Pay More Attention to Harold Koh ~ By Oliver North

By Oliver North It is said that there are two kinds of lawyers -- those who know the law, and those who know the judge. And then there is Harold Koh, the man who is likely to be the next Legal Adviser to the State Department. Koh most recently served as Dean of the Yale Law School and before that as Assistant Secretary of State for Democracy, Labor and Human Rights in the Clinton administration. He is a prolific author and a legal activist of the Left. Earlier this week, his nomination to be Foggy Bottom’s barrister was voted out of the Senate Foreign Relations Committee, 12-5. His pending appointment has received scant attention from the media or the senators who will decide his fate. It deserves a closer look. The State Department Legal Adviser is unique. The person holding the position helps formulate and implement U.S. foreign policy; advises the Justice Department on cases with international implications; influences U.S. positions on issues considered by international bodies; represents the U.S. at treaty negotiations and international conferences; has input into the drafting of Security Council resolutions and the interpretation of treaties. Koh’s record deserves more scrutiny because he is not just an attorney who knows the law -- he is an activist lawyer who knows what he wants the law to be. From all he has said and written, it is apparent that Koh wants U.S. jurisprudence to be shaped by international law, European courts, foreign governments, and international organizations like the United Nations. Koh puts himself in the “transnationalist” camp of legal practioners, which he describes as those who “believe in and promote the blending of international and domestic law.” He has written that “transnationalists believe that U.S. courts can and should use their interpretive powers to promote the development of a global legal system.” [Continue reading]

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