Politics

Bush: My A.G. or the Highway

pO157.

Posted to Politics on Fri Nov 02, 2007 at 02:36:30 PM EST (promoted by port1080). RSS.

President Bush reacted to the trouble his nominee for the position of Attorney General had gotten into by stating that if his candidate is rejected then the Senate committee responsible for judging nominations would have "set a new standard for confirmation that could not be met by any responsible nominee for attorney general."

Initially, Judge Mukasey was seen as a smart choice for Bush to fill the head justice slot after the resignation of Alberto Gonzalez. He had held high ranking judicial posts and presided over the 1995 trial of terrorist mastermind Sheik Omar Abdel Rahman. Labeled a moderate republican, he had certain traits believed to make him a good compromise candidate such as initially ruling that then "enemy combatant" Jose Padilla should be allowed a lawyer.

However, after being accused of waffling tough questions on torture of prisoners his almost certain approval in the Senate Judicial Committee appears to be faltering. President Bush called reporters into the Oval Office for a rare informal conversation in which he reiterated multiple times that "[people have] lost sight of the fact that we're at war" and said that quickly filling the position is critical to the War on Terror.

In later remarks to the Heritage Foundation Mr. Bush seemed to imply that if Judge Mukasey was not confirmed then the AG slot would remain unfilled.

"If the Senate Judiciary Committee were to block Judge Mukasey on these grounds, they would set a new standard for confirmation that could not be met by any responsible nominee for attorney general. That would guarantee that America would have no attorney general during this time of war."

Despite the early announcements of a few key Democrats many believe Judge Mukasey would get at least 70 votes if brought to the full floor of the Senate he needs to get through the Judiciary committee first, which appears dicey at this time. Analysts are unsure if Mr. Bush would attempt to circumvent the Senate confirmation process by naming a new Attorney General by recess appointment or simply allowing an official to take the job over in a long term "acting" status.

Currently Peter D. Keisler (former Assistant Attorney General of the Civil Division of the Justice Department) serves as Attorney General in an Acting Capacity. His position is one of three cabinet slots that remains unfilled.

Tags: edited by Port1080, written by pO157, Mukasey, Attorney General, U.S. Senate, Bush (all tags)

This story: 9 comments (0 from subqueue)
Post a Comment
1

Question:

MayorBob.

Fri Nov 02, 2007 at 05:11:00 PM EST

5.00 (astute)

What sort of thinking person -- a person you would want to be the top law enforcement official in the entire US -- can possibly go in front of Congress and the nation and express uncertainty whether waterboarding is torture?  Is there a hardcore element among conservative lawyers who believe waterboarding just might possibly be an Olympic sport?

And Bush's response that the questions are unfair?  Is this supposed to be the confirmation hearings for Attorney General or the opening round of Jeopardy (I'll take intense interrogation techniques for $200 Alex)?

Illegitimi non carborundum.

5

^ 1

Re: Question:

zyxwvutsr.

Sat Nov 03, 2007 at 09:16:31 AM EST

none

What sort of thinking person -- a person you would want to be the top law enforcement official in the entire US -- can possibly go in front of Congress and the nation and express uncertainty whether waterboarding is torture?
That'd be your new Attorney General:
Michael B. Mukasey appeared on Friday to be all but assured of becoming the nation's 81st attorney general when two Senate Democrats broke ranks and said they would support the retired federal judge to head the Justice Department.

While acknowledging serious concerns about his views on interrogation techniques, Sens. Dianne Feinstein of California and Charles E. Schumer of New York said they would vote to confirm Mukasey when the Senate Judiciary Committee takes up his nomination to succeed Alberto R. Gonzales on Tuesday

4

Traitors

Shy Elf.

Sat Nov 03, 2007 at 08:54:19 AM EST

5.00 (astute, astute)

First of all, having a serious debate about whether one of the three favorite tortures of the Spanish Inquisition is really torture or not seems rather nonsensical.

The answers that really bother me, however are his answers about executive privilege, to which he has essentially said that the president can ignore any law which he doesn't like.  In my opinion, anyone who favors such a view, as well as anyone who would vote for an Attorney General who espouses such a view is a traitor to the Constitution.  I would dearly love to see at least one Senator stand up and denounce them as such, but it won't happen because Democrats are wimps.

8

^ 4

Re: Traitors

ThePlague.

Mon Nov 05, 2007 at 11:57:56 AM EST

5.00 (astute)

I have to wonder how the tune will change about executive powers if Hillary gets elected.   I don't particularly like her, but that's one reason I relish the possibility of her becoming president:  the extreme about face on the question will be amusing to behold.

9

^ 8

Re: Traitors

pO157.

Mon Nov 05, 2007 at 03:28:51 PM EST

none

The past few years have been quite ironic. Democrats complaining about unchecked expansion of executive power? Who would have guessed that would happen?

Sadly I have little faith in any meaningful changes being made to curtail that even if the dems manage to get all 3 branches back. I could see them taking the whole benevolent ruler tack and saying "Who cares if the laws are still on the books? You trust us, right? We can't be as bad as Bush so there's no need to repeal anything."

Spread it on!

2

But... but... but...

pO157.

Sat Nov 03, 2007 at 07:38:54 AM EST

none

But we water board our own people in training for if they get captured by terrorists or the other side. So how can it be torture if we do it to our own people?

Yeesh.

Spread it on!

3

^ 2

Re: But... but... but...

Shy Elf.

Sat Nov 03, 2007 at 08:39:13 AM EST

4.00 (informative)

Here's a good article about this training turned into our torture instruction classes.

6

^ 3

Re: But... but... but...

pO157.

Sat Nov 03, 2007 at 11:27:39 AM EST

none

Scary, scary stuff. I wonder how historians will remember this in 50-75 years?

Disputes over these shenanigans once everything comes out will probably make the debate over whether or not Truman should have authorized the use of the atomic bomb on Japan look mild.

Spread it on!

7

^ 6

Re: But... but... but...

Shy Elf.

Sun Nov 04, 2007 at 03:52:42 AM EST

none

I expect that historians will mostly remember it as part of the "War against Terror" which along with Iraq was the two principal distractions which most contributed to keeping the United States from dealing with dealing with the peak oil energy crisis in time to avoid the second great depression.

I'm not sure that the atomic bomb is a particularly relevant comparison.  The use of the atomic bomb was not controversial at the time and has become so only in hindsight.  The government use of torture is controversial now and will be almost universally condemned in the future, at least until the time comes around when it is used as a precedent.  This will place it historically somewhere between the Japanese Internment and the Alien and Sedition Acts.

Looking at some the court decisions, particularly in the Padilla case, you really have to go back to some of the cases involving the right of slaves to contest their status as slaves to find as bad or worse abridgments of constitutional rights allowed by the courts.

Torture in POW camps really isn't all that unusual, but the U.S. likes to thinks of itself as better than other countries, and that's hard to do with the top government officials openly advocating torture.  I can't come up with another example of U.S. officials ever being stupid enough to advocate torture openly before, though certainly sponsoring it by proxy hasn't been unusual, and on occasion the military has looked the other way well up the chain of command.

There are some commonly held misconceptions about Guantanamo.  Real torture at Guantanamo, while not especially uncommon is more the exception than the rule.  The government likes to talk of the prisoners there as the "worst of the worst,", but if you read a bit of the detainee status hearings materials, it becomes clear that the majority of the people there are ordinary Taliban foot soldiers, with a scattering of people who regard themselves as Jihadis, as well as a scattering of people who were just in the wrong place at the wrong time or were turned in by an anonymous informant with a grudge against them.  Taliban soldiers were the official army of a government, and are legitimate prisoners of war but are not terrorists, and never took orders from Osama bin-Laden or other terrorist groups.

The government tries to give the impression that the people held in Guantanamo are the subject of intense investigation of terror cells, and while this is true in a few cases, reading the detainee status hearing transcripts makes it clear that the majority of people in Guantanamo have just been dumped there and forgotten, without doing any of investigative work at all on them.  Evidence against them, including that which they were carrying when captured has usually been lost.  In most cases, the most cursory investigation of them reveals that there never was any reason to believe them to be part of a terrorist organization.  The political desire to equate the Taliban with Al-Quaida doesn't allow differentation between the two, and this means that the military labels them as "enemy combatants" or not, and doesn't differentiate them into "Taliban prisoners of war" and "terrorists and terrorist supporters".  Partly as a result of conflating these two groups, even in those cases where it is clear that the prisoner supports terrorist actions against the U.S., usually no investigation has been undertaken to use their capture to track down other potential terrorists.

Guantanamo has been the showcase jail of the C.I.A. secret jail system for years, and this has somewhat reduced prisoner abuses there.  Conditions in the other C.I.A. jails are considerably worse.

I see it as more likely than not that high U.S. officials will be indicted for war crimes in Europe, but of course popular sentiment and elections are hard to predict.  We already have C.I.A. Agents on trial for their official duties.




Your link about the use of the atomic bomb is interesting, but it dodges questions about the choice to demand unconditional surrender.  I tend to go along with the camp which believes that the use of the atomic bomb was not necessary because even before it was used the Japanese were willing to surrender on the terms eventually offered them, even though they were not willing to surrender "unconditionally".   On the other hand, I believe that once the decision to demand unconditional surrender was made, its use became the correct decision from the U.S. point of view.

One thing that people often don't keep in mind about the Nagasaki bomb is that that was the last bomb that the U.S. had ready, and that they were producing only one every  2-3 months, so that they were essentially trying to bluff that they had an unlimited number available by showing that they didn't mind using two of them in a short time period.

I reject the argument about scaring Russia.  The hardest part about building a nuclear bomb is simply believing that it can be done.  Germany were well ahead of the U.S. in constructing one before they scuttled their project as unrealistic.  Of course there's still some difficulty in getting a high yield explosion instead of a "fizzle" like the North Korea test, but once a technologically sophisticated country like the U.S.S.R. seriously sets to work building a bomb, they're going to succeed, so the best strategy, (assuming that you don't know that the secret is already out, which it was) would be to keep it secret that you have one at least until you really needed to threaten someone.

This story: 9 comments (0 from subqueue)
Post a Comment