Janet M. LaRue

It's been a taxing two weeks for President Obama and his nominees. And there's another nominee with bigger disqualifiers than unpaid taxes.

Imagine. A veteran pornography defense attorney takes a top spot at the agency charged with enforcing the nation's child pornography and obscenity laws.

And that's what will happen if David G. Ogden is confirmed as Deputy Attorney General, the second in command at the U.S. Department of Justice (DOJ), the nation's top law enforcement agency.

Who's next?

Jack Kevorkian as Surgeon General?

Jane Fonda as Deputy Secretary of Veteran's Affairs?

Sandy Berger, custodian of classified documents at the National Archives?

Pat Trueman, former chief of the Child Exploitation and Obscenity Section at DOJ says, "We've seen both on adult pornography and on child pornography, [Ogden] is not with us. … Certainly, he reflects President Obama on Obama's positions on pornography, homosexuality and abortion."

"For the adult entertainment industry, the pick could constitute a strong one, considering Ogden's record in representing companies over First Amendment rights and obscenity cases," according to Rhett Pardon of XBIZ.com.

Brian Burch, president of Fidelis, has issued an outstanding memo documenting Ogden's porn advocacy, which includes:

Opposed the Children's Internet Protection Act, which required federally-funded libraries to utilize Internet filters.

Challenged the Child Protection and Obscenity Enforcement Act of 1988 and the Child Protection Restoration and Penalties Enhancement Act of 1990. Ogden argued that requiring porn producers to personally verify that their models were over age 18 would "burden too heavily and infringe too deeply on the right to produce First Amendment-protected material."

Playboy Enterprises:
1988: a challenge to Puerto Rico's decision to ban obscene content from cable
1986: sought an order forcing the Library of Congress to use taxpayer funds to print Playboy Magazine's articles in Braille against the express wishes of Congress
1990: sought an injunction against the inclusion of Playboy in a list of adult magazines that would potentially be included in the Meese Commission report

PHE, Inc. & Adam & Eve (1990): represented one of the biggest producers of hard-core videos against a multidistrict prosecution strategy by the DOJ.

Janet M. LaRue

Jan LaRue is Senior Legal Analyst with the American Civil Rights Union; former Chief Counsel at Concerned for Women; Legal Studies Director at Family Research Council; and Senior Counsel for the National Law Center for Children and Families. Be the first to read Janet LaRue's column. Sign up today and receive Townhall.com delivered each morning to your inbox.