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Senate Panel Vote Key to Mukasey Nomination
So the committed "no" votes on Michael Mukasey are up to a whopping nine. The total is likely to climb still higher, but as David pointed out yesterday, the real battle will take place in the Senate Judiciary Committee.
There, the Democrats outnumber the Republicans 10-9. And four Dems have already said they'll vote no. Chairman Patrick Leahy (D-VT) has yet to say whether he's made the full journey from "I like him" to "concerned" to "no." Sen. Chuck Schumer (D-NY), who championed Mukasey, is dodging the cameras. The rest haven't said. And though ranking member Sen. Arlen Specter (R-PA) has expressed doubts about Mukasey, it's hard to imagine him actually voting no.
So what would happen if the no votes won? Well, nothing is simple in the Senate. But by far the most likely scenario is that Mukasey's nomination would in fact die there. However, there are some maneuvers whereby Mukasey could still make it on to the Senate floor with the majority of senators on the panel opposing him.
A spokeswoman for Sen. Leahy, however, said that he expects a straightforward vote: “While there are other vote options which other senators can motion for in the committee, Sen. Leahy expects a yes-no vote in the committee on Tuesday.”
The other vote options include a vote of "no recommendation" or "negative recommendation." If such votes passed, Mukasey could still go through to the full Senate without the panel's recommendation or with a negative one.
And Senate Majority Leader Harry Reid (D-NV) has the power to make a motion to discharge the committee of further responsibility for the nomination. If that motion passed in the full Senate, then Mukasey's vote would move out of the committee for a vote on the floor. But the Politico reports that Reid has ruled that option out.
So again, Mukasey's fate will most likely be determined by a straightforward vote in the judiciary Committee.













Here's the preemptive email I sent to Michigan's two undecideds, Sens. Levin and Stabenow:
Dear Senator:
I am deeply troubled to learn that you have still not indicated whether you will vote against confirming Mr. Bush's nominee for Attorney General. At a time when the DoJ and all that it stands for have been dragged through the gutter by the former AG, the thought of having an individual in this position who's not SURE if water boarding constitutes torture or not is frankly unacceptable to me. I urge you, in the strongest terms possible, to take an unequivocal, principled, and public position opposing this nominee as soon as possible: your own stature as a person of conscience will help others find the courage to imitate your example.
Respectfully,
November 1, 2007 5:16 PM | Reply | Permalink
With a tip of the hat to Firedoglake for the link, and a warning that the following material is NOT suitable for children and is barely readable for adults, please consider the analysis and conclusions posted yesterday by a former military interrogation expert and prisoner-of-war survival trainer that "waterboarding is torture. Period."
http://smallwarsjournal.com/blog/2007/10/waterboarding-is-torture-perio/
Reading what actually happens during waterboarding will turn your stomach, literally. We as a nation must seize this moment to demand that our Senate protect our national honor by denouncing any nominee who would not call waterboarding illegal and who would not ensure criminal prosecutions of any person who committed waterboarding of anyone.
(Apologies for cross-posting from the 9:50 AM posting by Paul Kiel.)
November 1, 2007 5:25 PM | Reply | Permalink
Dear America
This is what we have come to.
We are forced to choose between condoning torture vs. putting the president of the united states in legal jeopardy if we want to declare torture illegal.
God help us.
November 1, 2007 5:27 PM | Reply | Permalink
If it comes down to Feinstein, isn't it probably reasonable to guess that the nomination will go forward?
November 1, 2007 5:32 PM | Reply | Permalink
Michael Fiske wrote on November 1, 2007 5:27 PM:
Dear America
This is what we have come to.
We are forced to choose between condoning torture vs. putting the president of the united states in legal jeopardy if we want to declare torture illegal.
God help us.
Michael:
It's truly pityful. I agree with you.
But this vote should be a no-brainer so it shouldn't require God's help to do the right thing.
Torture is unacceptable. End of story.
If calling it what it is puts the president in legal jeopardy, he should do what big boys do: take responsibility for his actions. [Clinton did it!]
WHO the hell is George W. Bush to be above the law????
November 1, 2007 5:40 PM | Reply | Permalink
Sen. Brownback is on Senate floor right now denouncing the opposition to Mukasey's nomination and quoting fulsome praise of Mukasey's service as U.S. District Court Judge.
"An issue came up about torture, and about waterboarding . . . ." Brownback then proceeded to quote from Mukasey's letter of last week.
November 1, 2007 5:44 PM | Reply | Permalink
“While there are other vote options which other senators can motion for in the committee, Sen. Leahy expects a yes-no vote in the committee on Tuesday.”
Which suggests to me that the Republican members don't expect to lose the vote.
November 1, 2007 6:00 PM | Reply | Permalink
This picture of Leahy does not do him justice. The video includes the sound, which is loud sucking noises eminating from him as our constitution continues to be sucked down the throats of him and those other folks in Washington who are destroying our nation... while telling us they are on our side and it's not their fault...
Well... one thing is certain.
They were all adamant that they could turn things around if we just trusted them enough to elect and/or reelect them to office.
Liars... all of them!
November 1, 2007 6:26 PM | Reply | Permalink
When will the folks in California wake up and recall-fire-eliminate in some way shape or form that useless Diane Feinstien?
November 1, 2007 6:38 PM | Reply | Permalink
Michael Fiske wrote on November 1, 2007 5:27 PM:
You had me, right up to this point:
God help us.
Clarify? Which God? Apollo, Zeus? The God of Wine?
Which one will "materialize" and help us, Mike?
Jumpin Jesus? Nope-
You Mike-
The spirit lives in you; obvious from all you wrote and condensed so beautifully:
We are forced to choose between condoning torture vs. putting the president of the united states in legal jeopardy if we want to declare torture illegal.
Mike and other likeminded Mikes can help us...
Praying to a Sky Fairy is more Dogma that got us here-
November 1, 2007 6:41 PM | Reply | Permalink
To Bill
God is the people in my book,
your assuming to put your definition of the gods you've imagined on me.
Don't let the letters G-O-D throw you.
Seriously
November 1, 2007 6:52 PM | Reply | Permalink
I`ll go out on a limb after seeing the highlights Bush`s lame,pack-of-lies speech.I have many wonderful things for sale here in Middle America for anyone who believes that Mukasey will not be confirmed.One of them is my great grand father`s picture taken after the battle of Gettysburg.I`m willing to let it go for $800 million,and let me assure you it is worth twice that priceI also have a medal of honor that he won in that battle.Yours for a trill.
November 1, 2007 7:19 PM | Reply | Permalink
smart money's on feinstein pussing out, and the nomination moves forward. second likeliest scenario: the committee makes no recommendation and the nomination goes to the floor.
why the dipshit dems aren't yelling "torture" incessantly is one for the ages.
that there's even a debate over whether to confirm an AG who tacitly supports torturing other human beings turns my stomach.
November 1, 2007 7:26 PM | Reply | Permalink
The likelihood that Feinstein will stand against this nomination is small, but Russ Feingold will not vote against Mukasey.
http://findarticles.com/p/articles/mi_m1295/is_3_65/ai_71704779/pg_1
Mukasey's getting out of the Judiciary. Leahy doesn't have the right committee to make this stand.
November 1, 2007 7:39 PM | Reply | Permalink
The only thing that'll remove Dianne from her seat is a rainy night out on the town, a slippery crosswalk and a big rig with a befuddled meth freak peaking behind the wheel.
Other than that, the seat is hers.
November 1, 2007 7:46 PM | Reply | Permalink
Isn't Feinstein Jewish? Lieberman and Schuman are. After the holocaust and the Spanish Inquisition, how can any Jew vote to condone torture?
And what about Sam Brownback? He speaks out against abortion, but torture is o.k. in his Christian book? And McCain is willing to go along with torture?
Do these people have any morals at all?
November 1, 2007 7:49 PM | Reply | Permalink
Mukasey has already made his position known. It really doesn't matter if he's covering for an illegal Bush policy. This whole business of the president in legal jeopardy is just an excuse. If Bush is in legal jeopardy then IMPEACH him. That's the remedy. But Mukasey's nomination should be voted down.
November 1, 2007 8:23 PM | Reply | Permalink
"If it comes down to Feinstein, isn't it probably reasonable to guess that the nomination will go forward?"
She'll meet with him and then declare that he's not a waterboarder, so the nomination should go to the floor.
November 1, 2007 8:47 PM | Reply | Permalink
Mukasey will withdraw this weekend.
He is thinking about historical legacy and his personal reputation-- it is not the opposition in the Senate. He and his family are realizing that to become associated with this administration is akin to jumping into a vile, corrupt cesspool.
From a historical perspective, this administration will be the dark point of the American democracy experiment… the ugly Fascist Mussolini and Franco-like regime in the US.
November 1, 2007 9:15 PM | Reply | Permalink
All they gotta do is send Feinstein to me. I'll have her on her back in no time t'all. She just cain't resist my Southern Charms and my one-eyed whitesnake. No, sir! She is under my spell. We'll put on the white hoods afterwards an' light some crosses on th' hills of our love.
November 1, 2007 9:44 PM | Reply | Permalink
It's unconstitutional to recall a Senator. Sad but true that Feinstein is with us for the duration. She has become the west coast version of Leiberman.
http://query.nytimes.com/gst/fullpage.html?res=9C07E6DE143BF930A25754C0A9679C8B63
November 1, 2007 9:49 PM | Reply | Permalink
Of course the judiciary committee will recommend consent to his nomination to the Senate; Feinstein is on the committee and will be the deciding vote in favor of confirmation. I don't think people understand yet that Feinstein is the left coast equivalent to Lieberman.
November 1, 2007 10:33 PM | Reply | Permalink
Umm, did anyone else notice Bush adding "radicals" to his fear and hate hit list in his speech today? (as in terrorist and radicals)
Now, I hope someone can define radical a lot more precisely than torture, because the "r" word is thrown around about a lot of political opponents on Fox noise... look out Moveon and Dailykos...
November 1, 2007 10:40 PM | Reply | Permalink
The yes or no type question went under the 10 judiciary committee democrat names. If the 10 can ask the question, the 10 should be able to come to the same conclusion that it was not answered, therefore no passing grade. It's bad enough that the executive has interpreted torture as legal, when the legislature succumb as well, that just leaves the courts, who with their current wisdom will probably end up forcing a codification of interrogation techniques.
Every confrontation with the administration is becoming a test of ignoring a potential count of impeachment. This is slow motion impeachment with the objective to get them off the hook.
November 2, 2007 12:15 AM | Reply | Permalink
Arlen Spector expressed reservations about Mukasey?
Ha!
Normally, one might think that such reservations would indicate a certain reluctance to approve the nomination of yet another right wing apologist, but I have developed a rigorous test of Arlen Spector's trustworthiness: drop kicking a dead cat.
Even better, I have discovered what I will call Jimbo's Rule of Drop Kicking Dead Cats: The more you drop kick the same dead cat, the shorter distance it travels. In much the same way, the more you trust Arlen Specter, the closer to zero his credibility creeps.
Arlen's cat now flies a very short distance. I have yet to locate dead cats for Democratic senators Leahy and Schumer. Time shall reveal if it becomes necessary.
November 2, 2007 5:21 AM | Reply | Permalink
Judge Mukasey is saying that torture could hypothetically be legal. That is exactly his position.
I don't recognize my own country. We have to be better than this.
I have written my two Senators. I told them that if they vote to confirm Mukasey given his position on torture I will ask them to defend their decision and their public office. If they cannot do so satisfactorily I am going to ask them both to resign for failing to uphold their oath to protect the Constitution.
Controlled drowning is unconstitutional. Period.
November 2, 2007 9:55 AM | Reply | Permalink
As human beings, how can anyone consider nominating someone that agrees with torture?
as citizens, how can we sit by and watch a congress that is so corrupt that they too would even consider a nomination of a criminal, by a criminal?
our world is gone if you continue to simply talk about it. Punditry is fine, but it is much like masturbation, it is an individual thing. It does not involve those around us (usually)
to only be able to talk about this is the reason why it is happening.
As a human that has not lost my character, I must ask anyone in congress: How could you consider working with someone you know to be a war criminal? It makes you one by association, aiding, abetting, conspiracy, etc...
if there is no one in congress willing to stand up and say no, to filibuster, to put holds on those criminals that are totally unacceptable to the rule of law, then there is no one that I can vote for.
none of the above may be the choice for millions of us. where is the outrage?
November 2, 2007 11:18 AM | Reply | Permalink
The Republican talking point on this is of course going to be that the Democrats are disrupting the efficient functioning of the Justice Department. BUT LET US ALL REMEMBER, Mukasey can be confirmed if he simply says, "Waterboarding is illegal."
Three little words, and problem solved.
Bush is the one putting the execution of justice at risk but preventing the AG nominee from saying this. Bush is the one putting us at terror risk with his stonewalling, not the Democrats in the committee upholding their oath of office. Never forget this when reading Republican talking points.
P.S. Cordier, it is not however unconstitutional to ask a Senator to resign for failing to uphold their oath of office.
November 2, 2007 2:56 PM | Reply | Permalink