There’s been some grumbling of late that if Senate Dems successfully defeat Michael Mukasey’s Attorney General nomination, the Bush White House may just turn around and offer someone even worse.
Mukasey’s future remains in doubt, but that’s one scenario Dems need not fear.
President Bush yesterday warned Democrats that if they do not confirm his attorney general nominee, Michael B. Mukasey, the U.S. might have no attorney general for the remainder of his term.
The president painted the nomination as a key part of the war on terror during two talks in a day during which two of the Democratic Party’s most prominent senators publicly announced their opposition to the Mukasey nomination based on his unwillingness to declare an interrogation technique called “waterboarding” to be torture and thus illegal. […]
“If the Senate Judiciary Committee were to block Judge Mukasey on these grounds, they would set a new standard for confirmation that could not be met by any responsible nominee for attorney general,” he said. “That would guarantee that America would have no attorney general during this time of war.”
I don’t mean to sound picky, but as of right now, we already have no attorney general during this time of war. Alberto Gonzales resigned in disgrace, and there’s been an acting AG since he fled from the DOJ.
As Oliver Willis noted, it’s really not much of a threat: “I don’t think it’s the worst thing in the world for this country to go 13 months without a Bush-appointed attorney general. This administration has already trashed the place, why give them more authority to do so?”
The process continued to unfold today, including one major new “no” vote.
Senate Judiciary Committee Chairman Pat Leahy (D-Vt.) has been quiet about his intentions the past several days, but today he ended the suspense.
The chairman of the Senate Judiciary Committee said Friday he won’t support Attorney General nominee Michael Mukasey, potentially derailing his confirmation over complaints that he hasn’t taken a full enough stand against torture.
“No American should need a classified briefing to determine whether waterboarding is torture,” said Sen. Patrick J. Leahy, D-Vermont.
The president, meanwhile, is still pushing.
President Bush campaigned again today for his embattled nominee for attorney general, Michael B. Mukasey, envisioning a “fight on the Senate floor coming next week,” and declaring that Mr. Mukasey must win for the good of the country.
“He’s a good man, he’s a fair man, he’s an independent man, and he’s plenty qualified to be the attorney general,” Mr. Bush said at the airport here. “And I strongly urge the United States Senate to confirm this man, so that I can have an attorney general to work with to protect the United States of America from further attack.”
I thought it was interesting that the president referenced a floor fight. It’s possible that Bush doesn’t really understand how the nomination process works, but I suspect he meant that he expects the Senate to consider Mukasey’s nomination even if he’s defeated in the Judiciary Committee, which seems increasingly likely.
And then, of course, there’s the one inevitable question that’s been lingering in the background.
There is speculation that Bush might install Mukasey during the congressional holiday break. That recess appointment would enable Mukasey to serve unconfirmed until a new Congress convenes, and Bush leaves office, in January 2009.
But congressional sources said they doubted that Senate Majority Leader Harry Reid (D-Nev.) would stand for such a maneuver.
Stay tuned.