The Senate has abandoned its Constitutional Duty of Advice and Consent, and replaced it with Abdicate and Capitulate. To quote the New York Times editorial:
[Mukasey] was simply asked if, as a general matter, waterboarding is illegal.
It was not a difficult question. Waterboarding is specifically banned by the Army Field Manual, and it is plainly illegal under the federal Anti-Torture Act, federal assault statutes, the Detainee Treatment Act, the Convention Against Torture and the Geneva Conventions. It is hard to see how any nominee worthy of the position of attorney general could fail to answer “yes.”.......
....Democrats have done precious little to avoid the kind of spectacle the world saw last week: the Senate giving the job of attorney general, chief law enforcement officer in the world’s oldest democracy, to a man who does not even have the integrity to take a stand against torture.
What is needed to stem the rot?
The Republicans in the Senate all have to be voted out. I include Lieberman in their number. Replaced by whom, though? One of the two key enablers of the Mukasey confirmation is Senator Chuck Schumer (NY) who is the chair of the Democratic Senate Campaign Committee! He has to go. Diane Feinstein (CA) has to go. The Democratic Senate Majority Leader Harry Reid has to go. What about the Democratic Presidential hopefuls in the Senate? None of them showed any leadership in trying to block this nomination, or even to force a clarification of Mukasey's stand on torture (a group of distinguished career intelligence officers who are appalled by waterboarding even as they are keenly aware of the practical necessities of their job suggested to the Senate leaders that Mukasey be given a full briefing in private before continuing with the nomination). As it turned out, they didn't even vote. That means Clinton, Biden, Obama, Dodd should be shown the door.
This is just one issue, isn't it?, etc.
This is just one easy to understand issue. But it is symptomatic of a pattern of behavior of this Senate. The Democratic Senators have perfected the "oppose but are powerless to stop Bush" charade. They artfully register their opposition only when that opposition is bound to fail. E.g., they will not even attempt to block a bad bill or nomination in committee or filibuster it on the floor; they just want their pious vote "against" recorded. Glenn Greenwald describes the game quite well.
The size of the revolution
Virtually all of the current Senate has to face their accountability moment. Will it, can it happen? Not immediately of course, but over the next three election cycles. Since the answer from any sane observer is no, most will likely not even face serious challengers, then expect that the rot will simply continue to grow.
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PS: Desi links to a great cartoon