Dawn Johnsen withdrew her nomination yesterday for head of the Office of Legal Counsel, saying in a statement,

Restoring OLC to its best nonpartisan traditions was my primary objective for my anticipated service in this administration. Unfortunately, my nomination has met with lengthy delays and political opposition that threaten that objective and prevent OLC from functioning at full strength. I hope that the withdrawal of my nomination will allow this important office to be filled promptly.

Sam Stein posted the full text of Johnsen’s statement and commented,

The withdrawal represents a major blow to progressive groups and civil liberties advocates who had pushed for Johnsen to end up in the office that previously housed, among others, John Yoo, the author of the infamous torture memos under George W. Bush.

But the votes, apparently, weren’t there. Johnsen had the support of Sen Richard Lugar (R-Ind.) but was regarded skeptically by Sen. Ben Nelson (D-Neb.) — primarily for her positions on torture and the investigation of previous administration actions. A filibuster, in the end, was likely sustainable. Faced with this calculus, the White House chose not to appoint Johnsen during Senate recess, which would have circumvented a likely filibuster but would have kept her in the position for less than two years.

A White House statement said the president is searching for a replacement nominee and will ask the Senate to confirm that person to head the Office of Legal Counsel quickly. I still think the Obama should have included Johnsen in a group of recess appointments he made last month. Jake Tapper quoted an unnamed Senate source as saying the White House “didn’t have the stomach for the debate” on her nomination. It doesn’t reflect well on Obama or on Senate Majority Leader Harry Reid that Johnsen never got a vote in the Senate, even after it was clear there were 60 votes in her favor last year (before the Massachusetts Senate special election).

UPDATE: From a must-read post by Glenn Greenwald:

What Johnsen insists must not be done reads like a manual of what Barack Obama ended up doing and continues to do — from supporting retroactive immunity to terminate FISA litigations to endless assertions of “state secrecy” in order to block courts from adjudicating Bush crimes to suppressing torture photos on the ground that “opennees will empower terrorists” to the overarching Obama dictate that we “simply move on.”  Could she have described any more perfectly what Obama would end up doing when she wrote, in March, 2008, what the next President “must not do”? […]

I don’t know why her nomination was left to die, but I do know that her beliefs are quite antithetical to what this administration is doing.

Over at the Mother Jones blog, Kate Sheppard, David Corn and Daniel Schulman compiled a list of “Obama’s Five Worst Nominees.” Treasury Secretary Timothy Geithner doesn’t make the cut, which surprised me until I read the short bios of appointees who are likely to put corporate interests ahead of the public interest. In alphabetical order:

William Lynn, for whom the president made an exception to his policy on lobbyists in government. Lynn was the chief lobbyist for defense contractor Raytheon before becoming deputy secretary of defense in the Obama administration.

William Magwood, a “cheerleader for nuclear power” who has “worked for reactor maker Westinghouse and has run two firms that advise companies on nuclear projects.” Obama nominated him for the Nuclear Regulatory Commission.

Scott O’Malia, who was apparently suggested by Senate minority leader Mitch McConnell. O’Malia “was a lobbyist for Mirant, an Enron-like energy-trading firm” and lobbied for weakening the Commodity Futures Trading Commission, to which Obama appointed him.

Joseph Pizarchik, who helped form policies in Pennsylvania to allow disposal of toxic coal ash in unlined pits. Obama named him director of the Office of Surface Mining Reclamation and Enforcement.

Islam Siddiqui, whom Obama appointed to be the chief agricultural negotiator for the U.S. trade representative. Jill Richardson has been on this case at La Vida Locavore; see here and here on why Siddiqui is the wrong person for this job.

I wouldn’t suggest that this rogue’s gallery is representative of Obama appointees, but it’s depressing to see any of them in this administration.

In the good news column, Obama has decided to renominate Dawn Johnsen to head the Justice Department’s Office of Legal Counsel, along with five other nominees who didn’t receive a confirmation vote in the Senate last year.