A Recess Appointment for Mukasey?

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


mukasey.gifAs David noted yesterday, Senate Dems will have a chance to block Michael Mukasey’s nomination on Tuesday when the Judiciary Committee puts him to a vote. Whether or not they will do so remains a big if, given that it will require a no vote from each of the 10 Democrats on the committee and, as yet, only four have signaled that they will oppose his nomination. As it stands, New York Senator Chuck Schumer appears to be waffling. An early advocate of Mukasey, he said yesterday that “no nominee from this administration will agree with us on things like torture and wiretapping. The best we can expect is somebody who will depoliticize the Justice Department and put rule of law first.” Later today, Judiciary Committee chairman Patrick Leahy is expected to announce whether he will support Mukasey’s nomination.

As the Los Angeles Times points out today, even if the Dems on judiciary stand firm on Mukasey, the president could attempt to install his AG pick in a recess appointment—one that will remain in effect until the close of his presidency—over Congress’ upcoming holiday break. In that case, the Times notes, Senate Majority Leader Harry Reid could try to out maneuver the president, “by keeping some lawmakers in Washington over the break to ensure that the chamber was always in session.”

Depending on the outcome of Tuesday’s vote, the Dems could find themselves (again) in a showdown with the president, who came out swinging yesterday in defense of his nominee. Playing the Dems-won’t keep-you-safe card, the president said that “on too many issues, Congress is behaving as if America is not at war” and that blocking Mukasey “would guarantee that America would have no attorney general during this time of war.” The latter is a bit of a strange comment, one that doesn’t display terribly much confidence in Peter D. Keisler, the acting attorney general, a founding member of the Federalist Society (the conservative lawyers group), and an ideological soulmate of the administration.

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate