Senator Charles Schumer, the New York Democrat who turned the tide for this nomination, said that if the Senate did not approve Mr. Mukasey, the president would get by with an interim appointment who would be under the sway of “the extreme ideology of Vice President Dick Cheney.” He argued that Mr. Mukasey could be counted on to reverse the politicization of the Justice Department that occurred under Alberto Gonzales, and that Mr. Mukasey’s reticence about calling waterboarding illegal might well become moot, because the Senate was considering a law making clear that it is illegal.
That is precisely the sort of cozy rationalization that Mr. Schumer and his colleagues have used so many times to back down from a confrontation with Mr. Bush. The truth is, Mr. Mukasey is already in the grip of that “extreme ideology.” If he were not, he could have answered the question about waterboarding.
http://www.nytimes.com/2007/11/11/opinion/11sun1.html?_r=5&ref=opinion&oref=slogin&oref=slogin&oref=slogin&oref=slogin&oref=loginSchumer and Feinstein said they took solace in Mukasey's assurances that he would enforce any future waterboarding ban passed by Congress. That argument prompted a robust retort from Sen. Edward M. Kennedy (D-Mass.).
"He will, in fact, enforce the laws that we pass in the future? Can our standards have really sunk so low?" Kennedy said. "Enforcing the law is the job of the attorney general. It's a prerequisite, not a virtue." . . .
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/06/AR2007110600176.html?nav=rss_politicsAccording to CNN, Sens. Charles Schumer (D-NY) and Dianne Feinstein (D-CA) will vote for the confirmation of Michael Mukasey as attorney general.
The move by the two Judiciary Committee Democrats all but assures that the nomination will make it to the Senate floor where confirmation is expected.
Roll Call (sub. req.) also confirming.
From the AP:
"This is an extremely difficult decision," Schumer said in a statement, adding that Mukasey "is not my ideal choice."
http://talkingpointsmemo.com/archives/057797.phpNo one will ever say "poor Chuck Schumer."
But Chuck is in a bind, to be sure. He's never been shy about taking credit. And when the White House was reportedly musing about selecting someone like Ted Olson to replace the attorney general who Schumer helped drive from office, Schumer didn't hesitate to publicly recommend a "consensus" candidate
like his old acquaintance Michael Mukasey.
Now, as we said yesterday, it all comes down to the Senate Judiciary Committee, of which Schumer is a very vocal member. And with four Democrats already coming out against Mukasey, Schumer's in the novel position of being one of the key swing votes, reports The Washington Post:
Republicans privately say that the nominee's prospects hang on a few votes, particularly those of Schumer and Sen. Dianne Feinstein (D-Calif.), who has broken ranks with her party in the past.
Until yesterday, Schumer was ducking cameras rather than answer questions about Mukasey. And when he finally talked to reporters, it was clear why he'd been camera shy. He told reporters yesterday on a conference call that he's caught in a "substantive tough spot." And even during that call he vaulted back and forth on how he might vote:
"From this administration, we will never get somebody who agrees with us on issues like torture and wiretapping," Schumer said at one point, suggesting an argument in favor of Mukasey, who faces a Senate Judiciary Committee vote on Tuesday. "The best thing we can hope for is someone who will depoliticize the Justice Department and put rule of law first."
http://www.tpmmuckraker.com/archives/004628.php
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