Mukasey: Another Attorney General Like Gonzales?

There is now well-documented evidence that the Bush administration is running roughshod over the rule of law, demonstrated by actions such as its warrantless wiretapping and repeated court rebuffs on military tribunals. It is also clear that President Bush has seriously damaged the United States’ moral authority through use of torture, withholding the right to challenge detention and extraordinary rendition.

I would have therefore expected that the Democratic-led Congress would demand that Attorney General-designate Michael Mukasey unambiguously declare his opposition to these policies. But the apparent green light from the Senate Judiciary Committee to move forward on the nomination is not reassuring.

As it is clear from Mukasey’s testimony that he cannot be trusted to return integrity to the Department of Justice, he should not be confirmed.

Mukasey has been unable to decide if the practice of waterboarding is torture. Despite the fact that the State Department has criticized other countries for using it. Despite the fact that after World War II, the United States prosecuted Japanese soldiers for engaging in the practice against U.S. soldiers. Despite that fact that U.S. military officials have called it torture. Even administration apologist Senator John McCain has called it “very exquisite torture.” If Mukasey’s powers of inquiry are so feeble that he can’t collect the facts he needs to come to a decision, then surely he isn’t fit to lead the nation’s law enforcement activities.

Mukasey’s view of executive privilege has more far-reaching consequences for the principles which are the cornerstone of our country’s moral clarity—namely the rule of law. In his testimony, Mukasey stated that it is acceptable for the President to violate laws written by Congress, as long as his actions are within the Constitution. That is dangerous thinking for a country founded upon the separation of powers. It is precisely this arrogance on the part of the Bush administration—that believes it can ignore, rather than challenge, the legislative branch—that is seriously eroding the protection of our constitutional and civil rights.

Hopefully the Democratic controlled Congress will stand up to Bush’s attacks on our country’s principles—as the electorate signaled they wanted last November—by refusing to support the nomination of Michael Mukasey for Attorney General.