Cross-posted on The Hill Blog. Sen. Ted Kennedy (D-Mass.) said it best today as the Senate Judiciary Committee voted to approve the nomination of Judge Michael Mukasey as attorney general
"He will, in fact, enforce the laws that we pass in the future?" Kennedy said, mocking the assurances Mukasey gave to Sen. Charles Schumer (D-N.Y.) that he would enforce an anti-torture law if Congress were to pass one. "Can our standards have really sunk so low? Enforcing the law is the job of the attorney general. It's a prerequisite, not a virtue."
Enforcing the law is even more important in a Justice Department that has been badly damaged by an attorney general who put partisan loyalty above the rule of law. The nation cannot afford to have that happen again. Yet by refusing to be clear in his answers on whether he considers waterboarding illegal, Mukasey gives no assurance that he would do anything differently than his predecessor, Alberto Gonzales.
Common Cause is urging the full Senate to vote AGAINST Murkasey's confirmation, and the organization is far from alone.
Four retired Judge Advocates General (JAGs), the legal arm of the U.S. military, declared unequivocally in a letter to Sen Patrick Leahy (D-Vt.) that "waterboarding is inhumane, it is torture, and it is illegal." Twenty-four retired US intelligence officers have also weighed in, asking that the Senate Judiciary Committee hold the nomination until Mukasey clarifies his remarks. Four retired generals have also written to Leahy, agreeing that water boarding is illegal torture in all circumstances.
Judge Mukasey's disingenuous responses about torture show a contempt for Congress and a disturbing willingness to turn his back on the law when the alternative - acknowledging illegal torture - could have troubling implications for the President who nominated him.
The Senate should do the right thing for the country and for the beleaguered Justice Department and reject Mukasey and continue searching for a suitable nominee.
Bush announced his new Attorney General nominee on Monday:
Michael Mukasey. The nominee, who might actually be acceptable for both Democrats and Republicans, met with Sen. Patrick Leahy (D-VT) yesterday. Leahy, who will preside over Mukasey's confirmation hearing as chair of the Senate Judiciary Committee, made positive comments about the meeting.
But Leahy is not forgetting the Gonzales scandal, or, as he calls it, "the dark period". He signaled that before the nominee can be considered, Gonzales' involvement in the U.S. attorney firings and the administration's warrantless wiretapping program
needs to be resolved.
In other words: it might take a while until we see a new Attorney General.
Several weeks back, embattled Justice Department official Bradley Schlozman testified to the Senate Judiciary Committee that he engaged in no partisanship in his role overseeing career attorneys at the department or when he was U.S. Attorney in Missouri.
Several days later, I wrote that Schlozman should be indicted for perjury when it became apparent that he lied about the role partisanship played in his handling of his duties as U.S. Attorney.
Today, I renew that call for perjury indictments, as the Washington Post reported on its front page that Schlozman was also lying to the Committee about how partisan he was in his job overseeing U.S. Attorneys at the DoJ.
Hmmm... from The Onion:
Shaking Off Amnesia, Gonzales Remembers He's Actually Pool Salesman From Tulsa
WASHINGTON, DC -- Embattled Attorney General Alberto Gonzales' future was thrown further into jeopardy Friday when he was accidentally struck by a boom microphone, reversing a years-long case of amnesia and causing him to remember his true identity as hotshot Tulsa, OK pool and spa salesman "Cabana Al" Gonzales.
...
"Clearly, I should not be seventh in line for the presidency," Gonzales said. "Can I go home now?"
Why can't The Onion be true for once? Why must they tease me like this? All we want is a Justice Department that actually promotes justice and the rule of law in this country... not one led by "Cabana Al" Gonzalez.
At least I laughed. Hope you did, too.