Today is "Help Chuck Decide" Day, so that there may be a better tomorrow

In addition to misguided loyalty, the security of a rubber stamp and a love of bumbling incompetence, at least one other reason for George having wanted the hapless Alberto to linger at Justice is now immensely conspicuous: A replacement -- any replacement, no matter where he or she sat in the ideological spectrum -- could, and perhaps even would, in time, land the Decider Guys in the hoosegow.

The administration's thorny dilemma in the person of Michael Mukasey has made this delightful prospect deliciously clear.

Had the nominee testimonially smiled on the interrogation practice of waterboarding, his nomination would have been as dead as Jacob Marley, for sure. But it also would have had the unfortunate consequence -- for the administration, that is -- of advertising the administration's illegality.

Had he properly condemned it as illegal, however, he would have "open[ed] up Pandora's box," according to one national security law professor: "Such a statement from an attorney general would override existing Justice Department legal opinions and create intense pressure from human rights groups to open a criminal investigation of interrogation practices."

"You would ask not just who carried it out, but who specifically approved it," said Scott Silliman of the Center on Law, Ethics and National Security at Duke University. "Theoretically, it could go all the way up to the president of the United States; that’s why [Mukasey will] never say it’s torture."

And that, of course, is why he never did, even though he knows it is. Mukasey got muscled into the same, literal protection racket that Gonzales had so happily organized.

The administration always knew its authorized interrogation practices were grossly illegal; hence it lived in dread of any change at Justice that might bring an accounting one day closer.

As former Justice official Jack Goldsmith noted in his recent book, "The Terror Presidency": "I witnessed top officials and bureaucrats in the White House and throughout the administration openly worrying that investigators, acting with the benefit of hindsight in a different political environment, would impose criminal penalties on heat-of-battle judgment calls."

"Criminal penalties." What a lovely, and overdue, phrase.

But for now, it's crunch time not for the administration, but the United States Senate. Specifically, Senate Democrats; more specifically, Democratic members of the Senate Judiciary Committee; and yet even more specifically, Democratic-member Senator Charles Schumer, who first recommended the compromised Musakey as the befuddled Gonzales' replacement.

A confirmation vote in committee is scheduled for Tuesday. Astoundingly (or not), "If Mr. Mukasey’s nomination reaches the Senate floor, moderate Democrats appear likely to join Republicans to produce a majority for confirmation."

That would be the "moderation" of confirming a continuing cover-up of some of the most despicable criminal acts ever committed by high-level officials. At Justice. In the White House. Its approving confirmation. Go figure.

But Mukasey's nomination need not reach the Senate floor, just so Senate Democrats can further debase themselves, further stain the nation's reputation, and commit yet another offense against national and international law and basic human decency.

As of this morning, it appears it all comes down to Chuck Schumer's deciding vote. And what does indeed absolutely astound is that "Mr. Schumer says he is undecided."

So let's help Chuck decide, the poor dear. His number is 202-224-6542.

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Comments

[dana hatch]

Mukasey is indeed compromised but so are congressional Democrats so he's a shoo-in for confirmation. The fix has been in from the start. After Schumer, Leahy, and Specter voice some hollow outrage for a few quick political points, they will fall in line and confirm Mukasey, who would not have been nominated had he not pledged to shield the Bush gang from criminal investigation. Look at how the telcoms paid off Jay Rockefeller to advocate for the telcoms to be immune from lawsuits. It's a joke to keep hoping the Democrats will do the right thing.

[Hotrod54235]

PM,
With the benefit of a few hours hindsight it was automatic to think, once again, that "our" side would cave again. The democrats absolutely suck wind. I just want to puke.