Porn at­tor­ney ad­mit­ted to Obama’s Jus­tice Dept.

The Washington Times Weekly - - Commentary -

Un­der Pres­i­dent Obama, it was ex­pected that porn push­ers might find a sym­pa­thetic ear, given the smut in­dus­try’s gen­er­ous sup­port of lib­eral politi­cians and causes.

But the fox is no longer cir­cling the hen­house. He’s made it in­side. On March 12, the “world’s great­est de­lib­er­a­tive body,” the U.S. Se­nate, voted 65 to 28 to el­e­vate porn at­tor­ney David Og­den to be deputy at­tor­ney gen­eral.

Eleven se­na­tors from the “Party of Fam­ily Val­ues” (La­mar Alexan­der, Kit Bond, Su­san Collins, Lind­sey Gra­ham, Judd Gregg, Jon Kyl, Richard Lu­gar, pres­i­den­tial nom­i­nee John McCain, Olympia Snowe, Arlen Specter and Ge­orge Voinovich) joined a nearly unan­i­mous Demo­crat ros­ter (mi­nus Robert Casey of Penn­syl­va­nia) in de­cid­ing that a man who de­fended child pornog­ra­phy dur­ing the Clin­ton years, as well as hard-core porn pro­duc­ers, plus Play­boy and Pent­house, is suited to be the No. 2 law en­forcer in the na­tion.

The Se­nate also voted 70 to 20 to con­firm Thomas Perelli as as­so­ciate at­tor­ney gen­eral, the No. 3 Jus­tice post. Mr. Perelli rep­re­sented Michael Schi­avo, who had re­mar­ried and had his brain-dam­aged ex-wife Terri Schi­avo taken off life sup­port against the wishes of her par­ents and brother.

Sen. Pa­trick Leahy, Ver­mont Demo­crat, who spoke on his be­half, said Mr. Og­den’s le­gal work on be­half of the smut in­dus­try was just a “sliver” of his record and in any case did not re­flect his “per­sonal” views or val­ues. Would lawyers work­ing for cor­po­rate pol­luters or pro­life groups get that kind of pass?

Mr. Og­den’s el­e­va­tion marks a ma­jor victory for pornog­ra­phers, the abor­tion in­dus­try and the ho­mo­sex­ual move­ment, among oth­ers. It’s hard to imag­ine a more rad­i­cal nom­i­nee in terms of le­gal so­cial en­gi­neer­ing.

On Nov. 4, 1993, in a vote of 100 to 0, the U.S. Se­nate passed a non­bind­ing res­o­lu­tion cen­sur­ing the Jus­tice Depart­ment for re­fus­ing to de­fend the con­vic­tion of a child pornog­ra­pher. In that case, Knox v. United States, Mr. Og­den had filed a friend of the court brief for the Amer­i­can Civil Lib­er­ties Union that ar­gued that close-ups of chil­dren’s crotches in videos such as “Lit­tle Girl Bot­toms (Un­der­side)” and “Lit­tle Blondes” were not child pornog­ra­phy and thus mer­ited con­sti­tu­tional pro­tec­tion. A week later, Pres­i­dent Clin­ton is­sued a let­ter re­buk­ing At­tor­ney Gen­eral Janet Reno and ask­ing for tougher child pornog­ra­phy en­force­ment. A few months later, the House added its cen­sure by a vote of 425 to 3.

If this had been an iso­lated in­ci­dent that Mr. Og­den now re­grets, that would be one thing, but he has a long track record of sid­ing with rad­i­cal pro­po­nents of the sex­ual revo­lu­tion.

Brian Burch, pres­i­dent of the Catholic-based pub­lic pol­icy group Fidelis, has au­thored a memo out­lin­ing Mr. Og­den’s ex­ten­sive ca­reer is­su­ing briefs on be­half of pornog­ra­phers, abor­tion­ists and ho­mo­sex­ual pres­sure groups, among oth­ers. Here are a few of Mr. Og­den’s ac­tiv­i­ties:-Op­posed the Chil­dren’s In­ter­net Pro­tec­tion Act of 2000. Mr. Og­den filed an am­i­cus brief ar­gu­ing against Congress re­quir­ing pub­lic li­braries that ac­cept tax fund­ing to in­stall In­ter­net fil­ters, even on com­put­ers in the chil­dren’s ar­eas.

Chal­lenged the Child Pro­tec­tion and Ob­scen­ity En­force­ment Act of 1988. Specif­i­cally, Mr. Og­den’s brief on be­half of porn pro­duc­ers ar­gued that re­quir­ing them to ver­ify that per­form­ers were at least 18 years of age would “bur­den too heav­ily and in­fringe too deeply” on their First Amend­ment rights.

Rep­re­sented Play­boy En­ter­prises in a 1986 suit that forced the Li­brary of Congress to print Play­boy mag­a­zine’s ar­ti­cles in Braille, an out­come Mr. Og­den said was a key victory in “turn­ing the tide in the cen­sor­ship bat­tle.” He also sought an in­junc­tion against in­clud­ing Play­boy in a list of porn mag­a­zines to be part of the Meese Com­mis­sion re­port (1990).

Filed nu­mer­ous briefs in other pornog­ra­phy and ob­scen­ity cases be­fore the Supreme Court.

Op­posed parental no­ti­fi­ca­tion for mi­nors un­der­go­ing abor­tions (1987).

Op­posed vir­tu­ally all re­stric­tions on abor­tions, from spousal no­ti­fi­ca­tion to manda­tory, 24-hour de­lays, in a brief for Planned Par­ent­hood filed in the land­mark Casey v. Planned Par­ent­hood (1992).

Char­ac­ter­ized peace­ful pro-life abor­tion pro­test­ers as the moral equiv­a­lent of mob­sters by ar­gu­ing they come un­der the RICO organized crime statute (Shei­dler v. Na­tional Or­ga­ni­za­tion for Women (2003).

De­clared that “ho­mo­sex­u­al­ity is a nor­mal form of hu­man sex­u­al­ity” as coun­sel for the Amer­i­can Psy­cho­log­i­cal As­so­ci­a­tion in Lawrence v. Texas (2003), in which the Supreme Court struck down the Texas sodomy law. That pro­foundly bold ju­di­cial power grab has been the linch­pin for fur­ther gay rights ad­vances, in­clud­ing state court rul­ings strik­ing down mar­riage laws in Mas­sachusetts, Cal­i­for­nia and Con­necti­cut.

Sought to over­turn the mil­i­tary’s pol­icy on ser­vice by open ho­mo­sex­u­als (Watkins v. United States Army (1989), ar­gu­ing that sex­ual pref­er­ence (sex­ual ori­en­ta­tion) is the equiv­a­lent of race.

There’s more. Mr. Og­den has backed the in­tru­sion of in­ter­na­tional law into Amer­i­can courts, the “right” of pro­test­ers to tres­pass on pri­vate prop­erty, the use of “com­pas­sion” to over­ride “prece­dent and logic,” and he has filed sev­eral briefs seek­ing to limit en­force­ment of the death penalty. His briefs are lit­tered with junk sci­ence that was specif­i­cally de­signed to un­der­mine cul­tural norms.

As deputy at­tor­ney gen­eral, Mr. Og­den will be sworn to de­fend the Con­sti­tu­tion and the laws of the United States. That will be a tall or­der for some­one who has spent years in­vent­ing novel le­gal ar­gu­ments in pur­suit of a far-left so­cial agenda.

Robert Knight is a se­nior writer at Coral Ridge Min­istries and a se­nior fel­low at the Amer­i­can Civil Rights Union.

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