AG nominee Michael Mukasey enjoys an excellent reputation as a tough, fair federal judge who has not always rubber stamped everything Bushco wants to do simply because they bandy about the word “terra” and tell him to be afraid, very very afraid. I mentioned him as a possible nominee a couple weeks ago.
He’s a Southern District guy and, as Mary Joe White likes to point out, SDNY folk take an almost perverse pleasure in proving how independent they are from the folks inside the beltway. Jim Comey and Pat Fitz both started out in SDNY and they have have their stark moments of independence from the WH.
So, maybe Judge Mukasey is the best we progressives can hope for at this juncture? Maybe.
However, that does not mean that the Senate Judiciary Committee should just drop everything else they are doing and confirm him with no strings attached!!!
Yesterday, I was driving to a meeting and heard Jonathan Turley on “All things Considered.” He made an excellent point: Before the Senate Judiciary Committee takes up any new business, such as the confirmation of AG nominees, they should tidy up the desks with respect to the old business, like all those outstanding subpoenas.
Here’s the scoop, the SJC IS still waiting for subpoena compliance in the form of both testimony and documents. I don’t see where they will have the time, or clear space on the desk, to handle anything new until they finish up this subpoena compliance project.
Nope. There is only so much staff time and desk space to go around and it’s all occupied with this terrible backlog of unanswered subpoenas. Tsk, tsk, tsk.
Look, Mukasey brings an excellent resume to his confirmation hearings. So did Elliot Richardson. Yet the Senate Judiciary Committee extracted the exact terms, in writing IIRC, of the appointment of an Independent Counsel to investigate Watergate before they would send his nomination to the floor.
I’m not suggesting anything that ambitious. Just finish all old business, to Pat Leahy’s complete personal satisfaction, before undertaking any new business. Can you guys and gals on SJC handle that ?
An aside to judge Mukasey (in case you googlealert yourself and this turns up in your email).
When you go the DC, and especially when you go to the White House, please bring with you your New York skepticism and your knowledge of how to avoid being taken in by the 3 card Monte players and fake designer watch salesmen on 6th Avenue (Note to non New Yorkers: only rubes call it Avenue of the Americas).
Please read this excerpt from a speech Jim Comey gave at the NSA and picture the scene he describes. You will be in that same room one day and will face the same choices. Learn from his experiences:
At the outset, we know that we are a nation of laws, not men. We have chosen a profession that internalizes that truth. We know that the rule of law sets this nation apart and is its foundation.
We also know that we took an oath to support the constitution of the United States. We know that there may be agonizing collisions between our duty to protect and our duty to that constitution and the rule of law.
When we encounter those moments of collision, I hope we are aided by a uniquely lawyerly ability: the ability to transport ourselves to another time and place; and the ability to present facts to an imaginary future fact-finder, in an environment very different from the one in which we face current crisis and decision. We know that the setting will not be a late-night command center, thick with the tension of threat and danger.
We know that our actions, and those of the agencies we support, will be held up in a quiet, dignified, well-lit room, where they can be viewed with the perfect, and brutally unfair, vision of hindsight. We know they will be reviewed in hearing rooms or courtrooms where it is impossible to capture even a piece of the urgency and exigency felt during a crisis.
We also know – at the risk of sounding parochial – that once we give our legal blessing, the individual policymakers, the operators – good people though they may be – won’t be there. In fact, if the stuff has really hit the fan, we know what will be said: “We never told the lawyer what to say.” And: “We simply asked him/her what was permissible.”
But we also know that we won’t be alone in that imaginary calm, well-lit room – blazingly lit by hindsight. With us will be the reputation of our great institutions, the institutions we love because they do so much good over so many years. We know that damage to the reputation of that institution will cause harm for years to come, as our institution recovers from scandal or allegations of abuse of authority.




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LHP!!!
Whoah-yeah!
Off to inform downstairs and to read the post!
FunnyDiva
LHP!
Hey there, LHP–I so appreciate your posts.
OK, downstairs has been informed.
FunnyD
Hmmm. I’m beginning to think Pelosi and gang, held off on the “contempt” stuff for 3 weeks, as leverage to get the outstanding “requests” of documents before they will consider confirming any new AG. Oh…yeah…I forgot….
Nice post!
There was once a Republican party in MA (and elsewhere I’m sure) with people like Elliot Richardson, Silvio Conte, Francis Sargent, Ed Brooke and others. Today they would not be allowed to stay in the Republican party.
jim oconnor @ 8
Today, they wouldn’t WANT to!
Hi looseheadprop!
Thanks
Do you think they just confiscated or shredded all of Gonzo’s documents before he left???? Do you think they will withhold all documents that are pertinent to ongoing investigations from the new AG and tell him that it is because of Executive Privilege?
Do you think they even left the new AG a stapler?
BTW
I don’t know what I did to screw up the formatting of the Comey speech except. It didn’t look like that when I did “preview”.
I hope it does nto detract from the power of the the prose.
I think I’ve decoded Bush’s “War on Terra.” The pronunciation is deliberate. He’s been telling us all along and we never realized it. The war on terra. Terra. Earth. Bush has been waging war on the whole fucking earth.
LS @ 11
yeah, a Swingline Tot 50
LHP;
I hope Judge Mukasey has the good sense to listen to you.
It would benefit him, our nation and our Constitution immensely.
As always, thank for your sage wisdom, clear prose and impeccable moral compass.
looseheadprop @ 12
thanks for introducing us to his speech!
Somehow, I don’t see Bush/Cheney/Addington/Fielding – confiding in Mukasey about let’s say…Enron…Energy Task force…Abu Gharib….Guantanamo…Domestic spying…torture…
Nah….more like:
Yeah, yeah….say…about those TSP coversheets…um…yeah. Oh, yeah…hmmm? You’re meeting with the Bobs? (Office Space)
David W. Bartoo @ 15
It’s difficult to imagine anyone put forth by the Bush Administration not being a Bush toady. I hope I’m wrong about Mukasey.
Elliott @ 16
Oh Damn! I meant to tpu the link in.
Go to http://www.greenbag.com and the lin to his speech is on the front page. It really is wonderful.
But I like the picture this except paints. :
LAte at night ina command center. High ranking people all sweaty with fear, all ganging up on–the lawyer.
Hard to say no under those circumstances. Dontcha think?
Yes, LHP!
I’d like to see the SJC require a special prosecutor, too!
Bob in HI
PS dear mods, can you fix the font size in the long Comey quote? It seems odd to triple space but then use a font size of 8 or less. Can you maybe switch to a font size of 11 or 12 and double space, or maybe 1.5 space? Some folks like me have a hard time reading “fine print.”
I posted this a few chapters downstairs, it’s more aproprate here
good point, check this out
ok, look at that…the whitehouse is determined to get this guy nominated
why is that?
he seems to us to be an acceptable choice doesn’t he…yet in meetings with the base he is telling them what they want to hear
so, what do they want to hear?
they want to hear that this ag will approve all the decisions that abut torure made concerning the war and concerning the fireings…approve them as precedents
that’s the ONLY way bush can nominate an ag…and this guy MUST have given the president guarantees
ESPECAILLY regarding the laws that were already broken
so, in confirmation, the questions have to be made directly;
1) have you discussed your position on previous decisions made by the ag, have you given any guarantees that programs would be allowed to continue?
2) welll, I don’t have a “2)” or a “b)”or a “3″)”or a “c)” but some of you must
we need to make sure our critters are prepared with the right questions
looseheadprop @ 19
and yet he did!
I really liked the way you set it up the other night…
LS @ 17
THAT is my fear. tat he will give them the benefit of the doubt. Thhat he will see the mere fact that they nominated acmpromise condidate as sign that Buscho is trying to mend its ways.
Further, I am afraid he might think “they wouldn’t dare pull that kind of shit with me”
Which is how he will get punked.
Hi LHP. A great contribution. Thanks
Happy Birthday Bob!
Badwater @ 18
I share your concerns and hope, as well.
Elliott @ 16
Didn’t detract me one whit – you and Christy are my link with sanity by so consistently and beautifully demystifying legalese clearly for we lay readers. Can’t think of any adequate words to properly thank you both.
LHP
Is it more important to get an AG appointed to restore morale at DOJ, or to finish old business?
It seems the DOJ has been leaderless for the past 2 1/2 years, and we as a nation cannot afford another week to pass.
I followed Turley’s arguments, but would also like a functioning DOJ. Or is that just not possible until Jan 2009.
“We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to our selves and our posterity, do ordain and establish this constitution for the United States of America.”
If you swear to uphold this, Judge, please remember that it takes precedence over the “pleasure of the president.” Comey gets it — I hope you do as well.
What a speech!
(((((Mods)))))
perris @ 21
NOBODY, especially me, is suggesting that Mukasey is not a conservative. Make no doubt about it, he ain’t one of us here in lefty blog land.
WHich does no tautomatically make him a hack though.
Also, there is some evil karma wrecking deal afoot. It is obvious that Schumer traded at least one federal judgeship in exchange for this. The USA EDNY jsut got the nod, the WH has literally been waiting for years for her OK.
But there is more in the pot than just one little old District Judge. i just don’t (yet) have a clue what it might be.
Any NY lawers got a guess?
looseheadprop @ 23
Right. I think they will treat him just like they treat Congress. He may get punked, but I’ll bet he’ll be really pissed. The thing is, I think they’ll leave him with no background on anything, and they won’t tell him anything either. Sort of…I don’t recall….I don’t know where anything is…there is no list…and no, we can’t tell you. He’ll be left scrambling for information, trying to figure out what the heck happened. I imagine that he wants the job to find out what happened, just out of curiosity, if anything. All he’ll find will be empty file cabinets, empty suits, and no cooperation from the EO or the OVP office. He’s in for a rude awakening, but he may already realize that.
looseheadprop @ 12
It is very powerful, thanks LHP.
Hey LHP — what’s the inside skinny on morale now that AGAG is a shadow in the distance…?
Weirdness afoot, what with USA-MN Paulose now under investigation, and AUSA-NoFL arrested yesterday for intent to sexually molest a child. Don’t know if this is stuff that was being slow-walked and is now finally getting traction, and if there’s more in the pipeline even with Keisler in upper deck.
???
Pectopah @ 28
At best Mukasey is going to be a faithful and diligent caretaker. he isn’t the sort of towering figure that will inspire AUSA’s all over the country.
He is not well known outside NYC.
So, I vote for subpoena compliance first
OT — BTW, I believe the cover sheets went on the TPS Reports in Office Space (not TSP Reports). Sorry, that’s been bugging me.
LHP: (I think I know the answer but I’ll ask it anyway) Any sense of what Mukasey’s position would be on the issue of legislation granting immunity/limiting liability to the TelCos for post 9-11 illegal surveillance of Americans?
people are returning to the hearing room — fwiw
What about the news about Krongard over on Thinkprogress.
This may be a big one.
SufiLizard @ 36
You are right, but I was making a little snark about the Terrorist Surveillance Program..cause it kinda fit. *g*
jim oconnor @ 8
On the other hand, we are witnessing some folks that have rebelled as best they could. I mean the
We probably will never know their names, but they are unsung heroes anyway. In many cases, there are people quietly doing the right thing. It is happening, but sometimes not as high up the chain so we’d notice. So far we’ve had to rely on baby-steps, one by one…
LHP @ 35
That will take ‘backbone.’
Will sufficient ‘backing’ be forthcoming?
It IS the d’s we are relying on.
looseheadprop @ 31
IANAL
however I have been saying from the very beginning the only way the president can allow someone to replace abu torture is if it’s someone that has agreed not to prosecute and to somehow turn a blind eye to the illegal decisions abu torture made
in my opinion this man HAS made a deal with the president and that question has to be asked directly during the confirmation hearings
I did not have the chance to step up in his court, but from what I hear around the water-cooler is that he is about as independent as anyone the Bushies have nominated ever. And I have to think Rove being absent played a part in that.
LS @ 32
Exactly!
You know, Jim Comey takes a lot of shit in these threads b/c of what happened with Jose Padilla when Comey was USA SDNY.
However, it was BECAUSE he got punked on Padilla that he was prepared for every trick they tried to pull on him once he became DAG.
Further, once he became DAG, he invested a lot of effort in getting the nformation about how Padilla was handled by SDNY de-classified so that his own culpability was exposed.
He not only didn’t try t ohide his mistake. he got it declassifed when he didn’t have to. Just by doing nothing he could have kept his own role hidden.
I’d say that was a bit harder than Washington confessing to chopping down the cherry tree.
hearing’s back on
HJC FISA hearings back up on CSPAN3.
http://www.c-span.org/
perris @ 43
It could also be the reverse…that they assured him he could investigate whatever he needed to…it’s just that they didn’t tell him that they won’t cooperate, when he asks for something. They just lie whenever it suits them. I don’t think a judge of that stature would want to participate in their shenannigans. He may just “think” he’ll get what he needs, but he won’t. It’s all about outer appearances that benefit the “cabal”.
Look, Mukasey brings an excellent resume to his confirmation hearings. So did Elliot Richardson. Yet the Senate Judiciary Committee extracted the exact terms, in writing IIRC, of the appointment of an Independent Counsel to investigate Watergate before they would send his nomination to the floor.
Fielding remembers this, and that is why Mukasey, Schumer’s boy, was nominated.
SA 2022. Restore Habeaus corpus.Calling to ask for Hojoe’s decision. As of 3:40, “The Senator has not made a decision yet. Er. . . He’s been supportive in the past.”
(Uh huh. Kinda like Social Security, right?)”Well you will tell him to vote yes for SA 2022, right?” “Of course.”
Sorry, I have very little faith in the “Senator.”
jim oconnor @ 37
I don’t think I know the answer. I have a pretty good idea why the telcos believe/know they need immunity,but whether Mukasey thinks they should have said NO to the Admin–I don’t know.
In all honesty, the telcos were put in anunfair position. they are private companies. Their government, you know the one that can pull htier liciense? Appeals to their patriotism and sense of fear and says “you gotta do this or we will all get blown up by mean evil …–yadda yadda”.
So, they do it. Later, their own laywers take a look at FISA and other nfty bits of law and get that sinking feeling in th epit of the stomache.
Now what?
These are phone companies, not the ACLU. I’m not saying what they did was right, and maybe they shoulld be punished as a cautionary tale for the futre, but THE BAD ACTORS HERE
ae teh assholes who made the illegal demand sin the first place.
Let’s not put all our blame on the kid who got aheken down for his lunch money by the schoolyard bullies.
OT–
NYTimes drops TimesSelect pay wall Tuesday at midnight
snowbird42 @ 39
I was on the phone today with a buddy of mine who is apretty senior agent in one of the Fed IG’s offices and we were talking about how the IG system is as broken as DOJ and how without a functioning DOJ there is no way for even an honest IG to bring a criminal case.
See how bad this problem has become?
O/t -
Does anyone have the physical mailing address for MoveOn?
I’ve looked thru’ their site quickly and found a form for sending a check but no address to which to send it. May be there and I missed it but if it isn’t, it’s a pretty obvious omission on their part. (And if it *is* there, it’s well buried.)
perris @ 43
That would be the deal. How will the big question be avoided? It will be the elephant in the room. It may come up, but it will likely not be pursued aggressively. Probably go something like the Tillman hearing. Nobody asked the big obvious – how it was that Tillman was shot three times in the head at close range.
Here’s the deal:
No Meiers; no Rove; no e-mails; no documents….
…NO CONFIRMATION!!!
Capiche???
LHP and Bio- see my epu’d comment downstairs. I respect both of you tremendously and enjoy your views.
LS @ 40
Doh! Sorry I didn’t catch that.
perris @ 21
To ask the right questions, you need to read Naomi Klein’s new book, The Shock Doctrine, previewed last night on Democracy Now! Those “conservatives” prolly wanted to know if Mukasey was fully on board with the (Milton) Freedman project.
Bob in HI
Sheila!
Kevster @ 56
that deal is a cop out on our part
here’s the deal as far as rove and meyers;
“you are under arrest for contempt of congress”
me likey much better
LS at 48
I think that is the more likely scenario. Pretend to let him actually do his job and see how long it takes him to catch on that he is being used as a beard.
So, let’s see if the New Yorker’s innnate ability to distiguish a real watch fro fake will give him hte Spidey Sense he needs to catch them at their tricks.
looseheadprop @ 62
Maybe…he’s a mole for Schumer and Co. Beware….
I apologize for being OT, but since folks are calling their reps today, this seems important to address (quote taken from Amy Goodman’s Democracy Now! program today. She had IAEA head Mohammed ElBaradei on the show):
No Dems allowed to rush to more war!
I just made my follow up call to Sen. Craig’s office.
The woman I spoke to (AJ wasn’t around) told me “We just don’t know how the Senator is going to vote on anything until after he votes.” I said, well that must make it hard for you to do your job. She explained that until he’s on the floor he wouldn’t know what attachments there would be to a bill that would affect his decision.
I asked if he gave them any information as to what his intentions were regarding a vote. And she reiterated that there was just no way to tell.
Hmmmmm.
Good advice, lhp.
Unfortunately, those without an ingrained appreciation for the individual liberties enshrined in our Constitution (including the capability of free individuals to come together to work, openly and cooperatively, for the common good and for the common defense when the occasion requires without first obtaining “permission” or direction from the police powers of the government) – but who instead exhibit an authoritarian love of control – will be very resistant to taking Jim Comey’s hard-earned lessons to heart, I’m afraid. And at this point, Judge Mukasey strikes me as a lover of power and control (and perhaps of the “Exceptional” American doctrine excuse for violating international law) more than someone who fundamentally respects the view of human nature and the purpose and role of government that those who crafted our Constitution fought for and established as the foundation of this nation.
OT Update on the action in the Senate:
1. Harry Reid just spoke – at 3:20 p.m. – to urge Senators to come to the floor to debate the habeas amendment. A ‘very important’ matter, whether in favor or opposed, he said.
2. Much more importantly, Harry Reid also just stated that he has directed the floor staffs of both parties to work to create a “sidetrack” unanimous consent agreement for Iraq-related bills that would thus not be made a part of, or amended to, the FY 2008 Defense Authorization Bill. The aim would be, Reid said, to agree to a “finite number” of Democratic Iraq bills and an equal number of Republican Iraq bills (whether 60 votes will be required for passage of each bill may also be a part of the UC being negotiated, I assume, but Reid didn’t say).
Reid indicated that only if agreement on such a “sidetrack” UC is not reached, will Iraq bills be offered as amendments to the Defense Authorization Bill itself. The Republicans, of course, have every incentive to reach the “sidetrack” agreement Harry Reid is so helpfully offering them, so that the powerful leverage that the Defense Authorization Bill represents will not be available to the Democrats [leverage in anticipation of a veto by Bush if the Democrats get any Iraq amendments added to that bill, by forcing Bush to veto the overall, massive Defense Authorization bill in order to stop individual amendments - rather than picking them off one by one, as a “sidetrack” UC will allow].
This is the course of action Reid telegraphed last Wednesday to a reporter, and it is now being implemented, if not actually a done deal.
Yet, still there is time: Because until it is offered on the floor and passed without objection just one single Senator can derail any such “sidetrack” UC agreement that intends to prevent Iraq-related bills from being amended to the Defense Authorization Bill (which sets our nation’s defense policy for FY 2008). They don’t need to wait for Harry Reid and Carl Levin to do the right thing. All one principled senator needs to do is to tell Reid right now that objection will be heard if he tries to shunt these vital Iraq votes effectively into irrelevance in this manner…
Laura Doty @ 64
Combine that with Abuzaid’s remarks….they are trying to stop Cheeeneee.
McConnel just said (with regard to 9/11) that they had been so focused on International Issues that they became separated from domestic issues.
John Conyers said it translates to neglegence.
I’m sure we’ll hear more about this.
kdh22 @ 57
The front page is not taking sides in the primary, and I intend to support the Nominee of my party (though I gotta tell you, Ron Paul makes my day more often than not–the guy just seems to be addicted to telling the truth at the most inconvenient times.)
Nonetheless, even after years and years of supporting The WHite House Project (to elect the first woman president) I find myself profoundly disappoonted by botht he first viable woman presidential cindidate and by the first woman SPeaker (who could become presdient in certain circumstances)
Elliot Richardson. Want to throw my switch in the positive direction? Talk about Mr. Richardson and William Ruckelshaus. And not incidentally, John Dean.
As an aside: On Monday, the American Civil Liberties Union filed a brief in court Monday calling Sen. Larry Craig’s bathroom bust unconstitutional.
looseheadprop @ 51
You don’t get to be a top lawyer at a telecom unless you know the communications laws up, down and sideways. (And you know that only the top lawyer was brought in on this.) That means knowing when, where, and under what conditions you give up information to the government. IANAL, but I can’t imagine any other condition at the top of the list other than “upon presentation of a valid warrant, signed by a judge.”
Yes, the government made unfair demands — but to let the telecom companies and their lawyers off the hook for going along with them does not necessarily follow.
demi @ 65
The staff really have a roundabout way of saying, “no.” But it’s an exercise. And a good one I think. I think I would rather be calling Craig than Lieberman. Lieberman is a squirrely master at equivocation with squirrely staff.
Now I need to go take a mental shower.
Exsqueeze me.
looseheadprop @ 69
Ron Paul is a traditional libertarian, for all the good and ill that statement provides.
I will resist the temptation to go after HRC this afternoon. But, the same does not apply to the Speaker. Pelosi, you let us… in this house, down. Dramatically.
dakine01 @ 73
a libertarian believes in nothing but the market…they want roads owned privately, schools, water works, parks, everything
as far as a libertarian is concerned, any government service makes that government soc*al*st and they are oposed
looseheadprop @ 51
i agree the people who asked/bulling the telcos into breaking the law are more culpable than the telcos themselves. but that doesn’t remove the responsiblity that the telcos have to follow the law and protect their customers.
also, it’s possible that the telcos did some kind of quid pro quo… like, sure we’ll break the law for you, but we want something in return (like favorable regulation or defense contracts).
and let’s not forget that one telco, Qwest, said no. and i’d really like to know if Qwest CEO Joe Nacchio’s subsequent prosecution for insider trading was influenced by his refusal to participate with the warrantless spying program without a letter from the AG.
Peterr @ 71
I’m not. I don’t think they should get retoactive immunity.
But immunity for hte telcos become YET ANOTHER bright shiny object
because
now we are focusing on the telcos behavior insted f Bushcos behavior, which is the more evil of the two.
Sigh
Badwater @ 18
The conclusion I’m coming to is that he’s as close to not being a toady as we have any reasonable expectation of from this administration.
I was wondering, wouldn’t it help if we start confirmation of the nominee, Mucasey, by really asking the hard questions of the candidate. What does he think about executive privilege vs congressional oversight (the congress’
rightneed to know,) Contempt of Congress, inherent contempt, NSA wiretapping, NSL’s & private companies that give out confidential information without the permission of their customers, the government’s need to know vs the citizen’s civil liberties, and the danger of temptation for the government to misuse or abuse the access to details on every aspect of all of our lives, the importance of habeas corpus, torture, indeterminate detainment of suspects, etc, etc, etc?Then, couldn’t we still wait to vote until to approve him, but hopefully armed with his own words on how to legally get a recalcitrant president’s cooperation and a release of the documents they need?
perris @ 75 is being moderated for some reason…please to clear
“Craig then stepped into the senators’ dining room on the first floor of the Capitol. On the way he passed a visibly surprised Sen. Lindsey Graham, R-South Carolina, who gave Craig a big welcome back handshake.”
I’m glad you’re back too Lar. Sometimes gifts happen. And your return might just prove to be one.
Wait a minute. McConnell says he declassified information based on his own judgment. He says that the President has delegated that authority to him.
How so? The President could declassify something to McConnell, but I don’t think McConnell can just randomly declassify something according to the declassification EO. Wasn’t that the big claim Cheney said he had special authority to do, but didn’t or something? Am I wrong?
looseheadprop @ 77
I WANT them prosecuted though, I want all corporations to understand that they CANNOT break the law…just because someone in the administration asks them to
Just a quick drive-by to report that I called my congresscritters “Diaper” Dave Vitter and Mary Landrieu. Had to go to voicemail with Vitter (the wanker) but left a message thanking Landrieu for supporting habeas. After getting slapped down yesterday maybe Vitter is keeping a low profile.
Selise at 75 said it better than I can
I hope the Gentlelady of Soccer understands that I’m not trying to OT her frontpage, merely following through with the HC calls and the continuing HJC hearings on FISA.
:)
LS @ 80
YE GODSSSSS!!! More super secret double secret probation INSTA DECLASSIFICATION!!!
Woohee. Apging Scooter Libby. Paging Scooter Libbyt to the courtesy phone
pow wow sez:
Yet, still there is time: Because one single Senator can derail any such “sidetrack” UC agreement that would result in Iraq bills not be amended to the Defense Authorization Bill. They don’t need to wait for Harry Reid and Carl Levin to do the right thing. All one principled senator needs to do is to tell Reid right now that objection will be heard if he tries to shunt these vital Iraq votes into irrelevance in this manner…
What in God’s name is wrong with Harry Reid? Perhaps a better question is: What is right with him? Why does he always want to give away the farm?
check this out, cnn needs to be set straight cause they have it quite backwards;
gleanerage]
dakine01 @ 73
Ron Paul is in the same (but different) boat with his party as Kucinich is with his party. IMO both of them should be heralded for their efforts. Both add a needed perspective to this race. The “What Could Be But Never Will Be” perspective.
kdh22 @ 88
Yes, good point!
Ron Paul seems to be popular with the conservatives I know.
“AG nominee Michael Mukasey enjoys an excellent reputation as a tough, fair federal judge who has not always rubber stamped everything Bushco wants to do …”
So, on other occasions he HAS rubber-stamped BushCo?? Sorry, but I’ll only MARGINALLY trust this guy. He wears the wrong uniform…thus, in my book, he’s not ever to be fully trusted.
And, as usual, I’m just not the biggest fan of Comey. He’s never apologized to Padilla, face-to-face, for throwing that man into a torture chamber here on American soil. Maybe Comey has principles….but he has no manhood. A Real Man would go look Padilla in the eye and apologize for what he’s done. Comey won’t.
I’ll put my faith in a Real Man any day of the week over some wine-sipping, intellectual-ivory-towered “principled” boy.
Hopefully this new boy Mukasey will learn how to be a Man. We’ll see.
Ghostman
demi @ 85
That would be Rugby, not soccer.
perris @ 81
a good reason, imo, for prosecution is that it helps protect us in the future by preventing a repeat of the warrentless spying – if companies think they will be held responsible, they are more likely to say “no” at the begining if they are once again asked to do something similar.
p.s. thanks LHP
looseheadprop @ 86
You’d think they’d learn. Good grief.
looseheadprop @ 86
I think the questioning from the Dems just got him to come right out and say it. I don’t even think he realized it. Crazy! This could become an “issue”.
But, there’s a ball and feet involved?
(hanging head.)
So sorry.
I’ve said before, the only thing I know less about than Economics is Sports.
Mukasey is an adviser to Rudy Giuliani. Does that make Mr. Mukasey apolitical? As in not a political hack.
demi @ 95
Quite alright. We’re not all sports mavens here. Anyway, I think it’s the one where you dribble the puck over the net.
:-)
Oklahoma kiddo @ 79
Friendly guy that Lindsey!
LS @ 81
After you get that “special yabba-dabba do secret handshake” from Junya or Deadeye, you are allowed to declassify anything, particularly after the fact when you didn’t beforehand.
BTW, that also comes with a lifetime mulligan exemption so you can do everything over.
Oh, puck it.
I’m going out to work in the garden.
‘Tis been a long morning on the phones and watching the hearing.
Fresh Air.
Would someone please ask Hillary Clinton to stop coming up with health care “reform” plans that are less attractive than the dysfunctional system she proposes to replace?
http://www.thenation.com/blogs…..pid=233626
demi @ 85
Although I am a soccer mom, a Looseheadprop is a rugby position. Kinda simliar to a lineman in gridiron football.
And I do’t mind OTs, especailly when they are in a good cause like resoring habeous corpus
They are catching them on the definition of a “Non-American” who is outside the United States…i.e., a person with a green card….?????
Does a person with a green card outside of the U.S., have protections under the Constitution…do you need a warrant?
Wording says, “any person”, outside of the US, can be spied on without a warrant. So, they could have spied on Pelosi, Kerry, Kucinich….while they were overseas????
Hmmm…interesting.
peanutbutter @ 97
707 !!!!!!!!!!
Mukasey presided over the multi-billion dollar insurance claim lawsuit by Larry “Pull It” Silverstein over the destruction of the World Trade Center on 9/11. Funny his name should come up for AG just when the 9/11 truth movement is starting to get some legs. This administration never does anything that will not promote its nefarious agenda. Be very afraid.
tomass @ 106
How did it pan out for Silverstein?
It sure doesn’t help Leahy’s efforts that so many Congresscritters are now all sqwaking over having received subpoenas in the Wilkes case. *sigh*
Nice piece and the Comey quote is nice prose, but I’m not sure that Mukasey, who appointed Padilla’s lawyer and allowed a right to meet with counsel OVER the joint objections of Comey and Clement, necessarily needs that particular role model.
In turning down the Clement/Comey request that Mukasey treat his initial ruling requiring a lawyer for Padilla as merely an invitation to a dialog, Mukasey fired back,
I bet he’s good to go on scepticism without a pep talk referring him to people who tried to strongarm him depriving a US citizen of any right to counsel at all – but then, I’m a rube (I like the ring of Avenue of the Americas so much that I’d probably say it anyway).
I hope they accomplish something worthwhile with the nomination hearings, but I have to say – having Keisler in charge as AG – right when the GITMO doc production is being required and the Hepting case is under consideration with a ruling possibly out shortly – well, I’d typically think better Mukasey than Keisler, but I’ve pretty much ended up thinking that it’s not going to matter much. Make a “tough” deal with Mukasey and Bush won’t let it go through. That simple. He’ll withdraw the nomination if he has to – what skin is it off his nose? He has Keisler and impeachment is off the table.
Look too long and hard at DOJ and you become a pillar of salt.
looseheadprop @ 102
Is *that* what a loose head prop is??
I always wondered about the nome de plume, but didn’t realize it was sports! :-)
I’m remembering Bolten’s intercepts…perhaps via AT&T????? Maybe that is why they need immunity.
Ghostman @ 91
I have no clue whether they have ever met face to face or not, but on what knowledge do you assert that Comey has never apologized to Padilla while looking him in hte eye man-to-man?
Do you actually know that? If so, how did you come by this knowledge?
If Mukasey is the best person for the job, then we’re hurting.
demi @ 96
Ball and feet—laughing till tears come. that was great!
Oklahoma kiddo @ 111
Well said.
hackworth @ 107
Oklahoma kiddo @ 111
Preznit Boosh does the nominating. Of course we’re hurtin’. He’s not going to nominate someone we like… best we can hope for is someone who appears to be reasonably competent…
tomass @ 115
I believe it was 4.5 billion. But I heard somewhere that Allianz is holding out on paying.
Oklahoma kiddo @ 97
I’m political. I write for FDL. I have worked on the campaigns of those I believed in. I even briefly ran for office myself.
Does that make me a hack?
You are poliitcal, You comment on FDL, you call your congresscritters, you worlk for causes you believe in,
Does htat make you a hack?
I draw a line between a person who is poliitcally aware and active, and one who puts party abhead of country or rule of law.
To me, the latter is a hack.
Oklahoma kiddo @ 112
he’s clearly not the best person for the job but we have been beaten so badly with bad nominees that what was once unacceptable has become what looks like water in a desert
so here’s the question boys and girls;
are we in battered wife syndrome?… and this guy just doesn’t batter us as much as the previous and that’s why we are ok with him?
if this were any other president, would this guy have a chance of getting the nod?
speaking of the morale at the DOJ:
yellowdog jim @ 79
no coverage of this on the tee vee.
how come?
Mary @ 108
Mary is BACK!
I missed you.
looseheadprop @ 121
times 2
LS 80 – with the new “intelligence czar” I’m not sure how the Order works or if they amended it to take into account that position, but the way it DID work, he could conceivably – if you really stretch things – have been ok.
Under that, you have a system where an agency head (and I’m guessing you’d now say McConnell is all the intel agencies’ heads’ head?) could declassify what his dept classified. To do it off the cuff, no procedures followed, etc. you would probably need to fall under the exceptions for it being for a pressing public/national security interest to do it like that.
The bigger problem, though, is that the Exec order is just that – not a Congressionally enacted law. So it is an order by the “boss” of the Exec branch as to how they are going to do things. That boss has pretty much carte blanche to decide how arbitrarily and capriciously to enforce that Order.
peanutbutter @ 116
Its not a pressing concern to get a new AG. Let him just go without one. He will cry, but the public will understand. The activities he wished to pursue (and did) were so bad that (conservative hardass) Asscroft wouldn’t go along. The he tried to pawn off the obviously underqualified toady Miers. Then he got his real estate atty from texas to do his wet work. Let him go without. No confirmation is necessary unless Leahy gets all the goods (and that ain’t gonna happen).
Oklahoma kiddo @ 112
OK KIddo–hurting is an understatement.
Our system of justice is broken. our army is broken. Our homeland security is non existant.
I never said Mukasey was THE BEST for the job. I said he had a good reputaion as a judge, was not an obvious hack, and htat he was confirmaable.
I am a much smaller target than you might imagine, sweetie.
Ball and feet—laughing till tears come. that was great!
Made you laugh?
So, Good.
Makes up for my butt hurting from sitting in this wooden chair all day. Maybe I should invest in a nice, cushy desk chair.
looseheadprop @ 121
No sooner that someone says “super secret double secret probation INSTA DECLASSIFICATION” and look who pops up! Good to see you again, Mary!!
(Of course, that same phrase probably also sent emptywheel headed for the weeds. . .)
1,602 DAYZ AND THE KILLIN’ GOEZ ON AND ON AND..
Citizen oklahomakiddo:
“If Mukasey is the best person for the job, then we’re hurting.”
Indeed!! We been hurtin’ for a LOOOOngtime in this country, brother kiddo, so long that the analgesic of football, soft porn and fatburgers doesn’t begin to work anymore.
That’s why it’s so important,as it relates to this nomination, for there to be an Elliot Richardson process with gettin’ the Special Prosecutor nailed down in writing and holdin’ up the nomination until the fascists tell us that the subpoenaed documents don’t exist.
KEEP THE FAITH AND PASS THE AMMUNITION THIS IS JEST A SKIRMISH, THE BATTLE IS GOIN ON OVER THE HILL!!
looseheadprop @ 118
I’m not running for office, and I am not attempting to be the chief law enforcement officer of the most powerful nation on Earth. And coming off the Gonzales fiasco I am of the opinion that we need a non-political adiser to be the AG. I would say the same if Mukasey were advising any of the Democratic candidates. Can I be clearer on this?
perris @ 119
ANy other cnservative republican president?
Yes, than I believe he would. he has a nice resume
my mistake
Mr. P has a new one upstairs.
Pectopah @ 28
This “old business” is essential to having a functioning DOJ again; it’s not a side issue. Gonzales may have been in charge of the undermining of Justice, but he didn’t do it alone, and his resignation and replacement with someone competent, whatever his merits, doesn’t make those problems irrelevant. We (and Congress) not only need it to be fixed, we need to get it all out in the open so we can clearly state what is unacceptable and should never be done again.
In fact, I would say that it seems the DOJ has been leaderless for the past 2 1/2 years, and we as a nation can afford another week (or more) to make sure the job is done right.
Be nice.
Go upstairs.
Can I be any more clear?
Rayne @ 34
AFAIK Morale sucks
demi @ 134
Hey, I wrote a whole two paragraphs! I don’t write fast, so the new thread wasn’t up before I posted.
You were quite clear (and clever), but I couldn’t see your clarity until I was done writing.
Sweetie?
And anyway, I don’t have to go upstairs! I can stay here in EPU land talking to myself for as long as I like! *g*
:-P
Redshift.
I was speaking to someone who was being argumentative to LHP. And, pedantic.
No no no, it ain’t you babe. :)
I’ll talk to ya, Redshift.
me 2.
Waccamaw @ 140
So, what’s your handle mean?
I always think of that stupid Wacacaw thing that whatisname said…sorry, my brain just does that.
So, when you tell me, my brain will fix.
I try to watch for your stuff lhp bc I always learn things and usually smile. And sometimes even get a little more optimistic. *g*
Redshift @ 133
This is a very elegant statement of the problem. It’s not about Abu, it’s about making DoJ a functioning department again. That’s not going to happen just by appointing a new leader and leaving the rot in place.
Complete non-sequitor, but I took a quick look at the Iraqi Constitution this morning in Re: the Blackwater stuff and they set up the prosecutors office in the judiciary and prevent prosecutors from being a member of a political party. Just an aside.
Mary @ 145
Link?
Sounds interesting.
demi @ 139
I didn’t actually think you were, I was just being funny.
Cujo359 @ 144
in fact, maybe someone else has said this, but I suspect one of the reasons for going with a “reasonable” appointee instead of Hackster General Olson was the hope that doing so would, in fact, enable them to sweep all the rot under the rug and spew a lot of pious bullshit about “moving forward” at DOJ.
looseheadprop @ 111
You’ll find the public record devoid of any alleged meeting between Comey and Padilla. The public record is silent. Comey has not ever met with Padilla and apologized.
If you have evidence to the contrary, then bring it forward. But you don’t….so you won’t.
Ghostman
Waccamaw @ 140
I appreciate it, but really, I just thought it would be funny to play “uncooperative toddler” to demi’s “mommy.”
Thanks for sticking around to see my EPU’ed comment, though; I thought it was pretty good.
demi @ 142
Waccamaw =
Lovely dark lake in SE NC; also river flowing from lake thru’ the lowlands of SC to the Atlantic. Also native Indian tribe found in the area. Grew up not far from it and when I started hanging out at *the* Lake, thought it appropriate. Didn’t realize at the time, tho’, that it was non-gender specific which has turned out to be both a blessing and a curse. *g*
Waccamaw @ 151
Cool!
Pedantic? Wait. I’ll have to look that up.
Anybody still here?
CNN now covering the business wrt Mr. Henry’s letter.
Redshift @ 152
Very cool! And, now my brain is fixed.
Re the non-gender thing. I was once accused of of course being a guy, ’cause no woman would say that. Ha!
Scalia, Roberts, Thomas, Alito, Gonzales, and now Mukesey.
I like the nongender thing. I guess wrong lots of times–giving me a chance to look at my biases.
Waccamaw is a beautiful name and I like how it fits with the lake.
kdh22 @ 89
Before we get all gooey about Libertarians, please take note of Naomi Klein’s book on The Shock Doctrine. The Godfather of Libertarians and Neo-cons was Milton Friedman. He basically said that the ONLY legitimate government functions were (1) Police (to keep you and me in line) and (2) um, not sure what #2 was. Maybe printing money. When whozzit said Republicans wanted to make government small enough so you could drown it in a bathtub, he was speaking as a Libertarian. From their point of view, the Constitution has a lot of unnecessary crap in it. Most Libertarians were followers of Ayn Rand, and even though they don’t talk much about that in public now, they still are.
The reason for the NOLA disaster is that they really don’t see it as a Government responsibility. They only said nice stuff in order to keep us from open revolt. Cutting taxes for the rich is only part of their tax program. They really want to eliminate taxes altogether. All of them.
So, yeah, its nice that Ron Paul is against the war. But the rest of what he’s against worries me.
Bob in HI
Does anyone else fear that the Bush Admin is out-playing us again with the AG nomination of Mukasey? I’m sure they’d prefer to keep Jim Comey in charge for as long as possible, knowing he’ll continue to stall on subpoenas and protect everyone in the White House. Putting out a semi-viable candidate at least to the Democrat’s eyes, then having that candidate rebuffed by their own Republicans (probably what the advance meet & greets were really all about), will just play out the clock, while letting the Bush team appear “reasonable”.
Peterr – way way EPU’d
http://www.washingtonpost.com/…..01450.html
Scroll down to Chapter 3, The Judicial Authority.
Badwater @ 18
Yer not wrong. He’s a toady, and the centrist dem’s are already caving in to Mukasey as even being ‘acceptable’ for consideration.
Feh on this party’s Thugs In Sheeps Wool.
Pectopah @ 28
IANLHP but IMHO the DOJ needs to be burnt out, firehosed clean with antiseptic and flushed with some kinda agnostic holy water and THAT will need to be done by the next progressive leadership come ‘09.
For now, ‘we have unfinished busines’ us progressives do, with the present leadership and it’s hacks. If we fail to take the present bad guys to task, the DOJ being leaderless won’t matter squat, the damage done will go into the history books as defacto precedents set in stone harder than the one Merlin buried Excalibur in.
looseheadprop @ 31
Your thread post, and this, are off the hook.
Yer on a roll tonite, has anyone offered to pay for yer dinner or buy you a few rounds? Great stuff . . . and thanks.
Biodun @ 52
(sotto voce) woo hoo
Peterr @ 71
If you admit they were pressured unfairly by the government then you’re so much as admitting they wouldn’t have done it in normal circumstances and that they are therefore not guilty.
But, as you say they did something, so they should pay some penalty.
I’d say that the penalty should not be terribly large in any event, but that if they cooperate in revealing what the government was doing or what pressure was applied or in other ways that the penalty should be much less, perhaps only a slap on the wrist.
Opposing *this* particular administration would be difficult for anyone.