An Historic Betrayal

Jesus said:

If you then being evil, know how to give good gifts to your children: how much more will your Father who is in heaven, give good things to them that ask him?

All things therefore whatsoever you would that men should do to you, do you also to them. For this is the law and the prophets.

In other words, we should waterboard the shit out of each other.

Actually, I don’t know if waterboarding normally causes involuntary bowel movements. What I do know is that the U.S. Senate is about to confirm a man as our chief law enforcement officer who will not admit that waterboarding is torture.

I also know that that is not the primary problem with Mike Mukasey. When he was questioned about the legality of violating the FISA law, Mukasey suggested that the president could ignore the law: “The president doesn’t stand above the law. But the law emphatically includes the Constitution.” Leahy responded, “I see a loophole big enough to drive a truck through.” No matter…they moved on.

And it only got better:

…when asked about contempt charges against witnesses who refuse to respond to congressional subpoenas, Mukasey said he would refuse to follow the statute that requires a U.S. attorney to refer contempt citations to a grand jury.

John Dean notes some similarities between our current situation and the Watergate era, and then concludes.

Since Judge Mukasey’s situation is not unlike that facing Elliot Richardson when he was appointed Attorney General during Watergate, why should not the Senate Judiciary Committee similarly make it a quid pro quo for his confirmation that he appoint a special prosecutor to investigate war crimes? Richardson was only confirmed when he agreed to appoint a special prosecutor, which, of course, he did. And when Nixon fired that prosecutor, Archibald Cox, it lead to his impeachment.

Before the Democrats on the Senate Judiciary Committee completely cave-in to Bush, at minimum they should demand that Judge Mukasey appoint a special prosecutor to investigate if war crimes have been committed. If Mukasey refuses he should be rejected. This, indeed, should be a pre-condition to anyone filling the post of Attorney General under Bush.

The Judiciary Committee is so far from asking for a special prosecutor that they are overlooking Mukasey’s express refusal to enforce their subpoenas. Sens. Schumer, Feinstein, and all the Republicans are going to ratify the Attorney General’s right to ignore their subpoena power.

I don’t think I’ve witnessed a more dispiriting political event in my lifetime. But I am sure there is worse to come.

Author: BooMan

Martin Longman a contributing editor at the Washington Monthly. He is also the founder of Booman Tribune and Progress Pond. He has a degree in philosophy from Western Michigan University.