In addition to the brilliant selections of Dawn Johnsen and David Barron, Marty Lederman of Georgetown Law School has been nominated to be Deputy Assistant Attorney General in the Office of Legal Counsel by President Obama.
From the moment Barack Obama was elected I was rooting for Lederman to be named head of the OLC, where he once worked and about which he has written and spoken so passionately over the last few years in regard to how that vital agency had failed in its role as a safeguard against overreaching executive powers.
But I was thrilled the selections of Johnsen and Barron and now even more pleased that Lederman will be joining them in the important task of restoring the OLC to its proper function. Like Johnsen and Barron, Lederman has been an outspoken and eloquent critic of the Bush administration’s persistent attempts to expand executive power beyond its constitutional limits.
The selection of these three people to lead the resurrection of the OLC is a clear indication that Obama intends to roll back that power grab and return the OLC to the role of objective adviser rather than an agency of legal rationalization to defend the president’s desires.