Criminal Justice & the Rule of Law

Letter in Support of Brennan Nomination

Trevor W. Morrison
Tuesday, January 22, 2013, 2:03 PM
I'm pleased to report that a group of former Obama Administration lawyers (including yours truly) has just submitted to the Senate Select Committee on Intelligence a letter expressing our strong support for John Brennan's nomination to be Director of the CIA.  As the letter states, in his current capacity as Assistant to the President for Homeland Security and Counterterrorism, John "has demonstrated seasoned wisdom and judgment in responding to our nation’s greatest national security threats, and he has consistently reaffirmed his core commitment to conducting our national security and count

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I'm pleased to report that a group of former Obama Administration lawyers (including yours truly) has just submitted to the Senate Select Committee on Intelligence a letter expressing our strong support for John Brennan's nomination to be Director of the CIA.  As the letter states, in his current capacity as Assistant to the President for Homeland Security and Counterterrorism, John "has demonstrated seasoned wisdom and judgment in responding to our nation’s greatest national security threats, and he has consistently reaffirmed his core commitment to conducting our national security and counterterrorism policy in a fashion that comports with our deepest values."  We close the letter by stating that John "is superbly qualified to serve as Director of the CIA, and we urge his swift confirmation." Here's the full text of the letter:
January 22, 2013 The Honorable Dianne Feinstein Chairman, U.S. Senate Select Committee on Intelligence 211 Hart Senate Office Building Washington, D.C. 20510 Re: Nomination of John O. Brennan as Director of Central Intelligence Agency Dear Chairman Feinstein: As attorneys committed to the rule of law who worked on a range of national security issues while serving in the Obama Administration, we write to express our enthusiastic support for the President’s nomination of John O. Brennan to serve as Director of the Central Intelligence Agency. Throughout his tenure as Assistant to the President for Homeland Security and Counterterrorism in the Obama Administration, John Brennan has been a persistent and determined leader in support of adherence to the rule of law, a principled commitment to civil liberties and humanitarian protection, and transparency. On a broad range of issues, he has endeavored to ensure that the national security practices of the United States Government are based on sound long-term policy goals and are consistent with our domestic and international legal obligations, as well as with broader principles of democratic accountability. John Brennan has been a steadfast champion of the President’s commitment to closing the detention facility at Guantánamo, and has urged that our Article III courts remain a vital tool in our counterterrorism toolbox. He has stood firmly with the President's efforts to ensure that interrogations are conducted in accord with the law and our values. And he has worked to ensure that the responsible and effective pursuit of our counterterrorism objectives will not depend simply on the good instincts of officials, but will instead be institutionalized in durable frameworks with a sound legal basis and broad interagency oversight. As a former CIA official and currently the President’s chief counterterrorism adviser, John Brennan well understands the significant security threats that the United States faces, as well as the institutional needs of the CIA and its dedicated personnel. He is also exceptionally qualified to provide leadership and direction to the Agency, consistent with President Obama’s national security objectives. John Brennan understands that adherence to the Constitution and the rule of law serve, rather than undermine, our national security interests. Time and again, he has demonstrated seasoned wisdom and judgment in responding to our nation’s greatest national security threats, and he has consistently reaffirmed his core commitment to conducting our national security and counterterrorism policy in a fashion that comports with our deepest values. He is superbly qualified to serve as Director of the CIA, and we urge his swift confirmation. Sincerely yours, Sarah H. Cleveland Louis Henkin Professor of Human and Constitutional Rights* Columbia Law School Former Counselor on International Law to the Legal Adviser, U.S. Dept. of State Gregory B. Craig Skadden, Arps, Slate, Meagher & Flom LLP Former Counsel to the President William S. Dodge Professor of Law and Associate Dean for Research University of California, Hastings College of the Law Former Counselor on International Law to the Legal Adviser, U.S. Dept. of State Jeh C. Johnson Former General Counsel U.S. Dept. of Defense David S. Kris General Counsel, Intellectual Ventures Former Assistant Attorney General for National Security David A. Martin Warner-Booker Distinguished Professor of International Law University of Virginia Former Principal Deputy General Counsel, U.S. Dept. of Homeland Security Daniel J. Meltzer Story Professor of Law Harvard Law School Former Principal Deputy Counsel to the President Trevor W. Morrison Liviu Librescu Professor of Law Columbia Law School Former Associate Counsel to the President * Institutional affiliations are provided for identification purposes only 

Trevor W. Morrison is the Eric M. and Laurie B. Roth Professor of Law and Dean Emeritus at New York University School of Law. He teaches and writes about constitutional law and federal courts. He previously served in the Department of Justice, the White House, and as a clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg. In 2021, President Biden appointed him to the Presidential Commission on the Supreme Court of the United States.

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