It looks like the traditional media have the wrong back story on the Mukasey nomination. For several days, we have heard about conservative opposition to the highly regarded retired judge. With Federalist Society types and the Christian right united in anticipation of Ted Olson, the Mukasay nomination is a slap in the face to the hard right.
On the surface, it was a concession by the White House in an attempt to avoid a fight. But make no mistake, there will be a fight. Maybe several.
Silencing "the base"
As the White House political team (sans Turd Blossom) worked overtime last weekend, they made sure we knew that "the base" was placated:
Some legal conservatives and Republican activists have expressed reservations about Mukasey's legal record. Even before he was nominated, Mukasey met on Sunday with six conservative leaders to answer their questions.
We may never know who those six conservative leaders are, but rest assured they were given strict instructions to keep their mouths shut and their true opinions to themselves.
Next, we got the predictable round of stories about how everyone is playing nice and what a lovely day Mr. Mukasey had on the Hill, schmoozing with Senators:
Michael B. Mukasey, President Bush’s choice for attorney general, received a warm reception on Tuesday on Capitol Hill. He was reported to have promised new rules at the Justice Department to block political interference in department work and in hiring prosecutors.
Barf! So the story we're told is that the president, not wanting a fight, snubbed Ted Olson and went with a sensible nominee who the Very Serious People in DC can feel good about. For someone too weak to fight, this story http://fe59.news.sp1.yahoo.com/... gives Bush an overly generous headline:
Bush Blunts Democrats' Attack With Mukasey Choice
James Rowley Tue Sep 18, 10:27 AM ET
Sept. 18 (Bloomberg) -- President George W. Bush's choice of former judge Michael Mukasey to be his new attorney general granted his Democratic opponents their wish -- and undercut their chances to wage a nomination fight.
FIGHT! FIGHT! FIGHT!
Some on the Christian right quickly followed the White House's command to shut up and get on board. Jay Sekulow of Pat Robertson's legal arm went on The 700 Club to tell the fundamentalists that Mukasey is a decent pick. Most Christian right leaders, however, were ambivalent at best. Tony Perkins of the Family Research Council (James Dobson's policy arm) reserves judgment:
Although much has been said of the Reagan appointee, few have so much as mentioned his stance on social issues. The press has, however, picked up on Mukasey support from some unlikely sources, including Sen. Chuck Schumer (D-N.Y.), who endorsed the judge when he was briefly considered as someone the President might nominate to the U.S. Supreme Court. As we await more on his commitment to life, marriage, and religious liberty, we hope that Mukasey's dedication to security issues extends to keeping families safe from obscenity and pornography--an area that Gonzales' D.O.J. had largely left uncovered.
(Side note: Did he just imply that obscenity and terrorism are comparable threats?)
The REAL Fight
So, as an added bonus, not only did we get to see Sen. Reid shut down a potential Olson nomination with one sweeping pronouncement (which the WaPo predictably whined about, we also get to watch the Christian right wait it out and see how much pressure they will try to apply at Mukasey's hearings. Sen. Cornyn is up for reelection and his constituency is particularly theocratic. Will he be pressured to lead a revolt from the right against Judge Mukasey?
But the real fight is the same one our leaders in Congress have been waging for months - the one Tony Snow Dana Perino is tired of talking about.
It's all about the documents. The US Attorney scandal is the one we think reaches into the West Wing. So, until we get the documents, we will not back down. Our side is up for the fight:
"I see Judge Mukasey’s nomination as another chance to clear the decks of some important unfinished business that goes to the heart of accountability in government," Mr. Leahy said.
(...)
The White House seeks early confirmation hearings, possibly this month. Mr. Leahy has insisted that the White House act first on his panel’s request for files on eavesdropping without warrants and interrogation policies for terror suspects. He said conversations with the White House "had been encouraging."
Ms. Perino would have us believe the Mukasey confirmation and Bush giving Leahy the finger are unrelated, but Leahy has pledged not to back down:
"All I want is the material we need to ask some questions about the former attorney general’s conduct, on torture and warrantless wiretapping, so we can legitimately ask, ‘Here’s what was done in the past, what will you do?’ " Mr. Leahy, the committee chairman, told reporters.
Well done, Mr. Bush. Now, it looks like you've alienated your base, created some infighting among them, and strengthened Democrats' resolve to fight against you. Not over Mr. Mukasey, of course. But it's a fight you will lose.