Nominee would risk sovereignty

President Barack Obama is continuing his sharp departure from mainstream America with his recent selection of yet another far-left adviser to serve in his administration. The Senate has begun consideration of the nomination of Harold Koh to serve as the legal adviser to the Department of State. What makes this nomination so critical is that Koh's opinions on international law represent a radical shift from those of past legal advisers from both parties, and pose a serious threat to American sovereignty.

Sovereignty is vital for America because we are an exceptional nation, one uniquely blessed with a vibrant Judeo-Christian heritage, as demonstrated both through its founding documents and by the witness of history. For any nation, and I believe especially for America, to give up any degree of control of its destiny to transnational bodies is irresponsible and wrong.

To protect America from this encroaching transnationalism, I have co-founded the Congressional Sovereignty Caucus. The caucus promotes U.S. self-determination and national security through educating fellow congressmen, senators, and the American public. One of our group's first priorities is to oppose Koh's nomination.

The legal adviser to the Department of State is the voice of the United States around the world on international legal issues, and negotiates, drafts, and interprets treaties and U.N. Security Council resolutions. This individual also represents the United States at international organizations and before the International Court of Justice.

Koh's record is disturbing. Time and again, given the choice between whether domestic or international law is superior, Koh sides with international law. He has stated for instance, that the congressionally authorized 2003 invasion of Iraq "violate[d] international law" because the U.S. had not been granted explicit United Nations authorization.

Given the choice between supporting the opinion of the International Court of Justice and supporting a valid conviction obtained under Texas law in the case Medellin v. Texas, Koh sided with the decision of the foreign court. The Medellin case, which was eventually decided by the U.S. Supreme Court, concerned a Mexican national who had raped and murdered two girls. The foreign court attempted to order the U.S. to revisit the death penalty sentence simply because the defendant had not been notified of his technical right under a treaty to have the Mexican consulate notified of his arrest.
In addition, Koh believes that the U.S. should ratify treaties that threaten American sovereignty, including:

• The Rome Statute on the International Criminal Court (ICC). U.S. participation in the ICC would make American citizens and soldiers susceptible to politically motivated prosecutions. Transnationalists are using the Rome Statute as a vehicle to bring nations such as the U.S. and Israel before the ICC for what they believe are violations of human rights. The two previous administrations have identified the ICC as a critically flawed institution whose problems have yet to be rectified. Disturbingly, Koh continues to advocate for U.S. participation in the ICC.

• The Convention on the Elimination of All Forms of Discrimination Against Women.

Since its inception, CEDAW bureaucrats have pushed for the expansion of abortion rights. According to Human Rights Watch, the CEDAW committee has instructed 93 countries to liberalize their abortion laws. In June 1999, for instance, the CEDAW committee stated that it "is concerned that, with very limited exceptions, abortion remains illegal in Ireland" and that it "urge[d] the Government [of Ireland] to facilitate a national dialogue on women's reproductive rights, including on the restrictive abortion laws."

• The U.N. Convention on the Rights of the Child. This international treaty undermines the rights of parents to raise and protect their children as they see fit. The treaty would grant the power to its enforcement committee to intervene in the lives of American families to advance the committee's agenda.

Koh also believes that the international community should do much more for the global regulation of firearms. For instance, in a lecture at the Fordham University School of Law, entitled "A World Drowning in Guns," Koh noted that one of his goals is to create a "global gun control regime."

Obama's choice of Koh would be a disaster for American self-determination. What this country needs, instead, is a legal adviser who vigilantly protects and defends the rights of American citizens and institutions from the increasing influence of international organizations.

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Lamborn, of Colorado Springs, represents Colorado's Fifth Congressional District in the U.S. House of Representatives.