The press has focused on Mukasey's weaseling over torture to the exclusion of more important issues involving confirmation:

1) It was Mukasey to whom the White House first turned in their project to nullify the principle of Habeas Corpus, and he dutifully obliged. Remember the nutball named Jose Padilla -- who was later convicted of crimes, so there was no real need to hold him without charge. The Cheney Administration chose to hold him without charge, and challenge the principle of habeas corpus, because they wanted it nullified. Mukasey did so, with some later backing from a higher court. Habeas corpus was our bedrock protection against tyranny, dating back centuries in English law, and now it's gone. If someone in the Federal Government brands you a traitor, you can be imprisoned indefinitely, incommunicado, without charge. This was all well-known history at the time Sen. Shumer recommended Mukasey for the job.

2) In defending the Cheney Admin's illegal wiretapping program at his confirmation hearing, Mukasey stated clearly that he believes the president is above the law -- both federal laws passed by Congress such as the FISA law, and the constitution itself as in 4th amendment -- when exercising his war powers. (Of course, this public statement contradicts Mukasey's private assurance to Sen. Shumer that the president would be bound by a congressional ban on a specific form of torture. What's a little lie among friends?)

Congess is about to ratify both points of view by confirming Mukasey as the nation's top law enforcer / nullifier. It's astonishing in a way, but we have reached the time to stop being astonished and comprehend what is happening. Nothing is forever, including the US constitution and legal traditions. We are witnessing history being made. Mukasey is perfectly in tune with the growing Beltway / corporate media consensus that our constitution, legal traditions, the rule of law, etc. are inconvenient, outmoded, inefficient, unnecessary, on the way out.

It will not be elsewhere said, but will certainly be noticed, who were the two Democrat senators who sided with Mukasey and Cheney and the Beltway establishment. Two prominent supporters of Israel. Yet another reminder of the centrality of Israeli proxy wars and the AIPAC-Christian-right war of civilizations in the transition of the USA from beacon for human rights and rule of law to well-armed banana republic.

Never think what can't be said can't be seen.