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Law professor not named as recess appointment

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A Bloomington law professor tapped for a leading Department of Justice job wasn't among those included in recess appointments during the weekend by President Barack Obama, but the administration hopes that she'll soon be considered for a full Senate vote.

On Saturday, the White House named 15 individuals by recess appointment, which allows the president to circumvent the full Senate confirmation process typically required and fill a position temporarily until the end of the Congressional session or until a vote happens.

"The United States Senate has the responsibility to approve or disapprove of my nominees" to administration posts, Obama said in a written statement that also named the 15 individuals. "But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis. I simply cannot allow partisan politics to stand in the way of the basic functioning of government."

Not on that list was Dawn Johnsen, the Indiana University Maurer School of Law - Bloomington professor who's become a controversial nominee chosen to lead the Office of Legal Counsel. The president first nominated her in February 2009, but after getting a partisan support from the Senate Judiciary Committee her nomination languished and eventually died without a vote by the full Senate. Her nomination was resubmitted in January, and a second partisan vote in early March sent her name to the full Senate for consideration. The Senate didn't schedule her for a vote before going on its two-week recess at the end of last week.

While not included on the recess appointment list, a White House official who spoke on the condition of anonymity said future recess appointments could be possible if the Senate doesn't move more quickly once it returns April 12.

"Of the 77 people on the calendar, we are only recess appointing 15, and there are a number of qualified individuals the president has nominated that do not fall in this group," the official wrote in an e-mail to Indiana Lawyer. "If the Republicans do not end their campaign of obstruction, the president reserves the option of exerting his authority to recess appoint qualified individuals in the future, but our hope is that we can move beyond the partisan politics that have held up the process for the last 15 months for the good of the American people."

Johnsen served as acting assistant attorney general in the OLC during the Clinton administration. But she has drawn Republican opposition because of her criticisms of the OLC during George W. Bush's administration and generally because of her positions on terrorism, executive power, and abortion issues. She's received opposition from pro-life organizations for her work with NARAL Pro-Choice America from 1988 to 1993.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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