Frank Rich writes yet another important column today:
To believe that this corruption will simply evaporate when the Bush presidency is done is to underestimate the permanent erosion inflicted over the past six years. What was once shocking and unacceptable in America has now been internalized as the new normal.
This is most apparent in the Republican presidential race, where most of the candidates seem to be running for dictator and make no apologies for it. They’re falling over each other to expand Gitmo, see who can promise the most torture and abridge the largest number of constitutional rights. The front-runner, Rudy Giuliani, boasts a proven record in extralegal executive power grabs, Musharraf-style: After 9/11 he tried to mount a coup, floating the idea that he stay on as mayor in defiance of New York’s term-limits law.
What makes the Democrats’ Mukasey cave-in so depressing is that it shows how far even exemplary sticklers for the law like Senators Feinstein and Schumer have lowered democracy’s bar. When they argued that Mr. Mukasey should be confirmed because he’s not as horrifying as Mr. Gonzales or as the acting attorney general who might get the job otherwise, they sounded whipped. After all these years of Bush-Cheney torture, they’ll say things they know are false just to move on.
In a Times OpEd article justifying his reluctant vote to confirm a man Dick Cheney promised would make “an outstanding attorney general,” Mr. Schumer observed that waterboarding is already “illegal under current laws and conventions.” But then he vowed to support a new bill “explicitly” making waterboarding illegal because Mr. Mukasey pledged to enforce it. Whatever. Even if Congress were to pass such legislation, Mr. Bush would veto it, and even if the veto were by some miracle overturned, Mr. Bush would void the law with a “signing statement.” That’s what he effectively did in 2005 when he signed a bill that its authors thought outlawed the torture of detainees.
That Mr. Schumer is willing to employ blatant Catch-22 illogic to pretend that Mr. Mukasey’s pledge on waterboarding has any force shows what pathetic crumbs the Democrats will settle for after all these years of being beaten down. The judges and lawyers challenging General Musharraf have more fight left in them than this.
The fact that this is true is simply pathetic.
Earlier in his article, Rich also points out that it took only 53 "aye" votes to confirm Mukasey. Yet, we are also told to give the Democrats a break because the Republicans are holding up our agenda with a series of filibusters -- requiring 60 votes to break. In fact, a favorite phrase right now is that it takes 60 votes to do any business in the Senate.
Except, apparently, when the radical right wants to make the nation's top law enforcer a man who is not sure waterboarding is torture. Then only 53 votes are apparently required.
This is yet another example of our Senate leadership failing all of us. Why do they fail to fight against the radical right's discredited and deeply unpopular agenda?
Update: I encourage you to read this Glenn Greenwald post that goes into even more detail about all of the policies that have been stopped by Republican filibuster threats while Democrats allow with a less-than-filibuster-proof vote the confirmation of an Attorney General who could not admit that obvious torture practices are illegal.