President Obama's nominee to be the State Department's legal adviser has ignited a fury among conservative critics who say his views are a threat to American democracy-an accusation the White House on Tuesday called "outrageous" and "completely baseless." Former Clinton administration official Harold Koh, who has been dean of the Yale Law School since 2004, once wrote that the U.S. was part of an "axis of disobedience" with North Korea and Saddam Hussein's Iraq. Koh also has long held that the U.S. should accept international law when deliberating cases at home.Obama nominated Koh on March 23 to become the State Department's legal adviser-an appointment that, if confirmed by the Senate, will give Koh far-reaching influence over the extent to which international norms affect U.S. law
."This is not a desk job. This guy will be the face of American international law around the world," said Steven Gross, legal expert and fellow at the conservative Heritage Foundation
. "The top legal adviser at State travels extensively and is involved in international legal negotiations, treaties and in major United Nations conferences."The president should have the right to choose the most conservative or liberal legal advisers to give them advice, but this is much more than that. The concern is that he cares as much about-if not more about-international law and integrating that into the American judicial system than he does about protecting American prerogatives and American sovereignty," Gross said.The White House vehemently defended Koh's nomination on Tuesday, telling FOXNews.com that he is
"one of the most respected members of the legal community."Koh "earned wide bipartisan praise as assistant secretary of state and he's universally respected by legal scholars," White House spokesman Reid Cherlin told FOXNews.com."
The president looks forward to working with him at the State Department. He's a strong believer in the Constitution, and the president nominated him because of his firm defense of the Constitution."State Department spokesman Gordon Duguid also offered praise for Obama's nominee
."Dean Koh is universally respected for his legal scholarship and previously served as an assistant secretary of state-and was praised for his work by Republicans and Democrats alike," Duguid said.
"President Obama and Secretary Clinton strongly believe he's the right person for the job." Koh, like Obama, is a strong opponent of the Iraq war and the use of harsh interrogation techniques that some consider torture. He has fiercely criticized former President George W. Bush for invading Iraq in 2003 and has accused the Bush administration of trying to "block public release of more Abu Ghraib type pictures.""We should resist the claim that a War on Terror permits the commander in chief's power to be expanded into a wanton power to act as torturer in chief," Koh wrote in an article published in May 2006 in the Indiana Law Journal.Koh also advocates a "transnational legal process" and has criticized the U.S. for its failure to "obey global norms."In an article published in the Berkeley Journal of International Law in 2004, Koh wrote,
"What role can transnational legal process play in affecting the behavior of several nations whose disobedience with international law has attracted global attention after September 11th-most prominently, North Korea, Iraq and our own country, the United States of America? For shorthand purposes, I will call these countries 'the axis of disobedience.'"
http://www.foxnews.com/politics/2009/03/31/obamas-appointment-koh-state-department-legal-adviser-stirs-controversy/As in the days of Noah...