Questions for Harold Koh:
Julian Ku has a series of questions Harold Koh should have to answer before he is confirmed. I generally believe the Senate should be deferential to a President's nominees, but I also believe that the confirmation process should serve to inform the public about the type of administration a President is putting together. So I hope some Senator asks Koh these questions, and I look forward to hearing the answers.
Related Posts (on one page):
- Newsweek Previews Debate Over Koh:
- Questions for Harold Koh:
I think it makes some sense for the Senate to be deferential to the President (although probably not as deferential as Adler), especially for non-judicial political nominees and especially for the President's cabinet.
But, I think the primary purpose of hearings is to enable the Senate to "advise and consent" not inform the general public of the "type of administration" the President is putting together.
However, I think it should be pointed out that Koh is being nominated to the position of legal advisor, not to a position as a policy maker or even that of a judge. Ku's concern, and really the handwringing by conservatives in general (except notable exceptions like Olson), especially Ku's concern about the "waves" Koh could make with the Democrats in control of the Legislative branch, seem overstated if not panicky.
2. In addition to int'l legal issues, how about asking Koh about something here at home that's he supports? NewHaven began giving ID cards to everyone including those here illegally, and Koh threw his support behind that plan. That encouraged a web of illegal and shady activity, such as banks profiting from illegal activity, with a portion of their proceeds then donated to politicians who looked the other way when it came to enforcing our laws. Yet, he couldn't see any problems with NewHaven's scheme. Someone should go walk him through exactly what he supports.
*cough* federalism *cough*
(yes, New Haven is a city but presumably CT didn't preempt them)
All of that is related to this wider issue.
And, Harold Koh helped.
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