Obama Names Former Clinton Officials, Including Bush Critic, To Justice Dept. Posts

January 6, 2009 9:36 a.m. EST

Washington, D.C. (AHN) - President-elect Barack Obama announced his choice for senior posts, including the number two spot, at the Justice Department on Monday. The appointments, according to pundits, signal a break from the Bush administration's anti-terror policies.

David Ogden, who heads the presidential transition team's agency review of the Justice Department, was named deputy attorney general. He served as assistant attorney general of the Justice Department's civil division under the Clinton administration, and is currently a partner at Wilmer Cutler Pickering Hale and Dorr.

Elena Kagan, dean of Harvard Law School, has been tapped to be the first woman solicitor general. She was a professor at the University of Chicago Law School the same time Obama also taught constitutional law at the university. The 48-year-old Kagan, who served in the White House as associate counsel to the president and then as deputy director of the Domestic Policy Council under the Clinton administration, will have as her main task as solicitor general arguing for the government before the U.S. Supreme Court.

The President-elect also appointed Dawn Johnsen, a critic of the Bush administration's interrogation policies, as assistant attorney general for the Office of Legal Counsel, the very office that has come under controversy for issuing what have been dubbed as "torture memos."

Johnsen, who is currently a professor at Indiana University School of Law-Bloomington, recently published two articles entitled, "Faithfully Executing the Laws: Internal Legal Constraints on Executive Power" and "What's a President to Do? Interpreting the Constitution in the Wake of the Bush Administration's Abuses." She also served under the Clinton administration as acting head of the office of legal counsel.

Tom Perrelli, who served as counsel to former Attorney General Janet Reno, was chosen as associate attorney general. A managing partner of Jenner & Block's Washington, D.C. office, Perrelli is a recognized as one of the nation's leading media and entertainment lawyers. He graduated from Harvard Law School, magna cum laude, in 1991, where he was managing editor of the Harvard Law Review.

"These individuals bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times," Obama said in a statement. "I have the fullest confidence that they will ensure that the Department of Justice once again fulfills its highest purpose: to uphold the Constitution and protect the American people. I look forward to working with them in the months and years ahead."

All four appointments have to be confirmed by the Senate. Many conservatives have expressed opposition to the nominations, especially of Johnsen.

Tom Fitton, president of Judicial Watch, a conservative group, is quoted by the Legal Times as saying, "The nominations further the perception that we're heading into a third Clinton administration. Anyone out of that Justice Department needs to be seriously, thoroughly examined."

Rep. Lamar Smith (R-TX) told the Wall Street Journal Johnsen's appointment "raises significant concerns considering her position on the intelligence community's ability to conduct interrogations and gather critical, time-sensitive intelligence to prevent terrorist attacks."

But Sen. Patrick Leahy (D-VT), who as chair of the Senate Jucidiary Committee held several hearings on the administration's treatment of terror suspects, said in a statement he was "encouraged" by the nominations and believe they will be a "strong team" to help incoming Attorney General Eric Holder "right the ship."

"The need to have the new leadership team at the Department up and running without delay could not be greater in light of the Department's vital missions and the unprecedented politicization that has weakened morale throughout the Department and dealt a blow to the country's confidence in the nation's top law enforcement agency. The new Attorney General, the Department, and the nation will be well-served by this leadership team," Leahy added.