In his ‘Lawyer’s Lawyer, Radical’s Radical’ commentary today for the National Review, Andrew McCarthy writes of Office of Legal Council nominee Dawn Johnsen. She would inform President Barack Obama and all the other administration policymakers of what the law is. In the excerpt below, I skip past his opening yet please, after reading this, go read the whole thing:
Johnsen’s other bête noire is national security — at least to the extent it involves detaining terrorists and enemy combatants as military opponents rather trying them as civilian criminal defendants. Her 2008 academic article “What’s a President to Do? Interpreting the Constitution in the Wake of Bush Administration Abuses” gathers the Left’s full array of anti-war tropes and disguises them as legal analysis. There is the determination to ignore the terrorist attacks of the 1990s, such that the War on Terror is presented as something President Bush started after 9/11 rather than a years-long jihadist provocation to which the United States finally responded after 9/11. This framework would make it impossible to prosecute as war crimes such pre-9/11 atrocities as the bombings of the USS Cole and the embassies in East Africa. Johnsen further denigrates as an “extreme and implausible Commander-in-Chief theory” Bush’s rationale for warrantless surveillance of suspected al-Qaeda communications into and out of the United States. In fact, the practice was strongly supported by federal court precedent and has since been reaffirmed by the appellate court Congress created specifically to consider such issues. And Johnsen has recently written that the new administration “should order an immediate review to determine which detainees should be released and which transferred to secure facilities in the United States” for civilian trials.
——
Editor — The term bête noire (French for dark beast) is used to refer to an object or abstract idea that causes fear or has the potential to cause significant harm.