As I reported on Monday, DOJ lost not only John Yoo and Patrick Philbin’s emails from the period when they were writing the Bybee Memos. It also lost at least 10 documents on torture, a number of them that went into the development of the torture memos. We first learned these documents had disappeared from [...]

You would think confirming Dawn Johnsen would be a priority for the Obama White House, but clearly you would be wrong. What is even more startling is, given the heavy exposure of the problems in the OLC, and inability of OPR to regulate it, the last few days that no one in the press and media are asking the Obama White House why they have so hung their own nominee out to dry.

The first, and most obvious, issue of conflict with OPR is that it places evaluation and resolution of ethical complaints against DOJ attorneys in the hands of the DOJ. The power to determine whether there is any impropriety is solely within the hands of those supervising and/or ultimately responsible for the impropriety. It is a process ripe with conflict and cronyism that protects DOJ malfeasants at the expense of the public interest and well being.

The failure of the Obama Administration to support the Dawn Johnsen nomination, a far less than good faith effort that finally resulted in Johnsen’s nomination being killed by operation of Senate Rule, was not due to a lack of 60 votes for cloture on the nomination, but instead was to permit the abuse of the OLC, just as the Bush Administration before them, in order to cover up governmental illegality.

The scope of DOJ’s IG report on torture says as much as the rest of the conclusion: when DOJ appealed to the National Security Council to resolve the problems created by CIA’s and DOD’s use of torture, those appeals went nowhere.

After folks noted this footnote from Steven Aftergood’s request that the Office of Professional Responsibility look into the Pixie Dust* surrounding Executive Order 13292 and Dick Cheney’s claims to be a Fourth Branch…

2 A copy of the OLC letter is attached, and may also be found online here: http://www.fas.org/sgp/isoo/olc072007.pdf . The July 20, 2007 letter did not become public until December 11, 2007 when it was published by Marcy Wheeler on

Steven Aftergood takes on the Pixie Dust ruling that says Cheney gets to follow the same rules as the President for classified information. Aftergood demands a ruling from DOJ on the underlying issue.