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Professor faces Senate Judiciary Committee

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Indiana University Maurer School of Law - Bloomington professor Dawn Johnsen faced the U.S. Senate Judiciary Committee Wednesday as part of the nomination process to become the next assistant attorney general in the Office of Legal Counsel, the office that advises the president on legal matters.

Johnsen, who was introduced by Sen. Evan Bayh, D-Indiana, faced the senators along with David S. Kris, nominated to be assistant attorney general in the National Security Division.

Among the questions asked was how Johnsen's experience as acting assistant attorney general and as deputy assistant attorney general in the Office of Legal Counsel from 1993 to 1998 would apply now. Johnsen and the senators referenced "Principles to Guide the Office of Legal Counsel," written by Johnsen with the help of 19 former Office of Legal Counsel attorneys in late 2004 to reflect on the office's nonpartisan role.

While the Democrat senators who questioned Johnsen openly agreed with her political views, they were concerned that instead of serving as a neutral advisor to President Barack Obama, her opinions would lead to advice from the office to serve a particular, left-leaning agenda. Johnsen has written a number of academic papers criticizing the Bush Administration and was legal director of NARAL Pro-Choice America from 1988-1993.

Johnsen said her job would be strictly to uphold the rule of law.

The senators also asked her about her thoughts on confidential orders by the Office of Legal Counsel, including those issued during the Bush Administration.

Johnsen said the issue of transparency between the Office of Legal Counsel and Congress was a top priority for her, adding that if there were any conflicts between the office's interpretation of the law and Congress' interpretation of the law, she would prefer the two would come to an understanding before the Office of Legal Counsel would make a decision.

At the end of the hearing, Sen. Dianne Feinstein, D-California, said the record typically remains open for a week to accept further questions in writing. If Johnsen gets an affirmative vote from the committee, her nomination will move to the full Senate for a vote.

The two-hour hearing is available as a webcast using Real Player. Johnsen's completed questionnaire, letters of recommendation, and published works are also available on the committee's Web site.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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