The Exhaustion Of Partisan Wrangling?
The Washington Post analyzes the career of Attorney General nominee Michael Mukasey and delivers a positive review, calling Mukasey "conservative, but not doctrinaire, and fair". The Post's conclusions have largely been accepted across the political spectrum. Could this indicate a relatively free ride for Mukasey?
Many lawyers who have practiced before Mukasey, 66, describe him as conservative but not doctrinaire, and fair. The long judicial record created by Mukasey's 18 years as judge on the U. S. District Court for the Southern District of New York included thousands of cases that ranged from high-profile terrorism trials to lengthy insurance battles over liability in the Sept. 11, 2001, attacks on the twin towers, and a case in which a jury awarded $100 to a woman who said boxer Mike Tyson grabbed her buttocks.His generally conservative demeanor on the bench and his self-confidence seem particularly pronounced in his handling of the complex trial of Omar Abdel Rahman, the "blind sheik," after the 1993 bombing of the World Trade Center. After a long Rahman complaint at sentencing, he said: "You should be assured that there is no shortage of will in this country to deal with the threat of violence from any source. If you look at the record of even the relatively recent past -- the last 50 years of this country -- you will find that this country has faced militant fascism, and prevailed; it faced militant communism, and prevailed." ...
Scott Horton, a former partner at Mukasey's law firm of Patterson Belknap Webb & Taylor who specializes in human rights law, wrote on his blog at Harper's Web site that "civil libertarians will find no shortage of things to dislike about Michael Mukasey." Nonetheless, Horton enthusiastically endorsed Mukasey's nomination, calling him "not just a prominent judge, he is a judicious personality."
Despite Mukasey's conservatism, liberal advocacy and civil rights groups have signaled tentative support for the confirmation of the now-retired judge. "It's premature to endorse his confirmation," said Wade Henderson, president of the Leadership Conference on Civil Rights. "Early reports have been encouraging."
It seems as though everyone, from the White House to advocacy groups, have tired of partisan sniping over non-judiciary appointments. The resignation of Alberto Gonzales may have given everyone a chance to take a breath. The short tenure of his replacement will also factor into the small amount of resistance that will arise with Mukasey.
Of course, Democrats would have two problems in fighting Mukasey. First, they practically pre-endorsed him by offering him as an alternative to John Roberts and Samuel Alito for the Supreme Court in 2005. It would be difficult to argue that he deserved a lifetime appointment to the highest court, but somehow can't be trusted to lead the Department of Justice for 16 months. Second, the Democrats have used the mess at the DoJ as a club with which to beat the Bush administration. If they want the department to get back to business, they need a new AG as quickly as possible, and that doesn't leave much room for power plays.
The Senate Democrats made a demand that the Bush administration release more paperwork regarding the firing of eight US Attorneys this week as a prerequisite for confirmation. However, they haven't mentioned it since, and it almost seems like a reflex action, one designed to make a token effort to their base. No one seems to have the stomach for a confirmation battle at this point, probably because both sides have kept their powder dry for the Iraq war debate.
If Mukasey continues to get positive reviews in the media, this process will go quietly and quickly. Let's hope that it signals at least a truce in these bruising confirmation fights.
Posted by Ed Morrissey on September 21, 2007 8:46 AM | Comments (14) | TrackBacks (2)
Comments (14)
Posted by sherlock | September 21, 2007 9:20 AM
"If Mukasey continues to get positive reviews in the media, this process will go quietly and quickly."
Yes, hopefully the media will approve of our President's latest appointment. It is so critically important to take the pulse of those whom the politicians actually serve.
A few hundred people get polled with questions designed to get the result the Dems want, the poll results get "interpreted" by the media and voila!... we have the new voice of the people.
Posted by hermie | September 21, 2007 9:43 AM
I'm sure that somewhere, there will be an accusation that Mukasey is 'insensitive' to minorities, and that Barbara Boxer is 'concerned' about that.
Posted by Butch59 | September 21, 2007 10:08 AM
I wouldn't bet the farm on this. The Democrats seem to reflectively oppose ANY appointee of President Bush. I have come to beleive that they would oppose Jesus Christ Himself if He were appointed for any position the the Busch administration.
Posted by The Yell | September 21, 2007 10:17 AM
Or, having determined how easy it is to topple a Bush AG, they would rather approve him with public criticism of the Administration, and then turn on him for not pulling down the temple from within.
Posted by Georg Felis | September 21, 2007 10:40 AM
Of course the Democrats will be the model of restraint and composure as they quickly pass this highly qualified conservative thru the confirmation process, and would not stoop to any sort *snicker* of derogatory insults *chuckle* or personal attacks *heh*… Oh, I give up, I can’t keep a straight face and say that. Just wait until he announces that the Justice Department has already produced all the documents that they are going to produce in the US attorneys firing pseudo-scandal. Then the daggers of the Schumer Democrats will come out and the press will run all those stories they’re researching now to make him look like some serial killer.
Posted by docjim505 | September 21, 2007 10:56 AM
Cap'n Ed, don't hold your breath! Once things really start rolling and it gets closer to time for Leaky, Trashcan, Babsy and the rest to hold hearings, the mud will be delivered to the Capitol in truckloads to get Mukasey. It's just how dems operate.
Posted by Carol Herman | September 21, 2007 11:39 AM
TRANSLATION: Bonkeys are out of food. Out of ammunition. And, they're terrified, as their low poll ratings head even further down into the gutter.
While poised, ahead, comes September 26th.
The Congress is "rationing what's left," now ... because Wide-Stance Larry might have meant by "intent," SCREW YOU.
Posted by Paul A' Barge | September 21, 2007 11:40 AM
"conservative, but not doctrinaire, and fair"
You mean p*ssy.
Posted by Carol Herman | September 21, 2007 11:45 AM
Alas, if Mu-kaka-sey passed this "AG" smell test?
It gives Bush an easy card to play if Stevens retires, or Ruth Bader Ginsberg drops dead.
I wouldn't put it past him. He's a strange guy; in love with second raters, for the most part. Who slides away from opportunities.
Since he gets to lead, anyway; that's about par for the course.
What excuses could he run? He needs more energy to do "what he's doing" in Irak. Which was known 3 years ago. And, could have been accomplished much more safely. What's that?
Divide the country into 3 parts. The sunnis could have been trucked into Anbar; out of Baghdad.
The Kurds did this for themselves, automatically.
And, the "parliament" such as it is; could'a been set up with "teleconferencing."
Would have been much easier.
It's still the path.
And, Bush hates Maliki with the same intensity as he did the day Maliki got elected. And, the American picks: Chalabi and Allawi. Got sidelined by the voters.
Meanwhile? Bush just plays his low cards.
And, yes. He's very, very lucky.
Lucky to be president, too. Because he used what the Bush Family knows about the republican party's insider apparatus; to get to the top. (Just like Poppy got to be Reagan's veep.)
It's HERE that the party stinks to high heavens.
And, someday, it will be noted, that's where they tend to make their "arrangements," and their mistakes.
Sure. 2008 begins the pivotal repairs; IF we are lucky.
So sad to see the Bonkeys in such disarray; and the GOP leadership preferring prom dresses and perks, to all the much better stuff. Not so easy to bounce them out of office, once they own the roadmaps to pork.
Posted by DubiousD | September 21, 2007 11:45 AM
One word: Petraeus.
Posted by jpe | September 21, 2007 11:47 AM
It's not that people are exhausted, it's that he's a reasonable choice. How interesting that CQ would posit a theory of arational decision-making when a rational one fits well.
Posted by owl2 | September 21, 2007 11:59 AM
The resignation of Alberto Gonzales may have given everyone a chance to take a breath.
The resignation of Alberto Gonzales only gave the Dems a pure win. It had nothing to do with Gonzales (that was only the Pugs). It had to do with the notches on their belt. And they have racked up the notches. DeLay, Gonzales, Rummy, Rove, Libby, just to name a few.
This is also not a breathing space. They are regrouping because they always focus on the goal. They intend to win the trifecta. They can't quit the 'end the war' people but we will see all kinds of shifting. The Dems do not want peace with the Pugs in any form unless it puts them closer to goal. Always the goal. Then all will be revealed just as it was to anyone watching after they went back on everything they won the last election over.
They operate as a united group. The killing jab to the Pugs will be when they whip up immigration, close to the election. Pugs think this helps them but it will be the Dems that whip it up behind the scenes, because they KNOW and understand exactly how their MSM works. Have to hand it to them, they go after what they want and they intend to have it. Always ahead of the curve, like appearing in FL. And they do not have to worry about any goof-ups or corruption as they have that covered by their MSM. Jefferson? We lost Gonzales.
Posted by capitano | September 21, 2007 12:04 PM
Don't hold your breath; Leahy is making veiled threats (regardless of his statements to the contrary) to hold up the nomination pending receipt of documents from the White House:
"Judiciary Chairman Patrick Leahy said information about the administration's domestic spying program and firing of federal prosecutors would help prepare for confirmation hearings for Michael Mukasey, whom Bush nominated on Monday to replace Alberto Gonzales as chief U.S. law enforcement officer." ........
"I met with Judge Mukasey today hoping that after we get cooperation from the administration and are able to conduct a fair and thorough review process, all senators will be able to vote for his confirmation," Leahy said.
Leahy aides said the chairman was not threatening to postpone the confirmation hearing until the documents were provided and was hopeful he would reach an agreement with the White House."
Posted by Terrye | September 21, 2007 4:18 PM
owls:
You ever notice how into the whole immigration thing Mickey Kaus got? But he supported John Kerry in the last election and Kerry is not exactly Tancredo..I wonder who he will support in 08?
I think both parties have their vulnerabilities. The Democrats have national security and the Republicans have immigration, and the extremes in both parties swear the American people are with them.
I think the American people would just like to see some progress somewhere on something without a lot of drama and accusations and finger pointing and name calling and all the rest of it.