Mukasey Update: Leahy's Out

The Chairman will vote no, saying "I like Michael Mukasey. I wish that I could support his nomination. But I cannot." There are 5 undecided votes out there on the Judiciary Committee (which is really the only place to bottle up the confirmation): Herb Kohl, Chuck Schumer, Ben Cardin, Dianne Feinstein, and believe it or not, Russ Feingold.

He may be the best nominee we can get from this administration in this respect. But I am concerned about his views on executive power, and I am weighing whether his answers to questions in that area adequately demonstrate a commitment to the rule of law.

Feingold has a history of giving wide deference to Presidential nominees; they have to really cross the line for him to vote no. He voted to confirm John Ashcroft and John Roberts, but not Alberto Gonzales. Frankly I don't see that Mukasey really separated himself from Gonzales on the key issues of torture and executive power. We'll see what Feingold thinks. But he should understand that at this point, confirming Mukasey is tantamount to sanctioning his views on these issues. "Best we can get" or not (and according to the President, you won't be getting anyone after Mukasey), that will have far-reaching effects.