On Mukasey, Feinstein doesn't get it; Jack Balkin explains

[ProSense]

Sen. Feinstein: Judge Mukasey has my vote

The attorney general nominee's answers on torture are clear, and he will rise to the challenges of the job.

By Dianne Feinstein
November 3, 2007

<...>

Judge Mukasey is not Alberto R. Gonzales. In our confirmation hearings (and subsequently, in writing), Judge Mukasey's answers to hundreds of questions were crisp and to the point, and reflected an independent mind. That's why I intend to vote to confirm him to be our next attorney general. I truly believe he will be a strong advocate for the American people.

The Justice Department is in desperate need of effective leadership. It is leaderless, and 10 of its top positions are vacant. Morale among U.S. attorneys needs to be restored, priorities reassessed and a new dynamic of independence from the White House established.

I believe that Judge Mukasey is the best nominee we are going to get from this administration and that voting him down would only perpetuate acting and recess appointments, allowing the White House to avoid the transparency that confirmation hearings provide and to diminish effective oversight by Congress.

Serious questions have been raised about Judge Mukasey's views on torture and on the separation of powers.

<...>

The bottom line is this: I hope that Judge Mukasey will fairly and evenhandedly represent the American people and direct the Justice Department wherever the facts and the law lead, not where the White House dictates.

Our nation needs a strong and independent attorney general, and I believe that Judge Mukasey will rise to the challenge.

(Emphasis added, see Scott Horton's comment below)

Saturday, November 03, 2007

When Diane Can't Read

JB

Explaining why Judge Mukasey has her vote, Senator Feinstein opines:

As Judge Mukasey wrote, waterboarding is clearly against the law for the American military. Waterboarding is clearly prohibited by the Convention Against Torture and the Geneva Convention. It was again prohibited by the Detainee Treatment Act, which only covers military interrogations.

Congress should go further and explicitly ban waterboarding and other so-called enhanced interrogation techniques for all parts of the government.

Just one little problem with this logic. The prohibition on torture already applies to all parts of the government. Apparently Senator Feinstein has not read the Detainee Treatment Act, which she voted for.

SEC. 1003. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.

(a) In General- No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.

(b) Construction- Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section.

And what of 18 USC section 2340A, which Congress enacted in 1994 to enforce the Convention Against Torture?

(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

What does it say about our elected representatives that Senators simultaneously believe that waterboarding is torture but also believe that CIA interrogations using waterboarding are currently legal? Does Senator Feinstein really believe that torture is currently legal in America? Or does she just not care?

Also note John Dean and Scott Horton (who has worked with Mukasey):

I have very strong conflicting views about the vote which is coming in the Judiciary Committee. I believe that Mukasey, as an individual, is exceptionally well qualified to serve as attorney general. I would approve the Mukasey who says he "personally" finds waterboarding abhorrent. But I am troubled by the "official" Mukasey who is being trotted out as something different. And I believe that the nation cannot, at this stage, accept the appointment of an attorney general who refuses to come clean on the torture issue. In the end this is essential to national identity, and to the promise of the Justice Department to serve as a law enforcement agency. Too much of what the Justice Department has done of late has little resemblance to law enforcement. Rather it looks to be just the opposite.

If the Bush Administration wants to turn torture into a litmus test, so must Congress. The question therefore ultimately becomes one of principle and not personality. The Judiciary Committee should not accept any nominee who fails to provide meaningful assurance on this issue. And, though it saddens me to say this, Michael Mukasey has not.

(Emphasis added)

More Balkin.

[Taverner]

1. Feinstein is Lieberman-lite

Actually, not really lite at all. She's been a total Neocon enabler, unlike her other counterpart in the Senate (Boxer) who faught the neocons long before it was popular to do so.

[ChairmanAgnostic]

11. doesn't she weigh a tad more? between her lips and hips . . .

just asking

[aquart]

2. According to Feinstein, Congress is helpless against Bush.

"I believe that Judge Mukasey is the best nominee we are going to get from this administration and that voting him down would only perpetuate acting and recess appointments, allowing the White House to avoid the transparency that confirmation hearings provide and to diminish effective oversight by Congress."

This should frighten everyone. If a Democratic Congress rolls over for a hated, despised, low-rated Republican, what on god's earth will it give to a Democratic president? If we get a heavy congressional majority, we will only have it for two years, because there seems to be no sense of limit to presidential power, no sense of the POWER OF THE CONGRESS.

Whoever is perceived as delivering REAL congressional oversight will win the mid-terms.

[opihimoimoi]

3. She is BSing us...whad she think, we stupid? ITS CLEAR as Day

W/Bing is Torture

Mukasey has refused to say whether or not w/b is torture...farsing with moot words....because he was not clear....she goes and votes YES?

She is giving Dems a Bad Name...and America as well...

She has just voted for TORTURE....she has become a PRO TORTURE PERSON and hence should be REMOVED ASAP....

[sam sarrha]

4. only one reason... they have photos or something, not reason but fear

[Solly Mack]

5. Precisely...and people are allowing themselves to be lulled by

bullshit statements like "Congress should go further and explicitly ban waterboarding and other so-called enhanced interrogation techniques for all parts of the government"

HELLO!!!! They already are banned for ALL parts of government!!!!

[Disturbed]

6. After she visited Busholini on Air Force One Dino Feinstein

was converted to the Fascist Mindset. Busholini might be a hypnotist.

[DeSwiss]

7. It has been suggested....

...http://www.tpmmuckraker.com/archives/004635.php"> by a poster at TPM that DiFi is being blackmailed by BushCo for illegal acts involving her husband's business dealing, particularly with government contracts. And in Chuckie's case, campaign contributions.

If true, it would explain quite a bit.

K&R

[DCKit]

10. Excellent link.

I didn't read all the posts, but only one of them was even semi-kind to either senator.

The CA crowd, in particular are disgusted. Any chance they could recall DF before she does any more damage?

[DeSwiss]

14. I checked out DU's California Forum.....

...shortly after Chuck and DiFi's announcement. So far no one's seriously discussing recall over there, but it has been brought up.

Problem is, DiFi was just reelected. So recall is the only sensible option if anythings going to be done at all. But right now it seems that they're caught-up watching the Repukes closely to avoid another attempt at changing the way electoral votes are granted in the general election. http://www.nytimes.com/2007/11/03/us/politics/03ballot.html?ex=1351742400&en=33f4e6852dbeb9df&ei=5088&partner=rssnyt&emc=rss">It appears that effort may not be dead.

But if its true about the blackmail, then it can work for others too. So we'll never be safe from their treachery to the Democratic Party as long as they stay. If we can get a big enough majority in the Senate in 08, then maybe after Ahnnuulld's term is over, she can be "persuaded" to resign. Chuck could go anytime for my money. I've never liked him any damn way....



on edit: spelling

[MonkeyFunk]

16. It's not being seriously discussed

because most people are aware that you can't recall a US Senator.

[DCKit]

8. The people of her district should have put her on notice.

Unless it's no longer the same liberal SF that I've heard of.

[mark414]

12. her "district" is the state of California

she's a Senator

[peacetalksforall]

9. What is really impossible to accept: Republicans in the last dozen or more years

march in lock-step on every vote they think is important to them - and even when it seems to go against the judgement of Snowe and Collins. The Democrats cannot recognize a lock-step issue - ever.

Can you imagine - they are going to vote support for mediaeval torture?

Who the hell are these people. You praise them a tiny bit for some things then they just destroy humanity as you learned it.

I will NEVER respect either of them again. And freepers all over this country can be proud of all the lock step voting of their leaders.

I guess I am not being a good sport.

[ladjf]

13. She knows exactly what she is doing. She's taking care of her

greedy ass and abandoning the best interests of America.

[diane in sf]

15. Feinstein's husband is busy making money in Iraq, she is complicit in pro-

longing this war and all that implies.

I do not vote for her, I cannot vote for an official Repug either, She essentially is the Repug senator from California with Boxer being the Dem. I hope they do not run Arnie against Boxer in her next election--there are quite a few lackwits who'd actually vote for the terminator--tho not in SF thank dog.

[ProSense]

17. Kick! n/t