Of Mukasey, straw men, and the usual GOP handwringing

I’m not sure what to make of the Mukasey nomination hearings. On the one hand, I think they’re just a kangaroo court. If the Dems vote this guy down, the President will keep his acting AG – who is every bit the political stooge that he would want.

However – when you have a nominee for the Attorney General of the United States refusing to declare that water-boarding is torture (and therefore, unconstitutional) – you’d be pretty stupid to sign off on him.

Here’s the central exchange: (SJC Hearing 10/18/2007)

SEN. SHELDON WHITEHOUSE, D-R.I.: Just to finish that thought: So is water-boarding constitutional?

MUKASEY: I don't know what's involved in the technique. If water-boarding is torture, torture is not constitutional.

WHITEHOUSE: If water-boarding is constitutional is a massive hedge.

MUKASEY: No, I said, if it's torture. I'm sorry. I said, if it's torture.

WHITEHOUSE: If it's torture? That's a massive hedge. I mean, it either is or it isn't.
Do you have an opinion on whether water-boarding, which is the practice of putting somebody in a reclining position, strapping them down, putting cloth over their faces and pouring water over the cloth to simulate the feeling of drowning -- is that constitutional?

MUKASEY: If it amounts to torture, it is not constitutional.

WHITEHOUSE: I'm very disappointed in that answer. I think it is purely semantic.

Let’s put that exchange against the President’s pretend outrage about Mukasey even being asked such questions:

(via Reuters)

"I believe the questions he's been asked are unfair," Bush said in an Oval Office session with reporters. "He's been asked to give opinions of a program -- or techniques of a program -- on which he has not been briefed."

The President’s statement is foolish for two reasons. First, Mukasey wasn’t asked about a classified program, he was asked about water-boarding in general. As in, “Given your understanding of what water-boarding entails, is your professional legal opinion that it is properly classified as torture under US law?”

This question touches on two sets of knowledge that Mukasey has, and is free to speak about. He is choosing not to.

What’s even dumber about the President’s statement is that even if the question was specific to a secret program, Mukasey could have been briefed about the program beforehand. He just wasn’t.

So, the Pres is denouncing questions that weren’t asked, but that any honest nominee would have been prepped for. It’s the same old press strategy of making sure there are some quotes out there that scan well – even if they are total crap.

….

I especially like the continuation of the tired old trend of GOP senators expressing “concerns” about some administration policy/nominee – before lining up to vote the party line, again.

Once again, we have Sens. McCain and Graham out in front of the handwringers, loudly calling the press over to watch them.

“Can anyone help me? I have a list of platitudes to recite! Oh, won’t someone watch me pay lip-service to morality?”

After the media dutifully provides them a veneer of statesmanship – these turkeys will march down to the Senate chambers and start writing Mukasey love letters like this (emphasis added):

"We share your revulsion at the use of waterboarding and welcome your commitment to review existing legal memoranda covering interrogations and their consistency with current law. It is vital that you do so, as anyone who engages in this practice, on behalf of any U.S. government agency, puts himself at risk of criminal prosecution, including under the War Crimes Act, and opens himself to civil liability as well.

"We must wage and win the war on terror, but doing so is fully compatible with fidelity to our laws and deepest values. Once you are confirmed and fully briefed on the relevant programs and legal analyses, we urge you to publicly make clear that waterboarding can never be employed."

Yes, McCain – the Senate’s loudest (and least-assailable) voice on torture is saying he’d vote for a man who refuses to disavow waterboarding – but he’d urge Mukasey to denounce it once he’s beyond the reach of the Senate.

Sen. Graham is just another GOP tool, I expect nothing of him, but if this is what passes for character in McCain’s mind – this guy has sold every ounce of his soul to run for President.

I hope Mukasey tanks. At least to make the point that we're all tired of the same old puppet shows.