AG nomination Drama Wanes in Senate, Perks Up in House

[babylonsister]

http://blog.washingtonpost.com/capitol-briefing/


AG nomination Drama Wanes in Senate, Perks Up in House


All the suspense is gone as the Senate Judiciary Committee meets today to approve the nomination of Judge Michael B. Mukasey to succeed Alberto Gonzales as attorney general.

Sens. Charles Schumer (D-N.Y.) and Dianne Feinstein (D-Calif.) assured that President Bush would get his choice confirmed by announcing their support for Mukasey last Friday, joining the nine committee Republicans likely to support him. And as of Monday afternoon, Democratic leaders had made no plans to filibuster the nomination, nor had any rank-and-file Democrat indicated his or her intention to force a cloture vote on Mukasey.

But there may be real drama awaiting Mukasey in the House, where Democratic leaders are threatening to drop a political grenade in his lap on his first days in office, after the Senate completes work on his nomination.

House Democrats moved on two fronts to rekindle a constitutional showdown over contempt of Congress charges against the White House and former West Wing aides. Rep. John Conyers (D-Mich.), chairman of the House Judiciary Committee, sent White House Counsel Fred Fielding a letter setting this coming Friday as a deadline for resolving the dispute over President Bush's claim of executive privilege. He has refused to allow aides to testify or to turn over documents related to internal deliberations on the firing of U.S. attorneys last year.

If Fielding refuses - and early indications from the White House are that he will remain steadfast - there's a very real chance that House Speaker Nancy Pelosi (D-Calif.) will bring the contempt charges to the full House some time next week. Just as the Senate is confirming Mukasey to take over the beleaguered department.

Mukasey's predecessor had stated that the U.S. attorney's office for the District of Columbia would not bring contempt charges against former White House Counsel Harriet Miers and others because they had based their refusal to testify on internal Justice Department advisory opinions saying the executive privilege claim was accurate. Mukasey appeared to indicate in that fateful second day of his confirmation hearings that he supported the Gonzales view, saying it would not be appropriate for the very same Justice Department that advised Miers against testifying to turn around and prosecute her for that refusal.

There's no assurance they really will follow through on their threats, considering Monday's letter was the ninth time Conyers asked Fielding for help. But If the House Democrats do pass contempt charges, then Mukasey's honeymoon period as the attorney general could be over before he sits down for his Thanksgiving meal.

After last week's build up of anti-Mukasey momentum, today's Senate Judiciary Committee vote had the potential to be a make-or-break vote with Sen. Herb Kohl (D-Wis.) l casting the deciding vote. Instead, it has turned into an orchestrated debate and vote in committee, with the only issue remaining being whether Mukasey wins by an 11-8 or 12-7 margin, depending on how Kohl finally votes. He's the only committee member who has yet to disclose his position.

[fasttense]

1. I'm sure the Democrats will broker a deal

where Democratic leaders will send Mukasey a nasty worded letter.

[gratuitous]

2. Thanks a lot, Chuck and Dianne

Schumer has an editorial in the New York Times today, saying that the Justice Department is in "desperate need" of a "strong leader." Based on Mukasey's testimony, we're getting another sycophant in a long line of toadies from this administration who place loyalty to George W. Bush above the country. It hasn't been a real encouraging parade, Mr. Schumer.

Schumer further states that if Mukasey isn't confirmed, Justice will be led by a recess appointment interim who isn't answerable to the Senate. Apparently Schumer suffers from a peculiar form of Alzheimer's that prevents him from remembering the sterling unaccountability before the Senate of such administration stalwarts as Alberto Gonzales, who was likewise confirmed by the Senate. Schumer's personal credo appears to be "Fool me once, shame on you; fool me again and again and again, and I'll give you another chance to fool me again." Mukasey lied right to Schumer's pinched little face, and he's going to vote to confirm him.

But next week, when the contempt citations hit the Justice Department, and Mukasey refuses to enforce them, what will Schumer do or say then? Does he think Mukasey, now confirmed, will answer to the Senate? What if, gasp of gasps, Mukasey was lying to Schumer, and he has no intention of enforcing the law against his political patron George W. Bush? I know, it's practically beyond the realm of possibility, and I had to really concentrate hard even to find the words, but what is Schumer's Plan B when it turns out that Mukasey is just like every other Bush appointee?