Dems Cave (Again)

Well, that was quick. I didn't think that we'd likely be talking about this again until Monday, but it appears that some Democrats didn't want to keep the suspense up over the weekend. Senators Schumer and Feinstein, who both sit on the Senate Judiciary Committee, have agreed to vote to confirm Mukasey as attorney general. Presumably any leverage that might have existed to force the Bush administration to deal with Democrats on the issue disappeared along with the suspense.

I can't say I'm surprised. I predicted he'd be confirmed yesterday morning. But it would've been nice if they could've done it in such a way that didn't convey their turning over and lying dead in front of anything the Prez might want.

Over on Talking Points Memo, John Dean makes an unfortunate comparison to a previous president he knew, but he also includes a nice compromise on Mukasey that Dems can still push (not that they will, mind you).

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.

That's all well and good, but somehow I think the final situation will tend to reflect Atrios's take rather than Dean's.

It seems that the senators want Mukasey to declare numerous acts of the Bush administration to be violations of law, constitution, and treaty, without taking the next logical step... which is calling for the investigation, prosecution, and imprisonment of those who authorized and committed those illegal violations.

You need political will to do anything close to what Dean has suggested, and that's what seems to be particularly lacking in this Senate.