FDL: Mukasey, Feinstein and the Constitutional Wing of the Democratic Party

[babylonsister]

Mukasey, Feinstein and the Constitutional Wing of the Democratic Party
By: Scarecrow

While the Beltway media remain preoccupied with trivial, sometimes manufactured issues about Presidential records, drivers’ licenses, and kitchen metaphors, the Senate Judiciary Committee will vote Tuesday on whether to confirm an Attorney General nominee who won’t declare waterboarding is torture and thus illegal, but who may shield the Bush Administration from accountability for violating the Constitution and the rule of law.

On the issues actually critical to American democracy, the great divide is between the leaders of the Constitutional Wing of the Democratic Party, like Russ Feingold, and members of the corrupt Beltway establishment like Diane Feinstein. Russ Feingold joined at least five other Committee Democrats who care about the Constitution by announcing his opposition to Mukasey. Feingold’s statement (h/t C&L’s Amato) is honest, straightforward and clear in its principles:

“I will vote against the nomination of Judge Mukasey to be the next Attorney General. This was a difficult decision, as Judge Mukasey has many impressive qualities. He is intelligent and experienced and appears to understand the need to depoliticize the Department of Justice and restore its credibility and reputation.

At this point in our history, however, the country also needs an Attorney General who will tell the President that he cannot ignore the laws passed by Congress. Unfortunately, Judge Mukasey was unwilling to reject the extreme and dangerous theories of executive power that this administration has put forward.

The nation’s top law enforcement officer must be able to stand up to a chief executive who thinks he is above the law. The rule of law is too important to our country’s history and to its future to compromise on that bedrock principle.”

Feingold was probably aware of Scott Horton’s report that Mukasey met privately with members of the Federalist Society and reportedly gave them “vague assurances” that he would not take any steps — such as John Dean’s suggestion to designate a special prosecutor — to hold Administration officials accountable for ordering torture or other violations of the law. Is it possible Mukasey would have tolerated a discussion that bordered on obstruction of justice?

In contrast to Feingold’s principled stand, Senator Diane Feinstein, appearing on CNN, was disingenuous defending her announcement to vote for Mukasey. She argued, as had Senator Schumer on Friday, that Mukasey promised to uphold a statute outlawing waterboarding. She forgot to mention she had already made her decision earlier last week, apparently before Mukasey made his commitment to Schumer.

more...

http://www.firedoglake.com/2007/11/05/mukasey-and-the-constitutional-wing-of-the-democratic-party/

[Solly Mack]

1. K&R

[havocmom]

2. Feinstein HAS to go. The good people of California and the nation deserve better

than this sell-out sham

[caligirl]

3. calling and emailing, this is awful, I cannot support her now. I've bent over

backwards to withhold judgment and allow for disagreements on many issues. This is just an awful thing for her to do and she needs to be replaced in the next election(not by Arnold).

[annabanana]

4. I am profoundly distressed by Chuck's decision...n/t