It seems to me that the deepest meaning of the Mukasey imbroglio has been missed in the analysis that I have seen on kos and elsewhere. But it is now showing up on Andrew Sullivan so I thought I would discuss it on kos also. If this point has already been made elsewhere, please let me know and I will take this diary down.
Sen. Whitehouse put the question on the table for Mukasey: Is waterboarding illegal?
What are Mukasey/White House options?
Mukasey can say "no." That leaves the Democrats with no choice but to turn him down. Water-boarding has been a crime in the United States for decades.
Mukasey can say "yes." But that means that Addington, Cheney, Rumsfeld, etc. have to be prosecuted for war crimes.
So Bush, Mukasey and the White House are trapped. They have no moves left. George Bush said as much yesterday.
Well, they have two moves left. Throw themselves on the mercy of the court or blackmail some Democrat on whom they have some dirt. (My money's on the latter.)
So when Sen. Feinstein says that Mukasey is the best Att. Gen. we are going to get out of this White House, she does not really have it quite right. As long as Sen. Whitehouse's question is on the table in confirmation hearings we will have no Att. Gen.