Dawn Johnsen
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Dawn Elizabeth Johnsen (born August 14, 1961) is an American lawyer and the Walter W. Foskett Professor of
Constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in ...
, on the faculty at Maurer School of Law at
Indiana University Indiana University (IU) is a state university system, system of Public university, public universities in the U.S. state of Indiana. The system has two core campuses, five regional campuses, and two regional centers under the administration o ...
in
Bloomington, Indiana Bloomington is a city in Monroe County, Indiana, United States, and its county seat. The population was 79,168 at the 2020 United States census, 2020 census. It is the List of municipalities in Indiana, seventh-most populous city in Indiana and ...
. She previously served in the
Biden administration Joe Biden's tenure as the List of presidents of the United States, 46th president of the United States began with Inauguration of Joe Biden, his inauguration on January 20, 2021, and ended on January 20, 2025. Biden, a member of the Democr ...
as Acting Attorney General at the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
, having been appointed on January 20, 2021, by President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
, to return to the role she previously held in the
Clinton administration Bill Clinton's tenure as the 42nd president of the United States began with his first inauguration on January 20, 1993, and ended on January 20, 2001. Clinton, a Democrat from Arkansas, took office following his victory over Republican in ...
. She was succeeded in that role in a permanent capacity by Christopher H. Schroeder, and is currently serving as the Principal Deputy Assistant Attorney General in the same office. Johnsen worked at the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
in the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
from 1993 to 1998 and served as acting Assistant Attorney General from 1997 to 1998; she was twice nominated to the post in the
Obama administration Barack Obama's tenure as the 44th president of the United States began with his first inauguration on January 20, 2009, and ended on January 20, 2017. Obama, a Democrat from Illinois, took office following his victory over Republican nomine ...
.Dawn Johnsen Faculty Profile
, Indiana University website bio
Johnsen's first nomination was approved by the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
in March 2009 in a party line vote, but was not acted on by the full
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
before it recessed at the end of 2009. Obama then renominated her to the post on January 20, 2010, but on April 9, 2010, Johnsen withdrew her name from consideration."AP Sources: Obama Pick for Justice Post Withdraws"
AP via ''The New York Times'', Friday, April 9, 2010 5:27 p.m. ET. Retrieved 2010-04-09.


Early life and education

Born in
Manhasset, New York Manhasset is an affluent Hamlet (New York), hamlet and census-designated place (CDP) in Nassau County, New York, Nassau County, on the North Shore (Long Island), North Shore of Long Island, in New York (state), New York, United States. It is co ...
, Johnsen attended
Carle Place High School Carle Place Middle/High School is a six-year comprehensive State school, public High school (North America), high school located in the Hamlet (New York), hamlet of Carle Place in the North Hempstead, New York, Town of North Hempstead, Nassau C ...
in
Carle Place, New York Carle Place (also known historically as Frog Hollow and Mineola Park) is a hamlet and census-designated place (CDP) in the Town of North Hempstead in Nassau County, on Long Island, in New York, United States. The CDP's population was 5,005 at t ...
, graduating in 1979 as its
salutatorian Salutatorian is an academic title given in Armenia, the Philippines, Canada, Afghanistan and the United States to the second-highest-ranked graduate of the entire graduating class of a specific discipline. Only the valedictorian is ranked higher. ...
. She received her
B.A. A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts degree ...
''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sout ...
'' in economics and political science at
Yale College Yale College is the undergraduate college of Yale University. Founded in 1701, it is the original school of the university. Although other Yale schools were founded as early as 1810, all of Yale was officially known as Yale College until 1887, ...
in 1983 and her J.D. at
Yale Law School Yale Law School (YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824. The 2020–21 acceptance rate was 4%, the lowest of any law school in the United ...
in 1986, where she served as an Articles Editor of the ''
Yale Law Journal ''The Yale Law Journal'' (YLJ) is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School. The journal is one ...
''. After graduating law school, Johnsen clerked for United States Appeals Court Judge
Richard Dickson Cudahy Richard Dickson Cudahy (February 2, 1926 – September 22, 2015) was an American business executive, law professor, and United States circuit judge of the United States Court of Appeals for the Seventh Circuit. Education and career Born in Milw ...
of the
United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. United States federal court, federal court with appellate jurisdiction over the United States district court, courts in the following United Stat ...
from September 1986 until August 1987.


Professional career

Johnsen worked for the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
as a staff counsel fellow on a one-year fellowship from 1987 until 1988, and then worked for the National Abortion & Reproductive Rights Action League (currently
NARAL Pro-Choice America Reproductive Freedom for All, formerly NARAL Pro-Choice America and commonly known as simply NARAL ( ), is a non-profit 501(c)(4) organization in the United States that engages in lobbying, politics, political action, and advocacy efforts to op ...
) from 1988 until 1993. From 1993 to 1998, Johnsen worked in the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
. She was a Deputy Assistant Attorney General from 1993 until 1996, and served as Acting Assistant Attorney General heading the OLC from 1997 until 1998. Johnsen joined the Indiana University faculty in 1998 upon leaving government service. She teaches Constitutional Law, the First Amendment, and Seminars in the Separation of Powers and Sexuality, Reproduction and the Constitution. Johnsen is a member of the national boards of the
American Constitution Society for Law and Policy American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, ...
and the
Guttmacher Institute The Guttmacher Institute is a research and policy NGO that aims to improve sexual health and expand reproductive rights worldwide. The organization was started in 1968 as part of Planned Parenthood; it became independent from Planned Parenthood ...
. In November 2020, Johnsen was named a volunteer member of the Joe Biden presidential transition Agency Review Team to support transition efforts related to the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
.


Nominations to Assistant Attorney General


2009 nomination

As
President-Elect An ''officer-elect'' is a person who has been elected to a position but has not yet been installed. Notably, a president who has been elected but not yet installed would be referred to as a ''president-elect'' (e.g. president-elect of the Un ...
, Obama announced his intention to nominate Johnsen to head the
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the atto ...
in the
United States Department of Justice The United States Department of Justice (DOJ), also known as the Justice Department, is a United States federal executive departments, federal executive department of the U.S. government that oversees the domestic enforcement of Law of the Unite ...
. Her nomination was approved by the Judiciary Committee on a party-line vote and sent to the full Senate on March 19, 2009. In December 2009, Senator
Patrick Leahy Patrick Joseph Leahy ( ; born March 31, 1940) is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party (United States), Democratic Party, he also was the pr ...
, the Chair of the Judiciary Committee, called on the Senate to approve Johnsen and several other nominees, and denounced the "unprecedented delays in the consideration of qualified and noncontroversial nominations".
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
agreed, editorializing that the treatment of Johnsen's nomination was a "travesty" and adding: "Ms. Johnsen is highly qualified and should be confirmed. At the very least, senators should have the decency to give her an up-or-down vote." Nevertheless, the Senate did not act on the nomination before it ended its 2009 session. As a result, the nomination was sent back to the
White House The White House is the official residence and workplace of the president of the United States. Located at 1600 Pennsylvania Avenue Northwest (Washington, D.C.), NW in Washington, D.C., it has served as the residence of every U.S. president ...
, leaving Obama to decide whether to renominate Johnsen. Obama also had the option of making a
recess appointment In the United States, a recess appointment is an appointment by the President of the United States, president of a Officer of the United States, federal official when the United States Senate, U.S. Senate is in Recess (motion), recess. Under the ...
, which would have enabled Johnsen to fill the post until the end of the 2010 session of the Senate.


Support

On April 16, 2009, Johnsen's nomination was endorsed by the Society of American Law Teachers, which described her as "an expert on Constitutional Law with an impressive resume of scholarship that illustrates the depth of her understanding of American jurisprudence." After
Arlen Specter Arlen Specter (February 12, 1930 – October 14, 2012) was an American lawyer, author and politician who served as a United States Senator from Pennsylvania from 1981 to 2011. Specter was a Democrat from 1951 to 1965, then a Republican fr ...
switched to the Democratic Party, Representative
Joe Sestak Joseph Ambrose Sestak Jr. (born December 12, 1951) is an American politician and retired U.S. Navy officer. He represented in the U.S. House of Representatives from 2007 to 2011 and was the Democratic nominee for the United States Senate in 2 ...
announced that he would challenge Specter in the Democratic
primary Primary or primaries may refer to: Arts, entertainment, and media Music Groups and labels * Primary (band), from Australia * Primary (musician), hip hop musician and record producer from South Korea * Primary Music, Israeli record label Work ...
in 2010. In January 2010, Sestak criticized Specter for his role in blocking Johnsen's nomination. Shortly thereafter, Specter announced that he would vote to confirm Johnsen. By some counts, therefore, Johnsen's nomination may have had the 60 votes needed to overcome the threatened Republican filibuster, although the special election of Republican
Scott Brown Scott Brown may refer to: Sportsmen *Scott Brown (American football), American college football coach of Kentucky State *Scott Brown (baseball) (born 1956), former Major League Baseball pitcher for the Cincinnati Reds *Scott Brown (footballer, born ...
to be Massachusetts' junior senator might have complicated that.


Opposition

The nomination encountered opposition from Republican senators who cited Johnsen's criticisms of the OLC during the administration of President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
. ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' reported that she had criticized OLC memoranda that said the president could largely ignore international treaties and Congress in fighting terrorists and that critics have portrayed as allowing torture in interrogation, and criticized the legal theories behind the OLC's position in detail The broad reading of presidential authority was “outlandish,” and the constitutional arguments were “shockingly flawed,” Ms. Johnsen had written. While her language was harsh, it was also accurate, as the memos have largely been withdrawn, and among lawyers a consensus agreeing with her views has emerged. One Republican member of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
, Senator
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician, attorney, and former jurist serving as the Seniority in the United States Senate, senior United States Senate, United States senator from Texas, a seat he has held since 2002. ...
, said that Johnsen did not have the “requisite seriousness” for the post. A Democratic member of the committee, Senator
Sheldon Whitehouse Sheldon Whitehouse (born October 20, 1955) is an American lawyer and politician serving since 2007 as the junior United States senator from Rhode Island. A member of the Democratic Party, he served from 1993 to 1998 as the United States Att ...
, called such attacks hypocritical in light of Republicans' silence about the OLC during the Bush administration: "Where were you when those incompetent, ideological opinions were being issued?" As of May 2009, there were believed to be 37 Republican senators (out of 40) who would vote against confirming Johnsen. Her nomination was endorsed by Senator
Richard Lugar Richard Green Lugar ( ; April 4, 1932 – April 28, 2019) was an American politician who served as a United States Senate, United States Senator from Indiana from 1977 to 2013. He was a member of the Republican Party (United States), Republ ...
, a senior Republican from Johnsen's state of
Indiana Indiana ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Michigan to the northwest, Michigan to the north and northeast, Ohio to the east, the Ohio River and Kentucky to the s ...
. The remaining two Republicans, Senators
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of ...
and
Olympia Snowe Olympia Jean Snowe (; born February 21, 1947) is an American businesswoman and politician who was a United States Senate, United States Senator, representing Maine for three terms from 1995 to 2013. A lifelong member of the Republican Party (Unit ...
of
Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...
, have not announced their positions. One other Democrat, Senator
Ben Nelson Earl Benjamin Nelson (born May 17, 1941) is an American attorney, businessman, and politician who served as the 37th governor of Nebraska from 1991 to 1999 and as a United States Senator from Nebraska from 2001 to 2013. He is a member of the D ...
of
Nebraska Nebraska ( ) is a landlocked U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Ka ...
, joined Specter in expressing opposition to the nomination, but neither Nelson nor Specter publicly stated whether he would vote for a
cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
motion to end a threatened Republican
filibuster A filibuster is a political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision. It is sometimes referred to as "talking a bill to death" or "talking ...
. Johnsen was supported by the remaining 57 Democrats as of May 2009.


2010 nomination

In early January 2010, White House officials began telling reporters that Obama was planning to renominate Johnsen to head the OLC. On January 20, 2010, Obama renominated Johnsen to the post. Johnsen's nomination was withdrawn on April 9, 2010. In a statement, Johnsen mentioned that the delays and strong political opposition had threatened her ability to restore the non-partisanship and efficiency of the Office of Legal Counsel. In January 2017, in an article for
Slate.com ''Slate'' is an online magazine that covers current affairs, politics, and culture in the United States. It was created in 1996 by former '' New Republic'' editor Michael Kinsley, initially under the ownership of Microsoft as part of MSN. In ...
, Johnsen described the "personal toll" of the Senate's refusal to vote on her nomination to head the Department of Justice's Office of Legal Counsel in 2009 and 2010. (She posited that
Merrick Garland Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who served as the 86th United States attorney general from 2021 to 2025. He previously served as a circuit judge of the United States Court of Appeals for the Dist ...
should be appointed to the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
and then any future vacancy should be filled in proper order, claiming that the vacancy caused by the death of
Antonin Scalia Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual an ...
"exists only as the result of the wrongful denial of the legitimacy of Obama's presidency. It is a breakdown of the very functioning of our democracy and a slap in the face to constitutional norms. It is an attempted theft that, if permitted, would bring longstanding consequences.")Seat Merrick : Trump’s nominee shouldn’t get a hearing until Merrick Garland is seated
Dawn Johnsen, Slate.com, 2017-01-31


Office of Legal Counsel (2021–)

On January 20, 2021, President
Joe Biden Joseph Robinette Biden Jr. (born November 20, 1942) is an American politician who was the 46th president of the United States from 2021 to 2025. A member of the Democratic Party (United States), Democratic Party, he served as the 47th vice p ...
swore Johnsen into office once more as the Acting Attorney General for OLC, pending nomination of a Senate-confirmed candidate for the full-time role. On July 30, 2021, Johnsen wrote an opinion directing the Department of the Treasury to turn over the
tax returns of Donald Trump Donald Trump, President of the United States, controversially refused to release his tax returns after being elected president the first time in 2016, although he promised to do so during his campaign. In 2021, the Manhattan district attorney ...
to the
United States House Committee on Ways and Means The Committee on Ways and Means is the chief tax-writing committee of the United States House of Representatives. The committee has jurisdiction over all taxation, tariffs, and other revenue-raising measures, as well as a number of other progr ...
, stating that the committee had "invoked sufficient reasons" to request the tax information. This reversed the June 2019 OLC opinion by
Steven Engel Steven Andrew Engel (born June 29, 1974) is an American lawyer. He served as the United States assistant attorney general for the Office of Legal Counsel in the First presidency of Donald Trump, first Trump administration. Engel, who previously ...
which had argued that the House had lacked a "legitimate legislative purpose" to warrant receiving the information. Johnsen wrote that Engel's opinion "failed to afford the Committee the respect due to a coordinate branch of government."


Personal

Johnsen is a
Methodist Methodism, also called the Methodist movement, is a Protestant Christianity, Christian Christian tradition, tradition whose origins, doctrine and practice derive from the life and teachings of John Wesley. George Whitefield and John's brother ...
who teaches
Sunday school ] A Sunday school, sometimes known as a Sabbath school, is an educational institution, usually Christianity, Christian in character and intended for children or neophytes. Sunday school classes usually precede a Sunday church service and are u ...
. She and her husband, John Hamilton, Mayor of Bloomington, Indiana have two children. Prior to being mayor, Hamilton served as Secretary of the Indiana Family and Social Services Administration, Commissioner of the Indiana Department of Environmental Management and served as an elected member of the Board of Trustees for the Monroe County Community School Corporation. He also founded City First Bank of D.C. (City First), a certified Community Development Financial Institution dedicated to strengthening low-to-moderate-income communities. Johnsen's brother-in-law is
United States Court of Appeals for the Seventh Circuit The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. United States federal court, federal court with appellate jurisdiction over the United States district court, courts in the following United Stat ...
Judge David Hamilton (judge), David Hamilton.


References


External links


"Faculty Profile"
on Indiana University website
"Assistant Attorney General for the Office of Legal Counsel - Dawn Johnsen"
- Judiciary Committee page

- favorable appraisal by
Glenn Greenwald Glenn Edward Greenwald (born March 6, 1967) is an American journalist, author, and former lawyer. In 1996, Greenwald founded a law firm concentrating on First Amendment to the United States Constitution, First Amendment litigation. He began blo ...

Republicans accuse nominee Johnsen of supporting abortion rights but opposing motherhood
''FALSE'', 2009-03-23, Politifact.com
"Outrage at the Latest OLC Torture Memo"
- article by Johnsen, April 3, 2008 * {{DEFAULTSORT:Johnsen, Dawn Living people Yale Law School alumni 1961 births American scholars of constitutional law People from Manhasset, New York Indiana University faculty People from Bloomington, Indiana Yale College alumni United States assistant attorneys general for the Office of Legal Counsel Carle Place High School alumni