Wartime powers and Mukasey
Senators' disquiet over nominee is rooted in presidential authority.
By Peter Grier | Staff writer of The Christian Science Monitor
from the November 8, 2007 edition
Washington - Much of the opposition to retired federal judge Michael Mukasey's nomination to be the next attorney general has centered on his refusal to call the harsh interrogation technique of waterboarding torture. But some senators, both Republicans and Democrats, are concerned about another aspect of Mr. Mukasey's view of the law: his embrace of expanded wartime powers for the president.
This disquiet, however, is unlikely to interfere with Mukasey's confirmation. Following his approval by the Senate Judiciary Committee on Tuesday, Mukasey seems virtually certain to win a full Senate vote on his nomination within the next few weeks.
But the unease may help explain why Mukasey's march to the Justice Department has proven so unexpectedly difficult.
"When significant conflicts arise in the confirmation process, there is usually a context of deeper problems," says William Ross, a law professor at the Cumberland School of Law at Samford University in Birmingham, Ala. "Some senators are worried about the expansion of executive powers under President Bush and feel the Senate has not exercised its proper oversight role."
Whether the commander in chief has the ability unilaterally to decide some fateful issues bearing on the nation's security is a question that has long been a source of tension between the White House and the Democratic-controlled Congress.
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http://www.csmonitor.com/2007/1108/p01s06-usgn.html