WASHINGTON – Sen. Richard Lugar, R-Ind., said Tuesday he will support the nomination of an Indiana University law professor to head the Obama administrations internal law office.
He is the first Republican to publicly declare his backing for Dawn Johnsen, whose selection to head the Office of Legal Counsel has grown into a fight over abortion rights and counterterrorism practices.
Some Republicans have promised to try to block Johnsens confirmation either because of her support for abortion rights or because she criticized the legal justification used by the Bush administration for the torture of detainees.
Lugars support does not guarantee the Senate will confirm Johnsen. Sixty votes are needed to stave off a filibuster, and vote counters say they are aware of close to 60 yes votes for Johnsen, but they are not declaring victory. One Democrat – Nebraska Sen. Ben Nelson – has said he will vote against Johnsen. Pennsylvania Sen. Arlen Specter announced Tuesday he will switch parties and become a Democrat, but he said he will not drop his opposition to Johnsen.
Advocacy groups have turned Johnsens nomination into a high-profile tussle in Washington. On Tuesday morning, a group of 75 Hoosier law professors signed a letter asking Lugar to support Johnsen, who has taught at IU for 11 years. Before that she worked for five years in the Clinton Office of Legal Counsel.
Lugar has said that, barring something extraordinary, a president should be able to choose top aides even if they support policies that the opposition party opposes. He has also said that Congress should not require that as many posts be reviewed and voted on; about 500 positions require Senate confirmation.