Smear Job on David Ogden Comes up Short

The Senate is currently debating the nomination of David Ogden to be Obama’s Deputy Attorney General. That, in itself, is telling. Ogden was expected to sail through the confirmation process, but by last week there was talk of a full-on filibuster.

It’s not easy to disrupt the confirmation of a widely respected attorney with previous government experience and bipartisan backing. It takes big lies and a big megaphone. But the Religious Right and its Senate allies managed just fine.

To hear Senator Orrin Hatch talk about it, you’d think that Obama had actually nominated Larry Flynt to be Eric Holder’s deputy: “The pornography industry is excited about Mr. Ogden’s nomination.”

But that’s nothing. Here’s how the executive director of the Traditional Values Coalition summed up Ogden: “He will be a great ally for advocates for death and homosexuality inside the Justice Department.”

Bear in mind, they’re talking about a man who enjoys the backing of the National District Attorneys Association, National Association of Police Officers, Fraternal Order of Police, National Center for Missing and Exploited Children, and many others. He even won the support of Republican Senators Specter, Graham, and Kyl in committee.

Ogden’s right-wing antagonists don’t care about any of that. They’ve latched onto a handful of cases involving abortion and obscenity from his many years as a corporate lawyer and have distorted them beyond all recognition. Ogden, for instance, represented the American Library Association in its fight against overzealous internet filtering and the American Council for the Blind over whether the Library of Congress should make a Braille version of Playboy, as was the practice for other popular periodicals.

These cases had very real First Amendment implications. But never mind that. His old casework is enough for the Traditional Values Coalition to call him a “pro-pornography zealot.” Concerned Women for America has even speculated that his nomination might mean that the “United States will also fund the international production and distribution of pornography.”

These smears reached hundreds of thousands – perhaps millions – of Americans via right-wing cable news, talk radio, and blogs. Senate conservatives took notice, hence the five ‘no’ votes in the committee and the grumbling about a filibuster. In fact, Senator Majority Leader Reid was forced to file cloture on the vote.

Ogden will surely be confirmed when the Senate finally votes on his nomination today (around 2 pm). But the outlandish rhetoric from the far right and the willingness by conservative Senators to play along are sure signs of what’s to come.