SMRs and AMRs

Sunday, February 03, 2008

Mukasey’s Radical Worldview Is Now the Norm

by Glenn Greenwald
from CommonDreams.org

Yesterday’s Senate Judiciary Committee hearing, featuring day-long testimony from Attorney General Michael Mukasey, was extraordinary for only one reason: for our country, what happened in the hearing is now completely ordinary. While Mukasey may be marginally more straightforward than Alberto Gonzales was — more willing to conform to the procedural formalities of independence — he is, ideologically, a clone of John Yoo and David Addington and is as much of a loyal adherent to the Bush/Cheney extremist worldview as Gonzales ever was.

Mukasey explicitly embraces the most extreme theories of presidential omnipotence and lawlessness and displays as much Cheney-ite contempt for the notion of Congressional oversight as the Vice President himself. He repeatedly endorsed patently illegal behavior — including torture — and refused even to pretend that he cared what the Senate thought about any of it. He even told Republican Senators that they have no right to pass a whistleblower law allowing federal employees who learn of lawbreaking to inform Congress about it, because such a law would infringe on the President’s constitutional powers. In Mukasey’s worldview, the President has unlimited power and Congress has none.

And none of this is particularly surprising, given that — as I emphasized after his nomination was announced — Mukasey is the federal judge who, when presiding over the Padilla case in 2002, endorsed the most tyrannical and un-American power there is, when he ruled that the President even has the power to imprison U.S. citizens indefinitely, even when detained on U.S. soil, with no process of any kind — a position he refused to repudiate during his confirmation hearing.

None of what he said yesterday is extraordinary, despite how radical and jarring it is. Mukasey repeatedly insisted that even his most lawlessness-endorsing views are within our political mainstream, and he’s right about that. It’s now been seven years that our country has functioned under the radical executive power theories of the Bush administration, which include the right of the President to break the law. Congress long ago decided it would do nothing about any of it, would acquiesce to it, and thus — as was predictable and predicted — it has all become normalized.

(Continued here.)

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