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Mukasey Is (Much) Worse Than Gonzales

by John Nichols

George Bush’s nominee to replace disgraced former Attorney General Alberto Gonzales, retired Federal Judge Michael B. Mukasey, must be rejected by the Senate Judiciary Committee for the same reason that Gonzales should have been rejected in 2005.

Like Gonzales, Mukasey refuses to accept that the president of the United States must abide by the laws of the land, beginning with the Constitution. In fact, the nominee to replace the worst Attorney General since Calvin Coolidge forced Harry Micajah Daugherty to quit rather than face impeachment is actually takes a more extreme position in defense of an imperial presidency than did Gonzales.

When questioned by Judiciary Committee chair Patrick Leahy, D-Vermont and Constitution sub-committee chair Russ Feingold, D-Wisconsin, during the key hearing on his nomination, Mukasey embraces an interpretation of presidential authority so radical that it virtually guarantees more serious abuses of power by the executive branch.

There is no question that one of the ugliest manifestations of that expansion of authority involves the Bush-Cheney administration’s embrace of extraordinary rendition and torture as tools for achieving its ends. But those who focus too intensely on Mukasey’s troubling dance around the waterboarding question make a mistake. Even if the nominee were to embrace the Geneva Conventions — not to mention the 8th Amendment to the U.S. Constitution — and condemn all forms of torture as the cruel and unusual punishment that they are, he would still be an entirely unacceptable choice to serve as the nation’s chief law-enforcement officer.

And while some Democrats on the Judiciary Committee have made their peace with Mukasey — shame on New York’s Chuck Schumer and California’s Dianne Feinstein — the fight to block this nomination cannot be abandoned. Mukasey’s critics on the committee, led by Leahy and Feingold, should do everything in their power to re-frame the debate to focus on the broader question of whether a president can break the law — and on the nominee’s entirely unacceptable answers to it. They should pressure Schumer and Feinstein to reconsider, and they should reach out, aggressively, to “Republicans who know better” such as Pennsylvania Senator Arlen Specter.

Mukasey has made the case against his confirmation more convincingly than any of his critics.

The former judge has defended the administration’s attempts to dramatically expand the definition of executive privilege, telling the Judiciary Committee that it would be inappropriate for a U.S. attorney to press for contempt charges against a White House official who claimed to be protected by a grant of executive privilege. Under this reading of the law, U.S. attorneys would cease to be independent defenders of the rule of law and become mere extensions of the White House.

As such, Mukasey accepts a politicization of U.S. Attorneys far more extreme than that attempted by Gonzales and former White House political czar Karl Rove when they sought to remove U.S. Attorneys who failed to fully embrace the administration’s electoral and ideological goals.

But Mukasey does not stop there.

Under questioning from Feingold, Mukasey endorsed the administration’s argument that congressional attempts to define appropriate surveillance strategies and techniques could infringe inappropriately on presidential authority.

When pressed by Feingold, Mukasey refused to say whether he thought the president could order a violation of federal wiretapping rules. Feingold’s response was measured. “I find your equivocation here somewhat troubling,” said the senator.

In fact, everything about Mukasey’s testimony suggested that he would as Attorney General be more of a threat to Constitutional governance than the inept and frequently inarticulate Gonzales. Mukasey gives every indication that he is as enthusiastic as was Gonzales about helping the president to bend and break they law. The scary thing is that Mukasey appears to be a good deal abler when it comes to cloaking lawlessness in a veneer of legal uncertainty.

Consider the nominee’s suggestion that the president can ignore any law, including the Foreign Intelligence Surveillance Act, if he and his lawyers determine that the law impinges on his authority as commander in chief during wartime.

“The president is not putting somebody above the law; the president is putting somebody within the law,” Mukasey explained, with a response that employed legalese at levels not heard in Washington since Richard Nixon boarded that last plane for San Clemente. “The president doesn’t stand above the law. But the law emphatically includes the Constitution.”

Leahy said after that “troubling” statement by the man who would be the nation’s chief law enforcement officer: “I see a loophole big enough to drive a truck through.”

The Judiciary Committee chair is right. It’s the truck carrying the trappings of an imperial presidency. And Mukasey should not be handed the keys.

John Nichols’ new book is The Genius of Impeachment: The Founders’ Cure for Royalism. Rolling Stone’s Tim Dickinson hails it as a “nervy, acerbic, passionately argued history-cum-polemic [that] combines a rich examination of the parliamentary roots and past use of the ‘heroic medicine’ that is impeachment with a call for Democratic leaders to ‘reclaim and reuse the most vital tool handed to us by the founders for the defense of our most basic liberties.’”

Copyright © 2007 The Nation

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64 Comments so far

  1. RichM November 5th, 2007 12:07 pm

    It’s pointless to argue about which of these two maximum criminals is “worse.” They’re both authoritarian rightwing thugs with contempt for the rule of law. That either could even be considered for the position of Attorney General speaks volumes about our current state of degradation.

    Nichols makes the astute observation that “…Mukasey appears to be a good deal abler when it comes to cloaking lawlessness in a veneer of legal uncertainty.” That’s no doubt the significant difference between the two hoodlums.

    But Nichols also says that “Mukasey should not be handed the keys.
    - It’s easy to sympathize with this sentiment, of course, but it’s like saying that Bush “should not” be president. Mukasey is going to be confirmed by the full Senate, with as many as 20 Democrats voting in favor. What deserves full recognition here is that the Democrats on the Judiciary Committee could have blocked this nomination from going to the full Senate — and they failed to do so.

  2. restive November 5th, 2007 12:20 pm

    “What deserves full recognition here is that the Democrats on the Judiciary Committee could have blocked this nomination from going to the full Senate — and they failed to do so.”

    But don’t worry, they’re going to fix everything once they get back in Congress. Wait, they didn’t. But give them a chance! It’ll be better when Hillary is president. But wait! Wasn’t this all said in 1992? And what about those 20 Democrats, anyway? And why on earth is this administration still in power, instead of in jail where they belong?

    Give me a flipping break.

  3. purvis ames November 5th, 2007 12:35 pm

    It never ceases to amaze me that people don’t realize we’ve been living in a fascist state since the fifties. The “military industrial complex” that Eisenhower warned about has been firmly entrenched for many decades and I put the term in quotes since it is just Newspeak for fascism. All the problems we’re going through now are impending signs of the collapse of the empire. We even have our very own Caligula whose motto was:”I don’t care if they hate me so long as they fear me.” Mukasey’s appointment is a threat to all of us since the fascists will pull out all the stops in a desperate attempt to prop up their failing state. Be afraid, be very afraid, because things are going to get far worse before they get better.

  4. countess November 5th, 2007 12:38 pm

    The Feinsteins and Schumers of the democratic wing of the repugnant party are a disgrace to any civilized american and must be defeated along with gung-ho Hillary.

  5. RichM November 5th, 2007 12:54 pm

    That’s exactly right about the “military industrial complex.” When I was in 7th grade or so, I remember that this subject was much talked about (Ike’s speech was still fresh in people’s minds).

    But it’s no longer even much discussed. And this is not because the danger posed by it has “gone away.” On the contrary, the monster has become so immense and its power so incalculable, that it completely rules our lives. Far more than most people realize, the MIC defines the limits of what may & may not be spoken of. It shapes what are considered the “hot new fields” of job opportunity. It thereby influences school curriculums. To become educated in America is to a large degree cultivating skills needed by the MIC, in some direct or indirect way.

    There’s no such thing as a candidate who goes before the country promising to “put limits on the military industrial complex.” That’s “off the table”, even as a concept, much less as a campaign issue. We can’t even speak of it; we can hardly even think of it.

  6. Mordechai Shiblikov November 5th, 2007 1:17 pm

    Feinstein and Schumer perfectly represent everything that is wrong with the current power center of the Democratic party whose current CEO is Hillary Clinton. They are moral cowards and corporate politicians. Money money money - expediency expediency expediency. When you blow the PR dust away, what really is the difference between these two opportunistic stooges and the aggreessively stupid, kleptocratic, dictatorial Republicans? There is none.

  7. cosmos November 5th, 2007 1:25 pm

    I received this email this morning. I am so discouraged that I found myself saying “What’s the use!” I’ve marched and I’ve written my Congressmen and Senators; I’ve called and sent emails. All you say above is true, but if we give up without a fight, we have handed them the keys. One voice doesn’t count for much, but if we all are yelling, maybe someone will hear us.

    This coming Tuesday will be the biggest decision making day yet of
    the entire Congress, 1) the Senate Judiciary Committee will vote on
    Mukasey for attorney general, AND 2) Dennis Kucinich will force the
    House to consider H.Res 333 to impeach Cheney. And that is why Monday must be the biggest day ever for citizen activism. The entire future of our country and democracy will turn on whether you personally pick up a phone and a toll free phone call or two on BOTH of these issues.
    It’s a double header!

    Here are three fresh, tested, toll free numbers to use for your
    calls: 800-828-0498, 800-614-2803 and 877-851-6437.

    First We Have To Stop Mukasey

    Despite the fact that Mukasey still will not rule out torture as
    official U.S. policy, and refuses to even admit that waterboarding (a
    torture technique from the Spanish inquisition) IS torture, Diane
    Feinstein (CA) says she is “planning” to vote for him. Despite the
    fact that Mukasey refuses to concede that the president must obey the laws of the land and not act as a law unto himself, Chuck Schumer (NY) is “planning” on voting for him. Well, here’s what we’re planning on doing.

    We’re planning flooding their phone lines on Monday. We are planning on telling them that this is absolutely the last straw, and unless Democrats like them find a spine and start fighting on principle they can forget about any more campaign contributions.

    Now, Feinstein in particular, and many of the other senators, have
    this cute little game they play where they let their answering
    machines fill up, to try to discourage people from even bothering to
    call. So what we have done is create a special function on the page
    below, where you can instantly look up all their LOCAL district
    office numbers.

    Stop Mukasey Action Page: http://www.usalone.com/no_mukasey.php

    Go the page above if you can’t get through to their Washington
    offices, get all the local phone numbers and fax numbers, and call
    them all.

    Because members of the Judiciary committee represent us all, you do not have to be one of their direct constituents to call Feinstein or Schumer, but if you are make sure you make that clear. This means even those of you who do not have Democratic senators have a right to have an impact on this.

    Add to your message your support for H.Res. 333 To Impeach Cheney.

  8. starofthesea November 5th, 2007 1:27 pm

    Rich M and all posters. I agree wholeheartedly. That sid, are any of us as surprised? I have been an admirer of John Nichols for sometime, but sometimes I get very frustrated with even our more progressive media spokespeople to call a spade a spade. While appalled by Mukusay’s refusal to name waterboarding torture, I, too, was much more disturbed by his lockstep defense of the unbridled executive powers, and still, Dems on the committee were “disappointed”, disturbed and uneasy” with his refusal to label waterboarding, without a word about the underlying explanation of why Bush thinks he can get away with it in the first place? It is clear to me that we have someone worse than Gonzales, because he’ll seem less like a complete partisan liar when he pulls some more bricks from the structure of our constitutional underpinings. I expect this sort of nominee from BushCo but Democrats with a couple of notable exceptions are telling not just progressives, but the American people in general, that they remain complicit in the stripping of our rights and protections. In order to consort with the enemies of freedom as most of them are doing, one has to conclude that they feel they have nothing to fear either from us, or from the thugs of which they are now in lockstep. “OH YEAH, LET’S PUT THE DEMS IN REAL POWER COME 2008! THEN ALL OUR TROUBLES WILL BE OVER!” Just thought I’d toss that in so Danial David can save his breath. I am beyond disgusted.

  9. LeeAnnG November 5th, 2007 1:58 pm

    The only candidate with real integrity who would at least attempt to put the brakes on corporate power is Dennis Kucinich, and he never did have much of a chance. After Russert’s stupid question about seeing UFOs, obviously a nasty little (successful) attempt to put Kucinich in the “loopy” category, his chances are probably even less.

    Unfortunately, and to my disappointment, Kucinich’s answer was weak and accomodating. In spite of my admiration for him, it had the effect of making me wonder how he would deal with problems as president. He just looked uncomfortable and answered “yes” before he qualified his response to include that it was an “unidentified” object. There were so many things he could have said, but none of them apparently occurred to him at the time.

    Obviously, the dems are not the answer. To see why, it’s only necessary to check out Hillary Clinton’s credentials. She’s up to her eyeballs in corporate funding.

    Ashcroft, Gonzales, and now Mukasey! What a trio! It was hard to imagine worse than Ashcroft, but we got him. Now it’s hard to imagine worse than Gonzales, but it looks like we are going to get that too. I keep thinking this neocon-backed administration will self-destruct. However, I fear this will not happen in time to prevent the final demise of our democracy.

  10. geoff29 November 5th, 2007 2:03 pm

    purvis ames 12:35 pm

    “don’t realize we’ve been living in a fascist state since the fifties.”

    from maybe even further back. never mind that though, certainly encompassing and domineering our current generation in time and space. how many of us have been waiting since the 50s anticipating with dread imaginings, or some other kind of inner eye quantity, the kind of essence of this particular moment in time? good little visionaries that we have been.

    now here kind of like absurdist drama, bumbling idiots, horrible unspeakable horrors, terrible clamaties. If indeed it is indeed here and not a bumbling idiot version of that mundanity. one of course wouldn’t wish misfortune on anyone’s head not least of which one’s own.

    and of course suffer for those we see suffering to paraphrase a famous playwright. come what may, there’s a special providence in the fall of a sparrow.

  11. canuckchuck November 5th, 2007 2:06 pm

    We in Canada sort of feel like 1930’s Poland….

  12. geoff29 November 5th, 2007 2:10 pm

    before young dan david shows up here, I would like to say that even though we all agree he’s misguided most of the time, and keeps trying to impose his fairy tale reality order (aka david brooks of the times comes to mind) on existence - where people walked the sidewalks with their umbrellas to ward off the sonne, and evil was kept in check, at least he’s tryin’!

    I had an acquaintance like dan. Struggled to adjust his rubber stamp idealism with the complexities of reality. Up and died of a sudden in a space of six weeks of the cancer. We all think it was his recalcitrance to truth what did him in. just a little ghost tale.

    so, a little forbearance for the fellow!

  13. NBW November 5th, 2007 2:12 pm

    Don’t buy into the semantic dodges of the fascist regime. Waterboarding is frequently described as “simulated” drowning. It’s not simulated, it is controlled drowning, deliberate drowning, slow drowning, extended drowning, prolonged, repeated, painful, horrible drowning. Waterboarding often results in actual death, not “simulated” death.

    Don’t buy the fraudulent framing. Let’s call it what it is: water torture.

    I’ll never vote for Feinstein again, and sorry I did in the past.

  14. Jeffrey Courion November 5th, 2007 2:38 pm

    This country is rapidly becoming the “Night of the Living Dead.” I don’t relate and I don’t want to relate. I am sickend by what my awake nature tells me is happening and lies ahead. I shiver at what my awake nature tells me — yet, I fear going to sleep even more!

    My awake nature tells me this is the time not to focus on the virus, but on the host that enables the virus to make a home in our body politic. My awake nature tells me that is the work — focus on the host — help others focus on the host. Viruses die because of self-destruction. They also dies because of strong immune systems. Our country and our body politic need strong immune systems. The rest becomes viral resistence.

  15. Little Brother November 5th, 2007 2:39 pm

    [G]eoff29, I am moved by your passionate advocacy of mercy and understanding towards DD, whose initials not uncoincidentally also stand for Democratic Drone.

    I marvel at those who seek to engage him rationally, as if he were merely a chap of one idea who could be persuaded to admit that there is more on heaven and earth that is dreamt of in his philosophy. He is far beyond that; he is a dervish who has spun so resolutely around his lapidary, monomaniacal idée fixe that he has become a phantom, an apparition, a fetch. What remains is a partisan algorithm: an applet that examines input with the end of embedding the mantra “Support the Democratic Party/Vote the Democratic Ticket” in its response.

    Comment that you’ve spotted what appears to be a stray dog trotting down the street, and DD will cheerily and piously inform you that if a Democratic dog-catcher were in office, that dog would stand a far better chance of being caught! It’s simple common sense, beyond debate– unless you’re riding intellectual moonbeams, or secretly want a Republic dog-catcher. The issues can change like the bright patterns of a kaleidoscope, but the comeback is always the same.

    You’re a better man than I.

  16. Daniel David November 5th, 2007 3:11 pm

    Good afternoon, friends. Sorry I’m late, but several of you are doing a great job predicting the inevitable in my post. Of course, a Democratic president in 2008 is how you get Mukasey out of the AG’s office, and how you don’t get another one like him for at least 4 years, hopefully 8.

    Little Brother, I like the dogcatcher thing. I not only think a Dem dogcatcher is more likely to catch the stray dog, but then also more likely to feed him, water him, clean up after him, vaccinate him, pet him, play with him, teach him, and adopt him out to a loving family. Nuts, you say. Nope, liberalism is a mindset of preference for kindness. Every Democratic politician has a touch of it. Otherwise, they would pursue their political dreams as Republicans.

  17. geoff29 November 5th, 2007 3:12 pm

    (l)ittle (b)ro

    as I sit here on what’s left of the res contemplating in the back alley the boulder where manhattan was sold for beads and trinkets, it occurs to me that when it comes to voting we can supposedly choose to elect whom we please regardless of what we think the results of the outcome will be.

    last thing that’s clear to me is I voted for mcgovern.

  18. starofthesea November 5th, 2007 3:23 pm

    Little Brother, while I agree that your take on DD may be every bit as valid as goeff29’s, I had my snit in response to him on another post and accused him of being in essence an “attention whore.” I realize afterwards that making such accusations was very unenlightened of me, and that I, in my frustration, had fallen victim to my own brand of intolerance. If Daniel David, reads this, I apologize sincerely. I have no right to look into your soul and assign motives to your statements. I was a “thought fascist” in that remark and regret it profoundly. We all have our own ideas and motives for saying what we say here. And it would be good to simply not engage if we feel manipulated, or sabotaged by anyone’s input. Life is too short, and I keep remembering the Master’s admonishing us not to focus on another’s fault while missing it’s mirror image in us. Perhaps we all just want to engage with others and be heard…. DD’s persistence may be annoying but are not we all persistent with our own opinions on some level?

  19. lwhunt330 November 5th, 2007 3:25 pm

    The cowardly Democrats are going to wave him through like they waved Gonzales through. There is no use living on false hope that they will do otherwise.

  20. Swaheal November 5th, 2007 3:50 pm

    I too feel frustration from my NEW congressman seeming to be a shill. I’m going to research the Iowa laws and see if there is anyway to “recall” a do nothing politician. If not, maybe it’s time for the states to have some kind of law written that we could “recall” our representatives from washington for a vote of no convidence and removal if enough employers/taxpayers want. When what they promised to get elected turns out to be not what they’re doing, 2 to 6 years is too long for stuff to continue that can be shown wrong.

  21. starofthesea November 5th, 2007 3:56 pm

    Daniel David, welcome back and I mean that sincerely. I have one question and it is sincere as well. While your ideals may have some basis in reality, what is your take on the safety and viability of the electoral process? Have you read Mark Crispin Miller’s Book, “How Republicans Stole the 2004 election etc.” Have you taken time to follow the mountains ( I am not exaggerating) of evidence that has been compiled that more and more of our national elections have been stolen (rigged)? If you are sincere in your belief that electing Democrats is the way to bring some sanity back to the dealings of this nation, you might want to educate yourself on just how shakey, if not downright broken the elections system has become. Conyers held his hearings about the stolen election prior to 2006 when he had no real power to do much but compile the evidence, yet now, when they do have some power,the Dems have remained virtually mute on doing what it takes to address this critical piece of our representative democracy.My God! How politically risky is it to stand up for the concept that the American people have the right to vote and have their votes counted accurately? Seems like a bi-partisan no brainer to me. And please do not spout the Holt bill as proof of their good intentions since he was bought off by the the makers of the very machines we fear, and because his bill would actually worsen the situation created by HAVA. Bob Neys baby. Surely the Dems know what many of us know, and they do nothing, so either we have to conclude they are stupid and have not done their own homework, or they are just waiting for their opportunity to take charge of the voting mechanisms themselves. Either case gives me little reason to look to Dems for deliverance. And then to find out that Kerry, who really won by a landslide, admitted to an election protection lawyer in a conference call, hours before he conceded prematurely,after promising to all those Afican Americans who stood in the rain for hours and hours in Ohio that he would insure that every single vote be counted, this man admitted that he knew the results in New Mexico had been rigged…well what does that tell you? Please at least be willing to consider that the party you so consistently and vigorously champion despises you and only wants to exploit you.

  22. geoff29 November 5th, 2007 4:24 pm

    http://www.atlanticfreepress.com/content/view/2741/81/

    Voting became a political narcotic when it stopped working to improve government and became used to legitimize a corrupt, two-party failed government.

    Voting – especially lesser-evil voting – sustains our fake democracy more than any other citizen action. It lets politicians claim that they represent the sovereign people. It tells the world that our elected government has public support. Voting sends the wrong message to everyone. No matter who you vote for, voting says the political system is fair. It is not.

    Power elites own the government and use it to serve their interests and protect a corporate plutocracy. Though a numerical minority – probably about 20 million Americans – an Upper Class easily manipulates the remaining 280 million by controlling the consumer economy, the distractive culture, and government policies and spending.

    This is what America’s political freedom has morphed into: Dissidents free to protest (to make us feel good). Elites free to control (to maintain corruption). Conned citizens free to vote (to keep the system looking democratic). And most Americans free to borrow, spend and consume (to stay hooked on work, antidepressants, sleeping pills, alcohol, sports, computers, religion, gambling and illegal drugs). Where do you fit in?

  23. RichM November 5th, 2007 4:25 pm

    Here’s how I believe the dogcatcher issue would play out.

    The Dems would say that they believe the best policy would be to catch the dog, then to treat it decently & humanely. They would pass a non-binding resolution to underscore their strong feelings on this matter.

    Bush would announce that in the name of national security, the dog should be captured, then tortured to death. He would make clear his intention to veto any dog-saving bill passed by the Democrats, who (he’d say) were well-known to be “soft on dogs.”

    Nancy Pelosi would announce that henceforth, dog-saving was off the table. She would bring to the floor a bill giving Bush everything he wanted. She would also see to it that just enough Democrats voted for the bill, to ensure its passage. The other Democrats (especially the presidential candidates) would be permitted to vote against it, so they could posture as loving “pro-dog” advocates, before their base.

    The bill would become law; the dog would be captured and tortured to death. Bush would announce that “the United States does not torture dogs.” Pelosi would say that she disagreed with the president’s policy, but unfortunately, the Dems didn’t have the votes to do anything about it.

  24. El Bravo November 5th, 2007 4:48 pm

    Es obvio que no entienden que es respeto para la ley de nosotros aqui en EEUU, que no tienen respeto para ley internacional y que trataran de sujetar nuestra democracia a un nivel barbarico, mientras tanto declarando que nos protejen. Esto es ridicolo y nos parecemos como una banana republic.

  25. Reggie Brown November 5th, 2007 4:59 pm

    Is anyone surprised that Bush wants another yes-man in the AG position? His entire staff, and his Cabinet appointments have been very consistant in the past. For them to be nominated, he must know that their first loyalty is to him, not The Constitution, not the country, and definately not to the integrity of their position.

    His statement that the AG is a key figure in his “war” on terrorism was proof enough. Why would an Attorney General be a “key figure”? The only possible answer would be allowing Bush to redefine, reinterpret, and repeatedly break existing law, while receiving the blessing of our country’s top law enforcement official.

    Bottom line, Bush wants carte blanche, and defies anyone to deny him that. He uses HIS creation, this made-for-profit smokescreen of a “war” on terror, as a transparent excuse for his power grabs, human rights violations, and trampling on Constitutional checks and balances. He needed this “war” to feed his arrogance and narcissistic behavior complex.

    Now, do you really think that he would nominate an AG that would put an end to that?

  26. rtdrury November 5th, 2007 5:00 pm

    Repuks are dismembering bridges to build pedestals. Demoks are only eager to share the pedestals. Progressives are dismembering pedestals and re-building the bridges.

  27. OldBadger November 5th, 2007 5:05 pm

    “Pelosi would say that she disagreed with the president’s policy, but unfortunately, the Dems didn’t have the votes to do anything about it.” The Dems say this kind of thing because their extensive polling and focus group trawling has convinced them that “centrist” voters prefer “strong” governments prepared to hunt down, torture and kill rabid dogs. The voters know that the dogs are rabid because the media tell them so, and that they deserve nothing better. Moreover they know the only basic human right is to the right to be safe and protected from such creatures. Rabid creatures of all sorts must be exterminated. They know they are right about all this because they are “centrist”, meaning moderate, and therefore always reasonable and right. Dems wanting to be voted into power will not challenge such beliegs.

  28. writer2 November 5th, 2007 5:06 pm

    it’s not that the democrats are cowards. that is many of them are cowards but i think schumer and feinstein think torture as policy will help israel. this must be marching orders from aipac and they are only to happy to oblige. also specter signed on this weekend. so at this point it’s not a matter of dems vs republicans. it’s rabid crazed supporters of israel among both parties.
    nothing is off the table if they think israel might profit from it.

  29. purvis ames November 5th, 2007 5:11 pm

    Right on, El Bravo, y feliz Thanksgiving.

  30. John R. Hall November 5th, 2007 5:25 pm

    Looks like the so-called Justice Department is about to trade Jack the Ripper for The Boston Strangler. If the Democrats allow this I will….no, wait, I already have given up on them. With few exceptions, they’ve all become America’s problem. This is not my government. This is not my president. Corporatism has completely taken over and the common man is just excess baggage. Disposable. Where’s Che Guevara when you need him? He lives in all thinking people, but I’m not sure we can awaken him.

  31. Ramsay Mameesh November 5th, 2007 5:36 pm

    True story - the best usually are.

    In another episode of “Fun with Facism”

    This comes from Northern California - hometown of George Miller (liberal Democratic congressman.)

    taken without permission from the Contra Costa Times and the local ABC affiliate.

    “A family of beavers popular among Martinez children and nature lovers should be killed and its dam torn out of a downtown creek to prevent flooding, city administrators have concluded.
    The fate of the beavers in Alhambra Creek goes to the City Council at its meeting 7 p.m. Wednesday at Martinez City Hall.

    Supporters of the beavers are aghast, saying the two adult beavers and three or four offspring have become a symbol of nature living near people.

    “I think it’s a horrible idea,” said Heidi Perryman, a child psychologist who lives downtown. “You have second-graders making field trips to see the beaver dam. The beavers are an accessible way for people to connect to nature and this creek.”

    Martinez resident Mark Ross has become a major supporter of the beavers and is working to save them from being killed.

    “I believe (relocation) is an option; it’s been done elsewhere,” said Ross. “I’m not understanding why that’s not an option.”

    In 2002, the Alhambra Creek Channel Improvement Project was completed, funded by the city of Martinez and downtown property owners. One goal of the three-part project was to widen the creek and create to marshland in order to reduce the potential for flooding.

    Ross said he helped create the project and one of its purposes was to bring wildlife back to downtown Martinez. And it’s worked only too well. In addition to the beavers, Ross said otters, fish and birds are commonly seen in the creek.

    Martinez Mayor Rob Schroder said he reluctantly supports the city staff recommendation.

    “The last thing I want to do is chase the beavers out but it’s my responsibility to protect the welfare of the citizens,” Schroder said

    The state Department of Fish and Game is prepared to issue Martinez a “depredation” permit to have the beavers killed because of their significant threat to property, city officials said.

    ——

    Back to the article in hand and what would happen to our poor “dog”.

    Pelosi “if they were poor I could have them arrested” would pass H.R. 1234 requesting the “Dog” be depredated, Mukasey would issue the depredation order, and Daniel David would carry it out.

    Depredation? Ask Orwell I have no idea what it means. In liberal San Francisco, if you are homeless, the cops will give you a “Quality of Life” ticket.

    Democrats self neuterd their balls and now want to get rid of their Beavers!

    Save our Beavers!
    Ramsay

  32. Jess November 5th, 2007 6:05 pm

    Congress, you weak bastards, vote for Impeachment. NOW! And rescind all those powers that you stupidly gave Bush…Patriot Act, Homeland Security, Military Commissions, etc. You are being led down the same path as the Reichstag was by Hitler. Get rid of that Nazi Bush before it’s too late.

  33. DODGER DAVE November 5th, 2007 6:12 pm

    THIS is one chilling assed article-this has always been a very limited democracy.at least since the civil war,the executive has had enormous power,which was increased substantially during the depression,and ww2.thats all the more reason to make damned sure that whoever holds that office locates themselves as a CITIZEN within the law.furthermore it needs to be understood that this individual is a constitutional officer with ENNUMERATED powers.how can the senate confirm as atty gen someone who can’t say that in plain english? i am reminded of the hemingway character who met an elderly pauper he had known earlier as a fabulously wealthy young man.he asked how the guy had managed to lose his far flung financial empire,the weary senior answered-”a little bit at a time,and then all at once.” that’s how we are squandering this democracy.

  34. Arvy November 5th, 2007 6:41 pm

    “Mukasey Is (Much) Worse Than Gonzales”

    Could someone please tell me location and admission requirements for the US Academy of Relative Evil. I think I need a refresher course as I’m finding it increasingly difficult to distinguish amongst the ever-growing multitude of competitors for the Most Evil Fascist title.

    For a while, I thought Cheney had it all sewed up, but I’m beginning the think that he may only be the loudest challenger.

  35. starofthesea November 5th, 2007 6:41 pm

    RichM Thanks for a much needed laugh and once again Geoff29, thanks for your wise and lucid contribution. You are definitely a Light in the midst of this chaotic darkness that has descended onto our land. Perhaps for you, it descended a long long time ago. For me it was 1980 something when I read Howard Zinn’s The People’s History of the United States.” It was my coming of age as a citizen. Better late than never.

  36. woe is me November 5th, 2007 6:44 pm

    How do we stop this madness? I tried calling senators today, but couldn’t get through. No pun intended. These people are nuts. Absolutely nuts. Martial law in the U.S. is probably our next crisis….and crazy so-called democrats in congress will go along with it. Reading Zinn makes me long for the good ol’ days. At least people seemed to understand they were being screwed by the government and big business.

  37. frank1569 November 5th, 2007 6:50 pm

    “Even if the nominee were to embrace the Geneva Conventions — not to mention the 8th Amendment to the U.S. Constitution — and condemn all forms of torture as the cruel and unusual punishment that they are…”

    Speaking of loopholes - it’s not “punishment” if you haven’t been charged with a crime. Hence, if Cheneybush believes, in their gut, that you may have info about your Iranian dry cleaner’s cousin’s brother’s uncle who once donated ten dollars to the Iranian Children’s Fund - an obvious terr’ front - in 1995, and then proceeds to render you to CIA non-existent prison #53 and pour a few gallons of water down your throat, that’s not “cruel and unusual punishment.”

    That’s, as Lowry from TNR reminds us every chance his lyin lips start flappin, is nothing more than “a couple minutes of panic, and then it’s over.”

  38. Siouxrose November 5th, 2007 7:00 pm

    LITTLE BROTHER: Your satire rivals “School for Scandal.” Great laughs to ward off the GREAT pain of watching our nation implode with all the mis-users of power at the controls.
    RICH M: Great satire, too!
    GEOFF! Excellent.
    I’d love to see the three of you, Little Brother, Rich M and Geoff pull off this “dog catcher” satire on Bill Mahyer or Saturday Night Live!

  39. Ephraim November 5th, 2007 7:11 pm

    Daniel David is a robot for the Dems. Why anyone would even read the guy’s incessant boilerplate to vote Democratic is absurd. He’s no more open to discussion on the issue than Pelosi is willing to consider impeachment, which I’m sure David thinks is just fine and dandy. Hey! She’s a Democrat, which means she isn’t nominally a Republican, and little matters besides these less and less pertinent labels. Democrats have some spark of “compassion” somewhere, while Repugnantcans don’t. Therefore, vote the party of minuscule compassion, whether in rhetoric only, just do it. We’ll be saved by empty Democratic rhetoric, and how could we possibly ask for more? That’s Daniel David’s essential message to us all.

  40. clyde paige November 5th, 2007 7:31 pm

    It’s 6:28pm CST I just called Schumer’s office his voice mail is full–Feinstein has a recording saying if you must get in touch with her call one of the district offices you can’t leave her a message either.They don’t want to hear from us because they don’t care what we think. I’m emailing both now,

  41. Jacob Freeze November 5th, 2007 7:40 pm

    Everyone in Congress, and everyone in the armed services, and many other government employees have sworn an oath “to defend the Constitution of the United States against all enemies, foreign and domestic.

    This is what you might call a “Protestant” oath, where the method of fulfilling it is left to individual conscience, rather than a “Catholic” oath, where the oath-taker is enjoined to defend the Constitution only according to orders from the relevant authorities.

  42. jjpeter November 5th, 2007 7:56 pm

    We just have one thing to add here….

    We are neither for, nor against apathy.

    Signed,

    The American’s

  43. nymet624 November 5th, 2007 8:38 pm

    N.Y. Senator Chuck Schumer’s reputation is liberal when it comes to social issues, however, when it comes to U.S. Foreign policy - he’s hawkish. He backs Israel 100%, and supported the Iraq invasion.

    Schumer has driven to consider the possiblity of voting for Brian Moore.

  44. nymet624 November 5th, 2007 8:41 pm

    I meant to write, Schumer has lead me to consider the possiblity of voting for Brian Moore.

  45. Daniel David November 5th, 2007 8:41 pm

    to starofthesea,

    Thanks for post of 11/5 3.56p and questions to me about my thinking. Here are some answers. No, I have not read Mark Crispin Miller’s book on how the 2004 election was stolen, but I have little doubt that it was stolen. I believe that Kerry was the wrong candidate, chosen erroneously for the wrong reason to try to “outdo” Bush on military record. It was a bad series of events from there, probably enhanced for the Repubs by no telling how many voting and vote-counting frauds and shams. I have believed, too, that Bush and Rove were actually surprised at the 2006 election because they expected the same kind of rigging to work and confronted a real Democratic tilt greater even than the fixers anticipated.

    I am as suspicious as anyone here at CD that elections are uphill matters for Democrats, especially anywhere there is electronic voting without 100% paper trail.
    We probably need 60% in 2008 in order to win officially with 51%.

    As to whether some Democrats sell us out, I’m sure some do. And I’m sure some others make errors of omission, perhaps stupidly. But, I have not forgotten Delay, Frist, Hastert, Gingrich, Abramoff, Blunt, Boehner, and others, who together with Bush and Cheney have peddled a theory of capitalist social darwinism to trusting, churchgoing American voters in the name of God, Country and Flag, etc. I know what they’re capable of, I don’t like it, and I believe having a majority of the other party (Democrats) in Congress is the only way to control the agenda there –Dem warts, and Dem faults, and all. I also believe having a Dem president is the only way to control the agencies at all and prevent more strict constructionists (aka corporatists) being added to the Supreme Court.

    As for me personally, I have never been active in any party in my life. I’m still not. I am not a shill, and I participate at CD only to learn and to try to make sense to myself in writing, or to others if they see what I see. I have never attacked anyone else’s post without that person attacking me by name first, and I won’t. I’m neither a satirist nor a cynic. I’d like Kucinich to win and change America. If he can’t, I’d like Obama, Biden, Dodd, Edwards, Richardson or Clinton. I remain naive enough to believe they’re better for us than Giuliani, Romeny or Thompson, and I do believe, as you say, that the election process is littered with landmines such that we need a really big win in order to win at all.

    As for Dems as dogcatchers, yeah, I think that would be good. But I’d rather get the Dems on the Supreme Court.

  46. starofthesea November 5th, 2007 9:53 pm

    Thanks DD for taking the time to address my election concerns, but your answer skirts around the central problem in my mind. You are depending on Dems to “hold the line” on the horrific abuses of the past seven years. But I say, if anyone is to be held responsible for what we all have endured for the past 7 BushCo years, it is every Democrat who refused to risk being labled a sore loser to defend, not their pary’s electoral theft, not one of their crony’s stolen election, but the sacred right of the American people to vote and to have their votes counted accurately.

    If they wouldn’t do that much when their own political asses were on the line, they sure as hell won’t do it when they’ve turned the tables.Either you uphold free and fair elections, or you don’t. There’s no grey area there. And they have shown that they don’t take them seriously enough to protect every citizens right to have a say.

    I feel that your trust is sadly misplaced and while it is not my place to try to rain on your parade, I just hope that at some point, you are able to face up to the fact that your idealism is part of the fuel that keeps dishonest politicians in power, and a crooked system from changing.

    I have not forgotten the named Rethugs you mentioned, but at least with them, one knew exactly where one stood, and eventually they got so outrageous that it was their undoing. The Dems are much smarter. They want us to think they are different, and perhaps in their heart of hearts they are somewhat different. But when push comes to shove, mostly all they care about is retaining their seats, their pensions, their great health insurance plans, and their connections. If god forbid! they get defeated by some whippersnapper idealist, they can just take the money and run, or pass through the revolving door onto K Strret lobbying firms.

    Sorry but my idea of representative democracy entails real service to the people you claim to represent, and I don’t mean a few crumbs now and then to keep them from open revolt. Having voted mostly Democratic all my life, (I am 61), apart from Kucinich in the primaries, I will not vote for them again. I am sick of getting my hopes up only to get slugged once again in the gut.

    And I do think that you are opening yourself up to ongoing abuse to post the things you do, although I defend your right to do so. You don’t seem to understand the level of understanding (disenchantment) that most here feel about business as usual in electoral politics. Think of Pelosi’s arrogant dismissal of the protesters on “her” sidewalk. She showed nothing but contempt for the First Amendment, and she is a coward for not simply hearing out the concerns of those many protesters. In fact, I believe that is her job, especially as the House leader of the Democratic Party. How can you remain so loyal in the face of that, is really a mystery to me, but hey! we’re all entitled to our own opinions. Enuff said.

  47. abuelito November 5th, 2007 9:59 pm

    when congressmen in both houses report for work they check their hats and coats and morality and honor and judgement and good sense at the door. it’s the only way to explain how they act and vote and why the junta is still in power.

  48. redjeff November 5th, 2007 10:29 pm

    I rather gave up on getting Mukasey defeated when political cuckold Chuck Schumer decided to back him after all, followed by the dependable collapser, Feinstein.
    But after watching Keith Olbermann lay into Bush tonight on his show, I’m persuaded to put through an e-mail to both of these Senatorial blatherskites on the off-chance they actually care what I think.
    I know Schumer’s standard is low–this is best we’re likely to get from this president–and Bush has said if Mukasey isn’t approved, then no one else will be nominated.
    To that I say this–first, NO AG would be preferable to anyone Bush is likely to nominate, and second, there is a good candidate who will say waterboarding is torture, Daniel Levin. Unfortunately, he said it while serving under Alberto Gonzalez, and so was fired for it. Naturally, he would never be nominated, but he would be confirmed.
    Finally, I’m very excited about Kucinich’s calling the question on Resolution 333. I e-mailed my congressman to give Dennis his support; I think there is a momentum building to put rendition/torture issues on the front burner for months. Maybe it’s wishful, given the ADHD tendencies of our media, but it is the most critical political story since Watergate (or even “worse than Watergate”), so how can they be AWOL on this?

  49. Grappa November 5th, 2007 10:59 pm

    There are a number of Zionist in both parties: make no mistake why Schumer recommended this guy.

  50. kane51 November 5th, 2007 11:07 pm

    Here is the link to Keith Olbermann’s “Special Comment” tonight on the Mukasey issue and Bush’s complicity in the illegal waterboarding of prisoners. It was extraordinary.

    http://www.msnbc.msn.com/id/3036677/

  51. Arvy November 5th, 2007 11:28 pm

    Extraordinary indeed! Olbermann definitely deserves some kind of special recognition for this one. I don’t recall anything quite so devastating since Edward R Murrow’s commentary on the McCarthy hearings.

  52. charminism November 6th, 2007 3:17 am

    what happens to our corrupt elections once the dems have control of them?

  53. purvis ames November 6th, 2007 4:35 am

    Olberman’s take on Bush is a rare piece of clarity in the MSM. Simply call him what he is - a war criminal and a depraved degenerate.

  54. pdf November 6th, 2007 5:50 am

    Bush’s only real choice is Ruth Bader-Ginsburg. He could appoint Steven Shapiro, as a decent second choice. How about Cindy Sheehan? Why isn’t Bush looking at these people?

    Duh!

    Using a Venn diagram, with two circles indicating acceptable attorney general choices between the Bush administration, and John Nicoles ~ there are no intersecting personnel. Does anybody else see this as obvious point, or is it just me?

  55. peaceman November 6th, 2007 7:31 am

    After watching the Democratic Party collaborate with the Republicans for the past seven years, starting with the signing of the Un-Constitutional Patriot Act, and enabling Bush to literally destroy 200 + years of our so-called democracy, many folks still feel the Dems are the knights in shinning armour coming to the rescue. Last November, the voters gave them a slim majority in the Senate and a bigger majority in the House, expecting some reversals of the fascist agenda of the Bush/Cheney crime family, and to “bring the troops” home from Iraq and Afghanistan, and to legislate policies to help us ‘common people’.

    For those of you holding your breath, maybe now you can understand what the ‘two-party’ system is all about, and why they both will not allow other parties into the fake debates during election years.

    As a nation, with the vast majority of people so ignorant of American as well as world history, it has been a “cakewalk” to destroy our government and way of life from within. The mythical Osama Bin Laden and his group are not the threat. Never was. The threat was from within. It still is.

    We have been indoctrinated in the Milton Freidman philosophy of ‘greed and selfishness are good’ and make as much money as you can, no matter what.

    It doesn’t surprise me that Feinstein, Specter, and Schumer will support Mukasey. People like them, silently (behind the scenes) supported the Nazi agenda to get rid of the liberal and progressives Jewish people who were socialists, trade-unionists, communists, and anarchists. (These groups were the humanitarians of their day) Safe passage and special status was given to the wealthy elite. “Birds of a feather flock together”,

    To think for one second about condonning torture should tell us something about the decline of moral values in this country. We are dangling on a precipice overlooking the valley of death and destruction. Can the fall be averted?

  56. neomunk November 6th, 2007 9:20 am

    This is one of the best threads I’ve seen on this site. Well articulated, both precise and accurate in it’s descriptions of the current political landscape.

    Makes me wish I didn’t read Common Dreams when I do, I usually read in the morning before the new stories are posted, and get in late on the discussion. :-/

    Anyways, thank you all. There are many reasons to despair in this modern world (amid many treasures of beauty), but here on Common Dreams I find one of the brightest gems of hope. It is a balm to my heart, and I wanted to express my gratitude.

  57. Greg R November 6th, 2007 10:43 am

    Kane51-Thanks for the Olberman link.

  58. Siouxrose November 6th, 2007 11:41 am

    PEACEMAN: You nailed it! Great posting!

  59. fredhb November 6th, 2007 11:46 am

    i agree 110% with Purvis Ames!!! We’ve been a fascist state since WWII

  60. NoChicagoBoys November 6th, 2007 12:12 pm

    LeeAnnG (1:58 pm on Nov 5th)

    I agree, what a filthy potshot that Russert made. But, I agree more, what a flimsy and intimidated answer that Kucinich made. Why he didn’t divert the question and soften his response, I don’t know. This surely will be the death knell in the congressman’s bid for the presidency. And please, don’t mistake me — there’s nothing wrong with admitting to seeing something unexplainable. Many people have. But he let them control the wording, and the message, instead of doing it himself.

    How unfortunate.

  61. pleasethink November 6th, 2007 3:14 pm

    I am watching the Senate Judiciary Committee vote on Mukasey. This Congress is completely disgraceful. They found nothing but faults with M’s respect for the law and his capacity to act independently, and yet they approved him in anyway. Spector’s discussion of legislating waterboarding was especially chilling, because it opens the door to legalizing torture. I cannot help but think of “Brazil,” wherein torture takes place behind the scenes of plush offices run by efficient receptionists. I am a New Yorker, and Schumer has now lost any future votes from me.

  62. peaceman November 6th, 2007 7:58 pm

    Siouxrose; “Truth tis stranger than fiction”, is very true. At the moment, I am angry at Pelosi, Hoyer, and Conners, along with another 100,000,000 million or so Americans with ‘their contempt’ of The Constitution, and plain downright protection of the most criminal regime in US history. Are they being ‘blackmailed’ or what?

    On another note, I’m going to San Francisco this weekend for the GreenFestival. Caroline Casey will have a booth there and/or will be a guest speaker. I mentioned her name to you once before, Siouxrose, as she is also an astrologer like yourself and into ‘New Age’ ( actually, very ancient ) stuff. You can hear her broadcasts on kpfa.org if you have audio-streaming on your computer.

    Finally, my ’sister’, I have more respect for General Rommel and Colonel Von Stauffenberg for their hand in trying to get rid of the Madman, than I do for my two Senators, Feinstein and Boxer, who have helped enable the Bush Republican Crime Family, these past seven years.

    My best wishes to you, your daughter, and the little bambino.

  63. lawlessone November 7th, 2007 8:56 pm

    The one good thing about Gonzales and most of Bush’s lackey appointments is that they have been incompetent. Thank goodness because if they had even a modicum of intelligence, they would have gotten away with their determined destruction of the Constitution. Unfortunately, the Democrats seem too stupid to realize what a threat Makasey could be. Bush might accomplish his overthrow of democracy yet.

  64. cyboman1 November 8th, 2007 11:35 pm

    The estimable John Nichols writes:

    “In fact, the nominee to replace the worst Attorney General since Calvin Coolidge forced Harry Micajah Daugherty to quit rather than face impeachment….”

    Has he forgotten about John N. Mitchell - “the first United States Attorney General ever to be convicted of illegal activities and imprisoned”? - cf. http://en.wikipedia.org/wiki/John_N._Mitchell

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