Quick Note on Mukasey

He was confirmed by 53-40. Most are noting the Democratic crossovers (especially Senators Feinstein and Schumer).

The fractured tally signals that Mukasey will face a deeply skeptical Democratic Congress as he takes over at Justice, which has been demoralized and emptied of senior leadership in the wake of scandals.

I was more interested to see which Senators were too busy to bother to vote (or were too afraid to stake out a position). That would be Alexander (R-TN), Biden (D-DE), Clinton (D-NY), Cornyn (R-TX), Dodd (D-CT), McCain (R-AZ), Obama (D-IL).

Biden, Clinton, Dodd, McCain, and Obama should be ashamed of missing this vote. As of October 31, Clinton and Obama opposed Mukasey.

Clinton said, "We cannot send a signal that the next attorney general in any way condones torture or believes that the president is unconstrained by law."

Well done, Senator. You sent a signal all right. You were either too busy or too afraid to stand up for your principles.

Update: Glenn Greenwald is lamenting the fact that congressional Democrats didn't have the stones to "filibuster" the confirmation (and thereby require a vote of 60).

Over and over again this year, Republican filibusters were depicted (both by Senate Democrats and the media) as nothing more the routine need to obtain the "60 votes required" for passage of any measure in the Senate. That "requirement" was said to apply to everything, including immigration ("The Senate voted 52-44 for the DREAM Act, but 60 votes were required to end debate"); Iraq withdrawal timetables ("Support is expected to top 50 votes but fall short of the 60 required"); troop leave requirements ("Webb's Iraq bill inches closer to 60 . . . . Winning at least three of those Republicans over could give the Democrats the 60 votes they need"); and warrantless surveillance ("Democratic-sponsored bill failed to reach the 60-vote majority").

In his warped world, the consequences of obstructionism are irrelevant. He wants to have a tantrum every day until President Bush is out of office.

posted by Gabriel Malor at 12:04 PM

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