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.

Mukasey was picked as a replacement AG precisely because he agrees with the administration that the current law is not suitable for prosecuting terrorist or securing the country against terrorist attacks. At least he is not a 'party hack', and value competence over whether you're a card-carrying Republican.

The alternative to not confirming Mukasey is to have an 'acting AG' for the rest of Bush's term, whom can be appointed without confirmation. That's a guarantee of another 'party hack'.

Proxywar, you had me until you lerched bizzarly there at the end. This has nothing to do with Israel, and everything to do with the Bush/Cheney power grab.

Remember the nutball named Jose Padilla -- who was later convicted of crimes, so there was no real need to hold him without charge.

As I recall, the crimes he was eventually convicted of were very weak compared to what he was picked up for. This does not imply a great deal of "courtroom" proof and certainty.

I don't know what the problem was, perhaps the evidence wasn't obtained legally or wasn't admissiable?

Which brings us to the issue of treating potential terrorists (and in his case a want-na-be nuclear terrorist) more like illegal soliders than criminals.

This same post could of been posted every 25 years the last 200 years or so (the last time being Nixon after Watergate).

Lighten up, there is HOPE! Yes, GWB is a complete moron and 8 years of total GOP failure have made me feel down and angry (really), but I still have faith that we can turn it around.

This is very much on the mark, right down to the end.

Lithwick wrote a good piece taking Schumer and Feinstein to task, but her concluding observation is a bit on the naive side:

"Schumer and Feinstein vote for Mukasey because they somehow believe he can fix the Justice Department without telling the president 'no.'"

Schumer and Feinstein's votes have nothing to do with any beliefs. Does Schumer believe in anything? The rationales are just for the boobs. It is all about the deals they have made with their supporters and money people.