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The fate of Department of Justice nominees– including Dawn Johnsen

Numerous previous posts have noted the failure of the Senate to confirm Dawn Johnsen as the Assistant Attorney General for the Office of Legal Counsel. As this session of Congress comes to an end, Main Justice reports:

President Barack Obama will need to re-nominate three nominees for top Justice Department posts if he wants the Senate to consider them again.

The Senate approved a unanimous consent request today to hold over several nominees for the second session of the 111th Congress, which begins in January.

But nominees to head three DOJ offices: Dawn Johnsen, for the Office of Legal Counsel, Mary L. Smith, for the Tax Division, and Christopher Schroeder, for the Office of Legal Policy, were returned to the White House before the Senate recessed for the holidays.

Johnsen, who was nominated in February, was approved by the Senate Judiciary Committee in March on a party line vote.

The Senate approved a unanimous consent request today to hold over several nominees for the second session of the 111th Congress, which begins in January.

But nominees to head three DOJ offices: Dawn Johnsen, for the Office of Legal Counsel, Mary L. Smith, for the Tax Division, and Christopher Schroeder, for the Office of Legal Policy, were returned to the White House before the Senate recessed for the holidays.

Johnsen, who was nominated in February, was approved by the Senate Judiciary Committee in March on a party line vote.

This is tragic. I do hope that the President re-nominates Johnsen, but we shall see. It is critical that we have an Assistant Attorney General in place.

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Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.