Third, he calls out the Democrats:
What is truly astonishing is that the Democrats on the committee are apparently willing to look beyond the nominee’s evasive, misleading testimony. Democratic leaders are still supporting the nominee as if torture is some marginal or ambiguous question. Even Democrats such as Chuck Schumer, who have been vocal in their criticism of the use of torture, have showered Mukasey with compliments for his “independence,” as if an independent mind means that one no longer needs a moral backbone. It seems that with polls running against the GOP, Democrats hope to win the World Series without ever leaving the dugout: They want to denounce torture but won’t expend the political capital it would take to fight a time-consuming and risky confirmation battle.
But they’re making a mistake. Whatever his qualifications (and Mukasey has many stellar qualifications), even a vague, ill-defined stance on torture should be a barrier to confirmation — particularly because it has been the defining issue of this administration. The fact is that, even though the White House has heralded Mukasey’s deep religious views as an Orthodox Jew, he has flunked the greatest and easiest moral question put to him.
He concludes:
But those issues are almost beside the point. This confirmation vote should be about torture. It is truly a defining issue, not just of the meaning of torture but of the very character of our country. It is the issue that distinguishes a nation fighting for the rule of law from a nation that is a threat to it. If members of the Senate consider torture to be immoral, they must vote against Mukasey.
If the administration is unable to find a nominee who will denounce torture, then it should be left with an acting attorney general who will lead the department without the consent of the Senate. After all, there are worse things than being denied confirmation. You could be water-boarded, for example.
