plying their trade.

The White House chests are puffed, and they are marveling at their political muscle. Health care can be rammed through, and Israel can be bullied — so what else to do? Ah, run roughshod over the Senate. The Hill reports:

President Barack Obama on Saturday wielded his recess appointment powers for the first time, clearing 15 nominees to assume posts that have remained vacant for months due to insurmountable congressional roadblocks.

Among the 15 named just days before the Senate departs for Easter recess are Craig Becker and Mark Pearce, the White House’s two, hotly contested nominees for the National Labor Relations Board.

Big Labor bosses will coo approvingly over the NLRB appointments. After all, the SEIU and AFL-CIO’s lawyer is now going to make labor law. Meanwhile, any pretense of bipartisanship or moderation has evaporated:

Senate GOP Leader Mitch McConnell (Ky.) condemned the administration’s move on Saturday, adding that Becker’s appointment “is yet another episode of [the president] choosing a partisan path despite bipartisan opposition.”

“The president previously held that appointing an individual in this manner meant that the nominee would have ‘less credibility,’ and that assessment certainly fits this nomination,” the GOP leader said. “This is a purely partisan move that will make a traditionally bipartisan labor board an unbalanced agenda-driven panel.”

The only surprise: the radical lawyer Dawn Johnsen was not named to the Office of Legal Counsel. Perhaps the Obami have had enough of the accusations that the Justice Department, far from depoliticizing, has become a hotbed of ideologues.

This is the reality of Obama — unbending, ideologically extreme, and contemptuous of the other branches. He has revealed himself to be precisely what liberals used to rail against — until they got the levers of power. The Chicago pols are certainly plying their trade.

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A Good Deal If. . .

Last night the Senate Republicans agreed to release holds on a number of Obama nominees: “The 27 confirmations mean no recess appointments will be needed during this break, top administration officials said. Recess appointments, which a president can make when Congress is not in session, are temporary and generally last to the end of the year.” Those confirmed are reportedly to be all noncontroversial, and do not include Dawn Johnsen (the radical lawyer proposed for the key role as the head of the Justice Department’s Office of Legal Counsel) or Harold Craig Becker (the National Labor Relations Board nominee who failed to survive a filibuster).

If this means that Obama will not exercise his recess appointment power to install Johnsen, Becker, and others, then this is a very good deal for conservatives. Moreover, it highlights just how unwise was Sen. Richard Shelby’s massive and indiscriminate hold on dozens and dozens of nominees. The proper role of the minority is not to obstruct willy-nilly but rather to exercise individual judgment in determining the qualifications, ethics, and potential biases of nominees. (Indeed, this is the obligation of the entire Senate, if those in the president’s party would refrain from elevating partisan loyalty above their constitutional obligation to provide advice and consent on presidential nominees.)

The arrival of Sen. Scott Brown has certainly had its impact. ObamaCare is grinding to a halt. If the president’s more extreme nominees can be shunted aside while permitting other, generally deserving nominees to assume their duties, then Republicans can rightly claim some credit. And more important, the country will be the better for it.

Last night the Senate Republicans agreed to release holds on a number of Obama nominees: “The 27 confirmations mean no recess appointments will be needed during this break, top administration officials said. Recess appointments, which a president can make when Congress is not in session, are temporary and generally last to the end of the year.” Those confirmed are reportedly to be all noncontroversial, and do not include Dawn Johnsen (the radical lawyer proposed for the key role as the head of the Justice Department’s Office of Legal Counsel) or Harold Craig Becker (the National Labor Relations Board nominee who failed to survive a filibuster).

If this means that Obama will not exercise his recess appointment power to install Johnsen, Becker, and others, then this is a very good deal for conservatives. Moreover, it highlights just how unwise was Sen. Richard Shelby’s massive and indiscriminate hold on dozens and dozens of nominees. The proper role of the minority is not to obstruct willy-nilly but rather to exercise individual judgment in determining the qualifications, ethics, and potential biases of nominees. (Indeed, this is the obligation of the entire Senate, if those in the president’s party would refrain from elevating partisan loyalty above their constitutional obligation to provide advice and consent on presidential nominees.)

The arrival of Sen. Scott Brown has certainly had its impact. ObamaCare is grinding to a halt. If the president’s more extreme nominees can be shunted aside while permitting other, generally deserving nominees to assume their duties, then Republicans can rightly claim some credit. And more important, the country will be the better for it.

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