by Kagro XOne by one, Senators are coming out to express their reservations about the nomination of Michael Mukasey for Attorney General. From John McCain and Lindsey Graham (both of whom, to be frank, everyone should expect to roll over in the end), to John Kerry, to Bernie Sanders, Senators have expressed puzzlement and astonishment at Mukasey's inability to take a clear position on whether or not waterboarding is torture.
Still worse, if that's possible, is the fact that Mukasey remains unwilling to say definitively whether or not the President of the United States is bound by statutory law of any kind.
In a NYT op-ed published last week, Prof. Jeb Rubenfeld of Yale Law School identified an answer given by Mukasey that should prove far more troubling than the horrifying but considerably narrower answer he gave to the torture question:
AT his confirmation hearings last week, Michael B. Mukasey, President Bush’s nominee for attorney general, was asked whether the president is required to obey federal statutes. Judge Mukasey replied, “That would have to depend on whether what goes outside the statute nonetheless lies within the authority of the president to defend the country.”