Today, Senator Leahy released a letterto AG nominee Mukasey in which he outlines ways that everybody can get along. While the tone of the letter is of cooperation, the guts of the letter indicates capitulation. Let's look at the 3rd to last paragraph before closing:
In connection with these matters the Judiciary Committee has been seeking the historical legal analysis of the Department of Justice and this Administration. We have made numerous requests and have even had to subpoena the FISA documents. I want to know whether you will work with us and provide those materials so that we can examine the legal justifications that have been utilized by this Administration to excuse its conduct
(emphasis mine).
This represents a tremendous switch in his approach and massive surrendering of Constitutionally mandated oversight. Previously, Senator Leahy had demanded that these materials be provided prior to consideration of the Mukasey nomination. Now he's asking Mukasey to provide them after he's been approved. Unbelievable.
The Bush Administration has no history of responding to subpoenas. The Bush Administration's approach to Congressional oversight has been one giant F.U. Senator Leahy needs to reply: "F.U., no consideration of nomination until subpoenas have been appropriately responded to." If Senator Leahy does not stick to his guns, Mukasey will say that he will work to respond to the subpoenas, but once confirmed, 4th Branch will get a hold of him and all those efforts will disappear. The stonewall and the monarchical reign of King George will continue, Constitution be damned.
Call Senator Leahy's office to let the good Senator know that it's time to play hardball with the Bush Administration, that it's time to conduct true oversight to provide checks and balances on the executive branch, that it's time to stick to his guns. He needs to know that the American people demand oversight and demand the return of our Constitution.
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