By Dave Lindorff

Attorney General Michael Mukasey has caught some flak for
proposing, in an address to the American Enterprise Institute, that
Congress should declare war on Al Qaeda.

Instead, he should be applauded for his brilliant idea.

First of all, Mukasey is admitting, whether he wants to admit it or
not, that the Bush/Cheney program of capturing alleged terrorists and
holding them for years as enemy combatants without charge in detention
centers in Afghanistan, Iraq, Guantanamo Bay, Cuba, and various
undisclosed locations around the globe, and of torturing many of them,
are illegal actions that violate US law and International Law. So let’s
give him credit for that.

I have no sympathy for New York Gov. Eliot Spitzer, the hot-shot prosecutor of call-girl operations who was hoist on his own petard, as it were. I mean, what a jerk! And aside from the hypocrisy, what a fine message he was sending to his three teenage daughters about the role of women.

Having said that, Spitzer's bust should give pause to those in Congress who are ready to hand President Bush a free pass to continue his six-year campaign of warrantless spying on Americans.

Harper's Scott Horton just dropped da turd in da tank. Seems as though a few "movement conservatives" got some "private time" with the "independently minded" Judge Mukasey. They made two offers he couldn't refuse. First, don't appoint a special prosecutor to investigate the US Attorneys scandal - that's essential to protect the Bush toadies Rove and Miers. Secondly, they wanted Mukasey's assurance that he would continue the protection of the authors of the waterboarding torture program.

Welcome, folks, to the world of Alice in Wonderland, as we peer down into the rabbit's hole, reading Senator Schumer's (ir)rationalization for endorsing Mukasey:

"...the job will not be finished until we get a strong and independent attorney general. I believe Judge Mukasey is that type of person. Should we reject him, it is almost certain that an acting, caretaker attorney general will take office without the advice and consent of the Senate. Inevitably, that would enable those in this administration, who do not believe in the rule of law, and have done things that caused even former Attorney General Ashcroft to threaten resignation, to have the complete upper hand.

Here is Chuck Schumer's justification for supporting Mukasey:

This afternoon, I met with Judge Michael Mukasey one more time. I requested the meeting to address, in person, some of my concerns. The judge made clear to me that were Congress to pass a law banning certain interrogation techniques, we would clearly be acting within our constitutional authority. And he flatly told me that the president would have absolutely no legal authority to ignore such a law, not even under some theory of inherent authority under Article II of the Constitution. He also pledged to enforce such a law and repeated his willingness to leave office rather than participate in a violation of law.

Congress did pass a law banning "certain interrogation techniques" - it banned all forms of torture.

Update 11/08: Mukasey was confirmed 53-40 with 6 Democrats (Evan Bayh, Tom Carper, Dianne Feinstein, Mary Landrieu, Ben Nelson, Chuck Schumer) voting with 47 Republicans. A filibuster would have been successful but no Senator was willing to lead it.

Bush's nominee for Attorney General, Michael Mukasey, refuses to acknowledge that waterboarding is torture, even though it was used for torture by the Spanish Inquisition, the Japanese in World War II, and Cambodia's Khmer Rouge. He also insists the President can ignore the law to wiretap American citizens without a warrant. He has thus proven his contempt for the Geneva Conventions, the Rule of Law, and the Constitution itself.