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President to renominate IU professor

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An Indiana University Maurer School of Law - Bloomington professor is expected to be renominated by President Barack Obama to head the Office of Legal Counsel after the Senate sent her nomination back to the White House in December.

While the president first announced he planned to nominate Dawn Johnsen Jan. 5, 2009, he formally nominated her Feb. 11, 2009. She addressed the Senate Judiciary Committee Feb. 25, 2009, and the committee approved her nomination 11-7 along party lines March 19, 2009. No progress was made since then, and because she wasn't confirmed by the full Senate by the end of the first year of its 2009-2010 session, the Senate sent her nomination back to the White House Dec. 24.

Hannah Buxbaum, executive associate dean for academic affairs and professor of law at the school, said she is confident Johnsen will be renominated and has "no reason to doubt the accuracy of those reports."

Requests for comment from the White House and Sen. Evan Bayh's office were not returned by IL Daily deadline.

"We feel she's eminently qualified for the position," Buxbaum said. "She's a leading constitutional law scholar, particularly on the topic of separation of powers and other topics related to the position. More importantly, she already served in the position."

Johnsen worked for the Office of Legal Counsel during the Clinton Administration from 1993 to 1998, including one year as acting assistant attorney general, 1997 to 1998. But conservative groups have focused more on her work before her position with the Office of Legal Counsel. Pro-life advocates have been publicly against her because of her position as legal director of NARAL Pro-Choice America from 1988 to 1993. She was also a staff counsel fellow for the American Civil Liberties Union's Reproductive Freedom Project in New York City from 1987 to 1988.

Conservative groups also disagree with her strong positions regarding the Office of Legal Counsel's actions during the administration of President George W. Bush. She, along with 18 others who formerly worked for the office, released the "Principles to Guide the Office of Legal Counsel" Dec. 21, 2004. The first principle stated: "When providing legal advice to guide contemplated executive branch action, OLC should provide an accurate and honest appraisal of applicable law, even if that advice will constrain the administration's pursuit of desired policies. The advocacy model of lawyering, in which lawyers craft merely plausible legal arguments to support their clients' desired actions, inadequately promotes the President's constitutional obligation to ensure the legality of executive action."

Buxbaum said she doesn't expect the nomination process will be immediate this time around and that Johnsen, who taught classes last semester, is scheduled to teach again this semester. Johnsen will commute from her home in Washington, D.C. While Johnsen can't talk about the nomination process while it is pending, Buxbaum said the two recently have been in touch about Johnsen's duties for the law school, and she and others at the law school plan to continue to keep an eye on the nomination process.

"We are delighted to hear the president is planning to renominate her, and we look forward to her confirmation," Buxbaum said.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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