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Mukasey

16 Sep 2007 11:06 pm

This is already dull conventional wisdom, but it seems to me that the rumored new guy at the Justice Department, Michael Mukasey, stands a good chance of rescuing the DOJ from its Gonzalez-era status as a cesspool of depravity and incompetence and bringing us back to the glory days of John Ashcroft when one primarily worried about the Attorney-General's ludicrously wrongheaded ideology.

On a less banal note, though, a confirmation hearing isn't just about the nominee, it's also an opportunity to really force a would-be high official to sit in a chair and give some reasonable answers to questions from the Senate. Once someone has a job, it turns out to be remarkably easy to show up, say a bunch of stuff that's not really true, and then apologize a couple of days later. Just ask Mike McConnell. Which is just to say that, in general, it doesn't make sense to prejudge these things. Given what's gone down over the past few years, any appointee to this job deserves to be asked some tough questions about his views on whether torture is illegal, whether US Attorneys should be sacked for failing to mount partisan prosecutions, etc., etc., etc., and the confirmation issue shouldn't be prejudged until one sees whether or not satisfactory answers are forthcoming. Guys like Don Rumsfeld had good reputations before they joined this administration.

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"Once someone has a job, it turns out to be remarkably easy to show up, say a bunch of stuff that's not really true, and then apologize a couple of days later."

Given that, one might ask what the point is of confirmation hearings in the first place. One would expect that, during confirmation hearings, these guys would say whatever they needed to say in order to get confirmed, secure in the knowledge that, after they've got the job, it won't be possible to remove them even if it turns out that they said a bunch of things about how they were going to do the job which they had no intention of sticking to.

I think that we've seen sufficient displays of that approach to confirmation hearings in the course of the Bush administration. On the other hand, I'm sort of surprised that we haven't seen even more of it than we have -- lots of people go to these hearings and, given an opportunity to tell a pleasing lie which would grease the skids towards confirmation, they instead choose to dodge or otherwise refuse to answer the question. For whatever reason, these guys aren't nearly so comfortable lying at their confirmation hearings as I would expect, and I guess I should take that to be a Good Thing.

oh my god - it's happened: yglesias is now just as dull, if not duller, than the MSM op ed / columnist people. it was inevitable, i guess, because it was always his ambition. just a shame it happened so quickly.

maybe though, it was always the thing about matt: very clever but utterly humourless, ergo, on the fast track to the nyt oped page.

in a weird way, the sullivan de nos jours.

Leahy still needs to play hardball: no hearings until the WH answers subpoenas, in spite of what Schumer might say.

The rationale is clear: if Mukasey is being brought in to restore order and confidence to DOJ, then he needs to know where to start, and knowing how much intervention took place is part of that.

If the SJC lies down and pisses on itself, then fuck the Dems from now till 2009.

I'd like to know if he is capable and willing to repair some of the damage to the Justice Department that Gone-zales inflicted. Is he going to depoliticize the place? Is he going to investigate the handling of the Seligman prosecution? Is he going to continue the investigation of Doolittle? Is he going to sideline those Bushie incompetents?

Give Yglesias a break, Lucretius.

a) neither Matt nor Sullivan seem that humourless; Sullivan gets screechy, but he's a laugh-riot compared to the adolescents over at NRO;

b) it's hard to be counter-intuitive and clever when the underlying facts don't really warrant such a response (i.e., Mukasey is largely respected and admired as a jurist, etc.)

No wonder MY thinks we all hate him.

I think the unremarked part of this story, thus far, is the stunning victory of Harry Reid and the capitulation of the White House. Last Monday, the talk was all about Ted Olson. Then Reid mutters to a reporter that Olson won't be confirmed, and--abracadabra--we get a dull, obscure judge from New York instead.

"the glory days of John Ashcroft when one primarily worried about the Attorney-General's ludicrously wrongheaded ideology."

Ok, I understand the drapes on the statutes were remarkably annoying, the crisco too, and some liberals, (Though one presumes not Matt!) found his committing Justice to the individual right interpretation of the 2nd amendment offensive. But I'm something of a single issue voter, could I have a quick rundown on what "ludicrously wrongheaded ideology" you're talking about?

Some simple questions for Mukasey from the SJC:

Will you enforce Congressional subpoenas?

Will you allow ethics and IG investigations into all of the wiretap programs to go forward?

Will you personally investigate the responsiblity for determining who would and who would not be fired as a US Attorney and prosecute all violations of the law (including false statements to Congress) in connection with those determinations?

If the answer to any of these is no, send him back.

Brett, Google is your friend. Why don't you do your own research?

Here's one example to get you started: the detention of over 1000 individuals after 9/11 without charges, in clear violation of Constitutional protections.

an example of Rumsfeld's sterling reputation

http://www.marxist.com/images/stories/saddam-rumsfeld.jpg

It is progress that Reid forced Bush to nominate somebody who wasn't an Republican operative, corrupt, or lunatic. That's progress.

That doesn't mean that we should give him a free pass, though. Here's the question that Leahy should ask him:


As attorney general, will you enforce the law; specifically, George Bush’s admitted violations of Title 50 US Code, Chapter 36, Subchapter 1, Section 1800 et seq., i.e., the Foreign Intelligence Surveillance Act of 1978 [FISA], which makes any warrantless wiretap a felony punishable by up to 5 years in prison and a $10,000.00 fine? For each wiretap. 1,000 wiretaps = 5,000 years in prison and a $10,000,000.00 fine.

Yes or no?

Since Bush--I try to reserve the word President for Constitutional officers--has ruled lawlessly, we need an AG who will enforce the law.

If Mukasey won't do that, we need at least to mark him up on the way in.

NOTE I'm with the other commenters, MY. What's in the water? Rummy's "good reputation" consisted of, well, not being outright corrupt or insane. Aren't you setting the bar a little low, here?

http://www.correntewire.com/the_one_question_leahy_must_ask_each_and_every_bush_nominee_for_ag


Brett, Google is your friend. Why don't you do your own research?

Because Ashcroft prohibited the FBI from checking the gun purchase records of the 9/11 suspects, and that kind of deference to gun nuts is good enough for Brett?

Except that he is being nominated by George W. Bush. Which means he has been approved by Karl Rove, Dick Cheney, and Josh Bolten among others. Notice anything about that group? Yeah, they are all under the threat of indictment by.... wait for it.... the Justice Department.

Cranky

Another slant on Mukasey from a libertarian prospective.

http://scienceblogs.com/dispatches/2007/09/bush_to_nominate_mukasey_for_a.php#more

"Because Ashcroft prohibited the FBI from checking the gun purchase records of the 9/11 suspects, and that kind of deference to gun nuts is good enough for Brett?"

Ok, we've established that, first, you don't actually understand what was at issue in that contraversy, and second that you don't particularly mind the AG violating the law, you just want him violating laws you disapprove of... Privacy and non-retention of approved NICS records having been one of the key compromises necessary to get the Brady law passed.

But, seriously, "ludicrously wrongheaded ideology" is clearly a subjective assessment, and I'm curious as to which of Ashcrofts' policies Matt thought that of.

Ashcroft's repeated refusal of more funds for counterterrorism in 2001, in favor of beefing up investigation of prostitution in New Orleans, probably wasn't the greatest call in retrospect. Or even at the time, given the hollering being done by the New York FBI office. His sole response to the increased chatter about plane hijackings and the bin Laden briefing being to abandon taking commercial flights might be considered a less-than-ideal response. Helping to push through the Patriot Act despite those who attempted to invoke "phantoms of lost liberty" might be construed as disappointing, though there's certainly plenty of blame to go around on that one. The abuse of National Security Letters began on his watch. He participated in, and was a false propagandist for, the attempt to perpetually detain US citizen Jose Padilla, arrested on US soil on trumped-up charges. He remained a constant apologist for executive authoritarianism, a complete reversal of his thundering denunciations as a Senator of the dangers of "Big Brother," which purely coincidentally involved a Democratic administration being in power. In addition to the Padilla matter specifically, there's the unconstitutional large-scale detentions that Joel mentioned, and you conveniently ignored to go swanning off after gun laws.

But, other than that, and a bunch of other stuff that you'll simply ignore, Mr. Bellmore, yeah, it's pretty much the Crisco thing that was civil libertarians' real complaint. That and the calico cat business.

Mukasey was the judge who presided over the trial of the conspirators who tried to blow up the WTC in 1993. We got them and brought them to justice without dicey new laws, waterboarding, and the like. If the Democrats have any sense and spine, they can work with these themes.

We will probably get a better read on Mukasey on Thursday when Hitlerite gangster Robert Novaks' column comes out. If Novak trashes him, he's probably okay.

second that you don't particularly mind the AG violating the law, you just want him violating laws you disapprove of...

Yeah, whatever. Who was it who said he was a single issue voter, with the implication that Ashcroft could shit all over the law as long as he left a clean space for the middle-aged white guys with the personal armories?

I kind of think that word is getting around that principled Republicans (if there is any such people) are now scorning the Bush/Cheney administration.

Chafee, Bloomberg cutting up the Repug cards. Hagel and Warner quiting the Repug Party.

So why does Michael Mukasey want to subject himself to the reason why Mike McConnell told a lie in the first place?


Comments closed September 30, 2007.

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