After two days of testimony, it's clear that Michael Mukasey should not be confirmed. It's equally clear that Peter Keisler should not stay as Acting AG. And it's crystal clear that bushco pulled the switcheroo from Clement, who he originally named as Acting AG, to Keisler, to present the Senate with two completely untenable choices. I haven't a clue as to what I'd do if I were in the shoes of dem JC members. Do you? And remember, if Mukasey were to be rejected, Keisler, one of the worst bush toadies, stays in as Acting AG.
KEISLER: The bad, the ugly, and the worse.
8 things you need to know about Peter Keisler:
Keisler was a co-founder of the Federalist Society;
The Federalist Society was a check box in Goodling's evaluation of U. S. Attorneys;
Keisler oversaw the Administration's fight against habeas corpus for Guantanamo;
Keisler allegedly interfered with the Tobacco conspiracy trial;
Keisler received a recess appointment at age 24;
Keisler testified against extending whistle blower protections using arguments contradicting existing federal statutes;
Keisler defended secrecy for all Warrantless Surveillance info, arguing that even confirmation or denial of its existence threatens national security;
Keisler defended the Interior Department in Cobell v. Norton - a tour de force of legal maneuvering and alleged DOJ obstruction of justice.
http://scoop.epluribusmedia.org/story/2007/9/19/204313 (also Keisler was a key member of bushco's legal team in 2000)
D.C. Circuit Nominee Keisler Accused of Undermining Government Tobacco Case
UPDATE: D.C. Circuit Nominee Keisler Accused of Undermining Government Tobacco Case
03/22/2007 - Disturbing allegations have come to light that Peter Keisler—a co-founder of the Federalist Society and currently a nominee to the D.C. Circuit Court of Appeals—was involved in applying inappropriate political influence in the government's case against the tobacco industry.
Veteran Justice Department lawyer Sharon Eubanks has claimed that Assistant Attorney General Keisler and his then-deputy were two of three Bush administration political appointees at the Justice Department who worked to undermine the government's case.
The accusation is consistent with the politicization of the Justice Department under President Bush—most recently the firing of U.S. Attorneys for political reasons. The Senate Judiciary Committee must fully examine Keisler's role in the tobacco case.
In addition, the committee must fully examine Keisler's record as Associate Counsel and Assistant Counsel in the Reagan White House, where he reportedly worked on AIDS policy, the Bork Supreme Court nomination, and other controversial matters. That is currently not possible because nearly all the documents pertaining to his work there remain locked away in the Reagan Presidential Library, apparently at the behest of the Bush administration.
<snip>
http://www.pfaw.org/pfaw/general/default.aspx?oid=23422but the Senate has not acted to confirm the nomination.
The professional history of Justice Department political appointee Peter Keisler includes a prior nomination to the Fourth Circuit, which was withdrawn after being blocked by both Senators from Maryland. Senator Patrick Leahy (D-VT) and others have complained that the Judiciary Committee has received insufficient background materials on his nomination, currently omitting documentation of Keisler's Reagan-era work on arms sales, aid to Nicaraguan revolutionaries, and signing statements. " Keisler was described by Legal Times as "a well-connected Republican foot soldier during the 1980s and an acolyte of ultraconservative ex-D.C. Circuit Judge Robert Bork." Since joining the Justice Department more recently, he approved the government's unilateral concession of $120 billion in penalties previously sought from the tobacco industry, for which he has been publicly criticized by career lawyers in the Department.
<snip>
http://www.acsblog.org/separation-of-powers-peter-keisler-the-new-acting-attorney-general.html MUKASEY: The sort of OK, the bad, and the truly terrible:
Today Bush announced his new pick for Attorney General, a man who is not as bad as Alberto Gonzales or John Yoo, which is good. He's hardly anyone in which I would put any faith to protect the constitution during this "War On Terror," however.
Human Rights First:
Trial of Jose Padilla: Judge Mukasey supported granting terror suspects who are U.S. citizens select constitutional protections. While he ruled that the government had the power to detain Jose Padilla as an enemy combatant, he stood up to pressure from the Bush Administration and demanded that Mr. Padilla have access to counsel. He also ruled that Mr. Padilla was entitled to see the government’s evidence against him.
Judge Mukasey ruled that the government has the power to detain enemy combatants, regardless of their citizenship or place of capture. Judge Mukasey decided that the President is authorized by his powers as Commander in Chief<1> and by the Joint Resolution for the Authorization for Use of Military Force.<2> His powers cannot be questioned so long as U.S. troops are in Afghanistan and Pakistan seeking al Qaeda fighters: “At some point in the future, when operations against al Qaeda fighters end, or the operational capacity of al Qaeda is effectively destroyed, there may be occasion to debate the legality of continuing to hold prisoners based on their connection to al Qaeda…”<3>
But, Judge Mukasey also ruled that Padilla must be allowed access to counsel in order for the courts to fairly consider the government’s designation of Padilla as an enemy combatant. “…Padilla’s statutorily granted right to present facts to the court in connection with this petition will be destroyed utterly if he is not allowed to consult with counsel.”<4>
And Judge Mukasey stood up to pressure from the Bush Administration to change his ruling. “When a U.S. District Court ruled several months later that Padilla had a right to counsel, Cheney's office insisted on sending Olson's deputy, Paul Clement, on what Justice Department lawyers called ‘a suicide mission’: to tell Judge Michael B. Mukasey that he had erred so grossly that he should retract his decision. Judge Mukasey derided the government's ‘pinched legalism’ and added acidly that his order was ‘not a suggestion or request.’"<5>
<snip>
http://digbysblog.blogspot.com/2007/09/justice-stuff-by-digby-i-heard-senator.htmlAnd most damning? Mukasey's testimony over the past couple of days which make it clear that he is not fit to be AG.
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