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The New York Times
Opinion
A Disappointing Debut
EDITORIAL,
nytimes.com on the Web, January 31, 2008
About the best we can say about
Attorney General Michael Mukasey’s testimony Wednesday in the Senate is that he
was no Alberto Gonzales, with the frequent memory lapses and possibly
intentional misstatements. But that is a very low bar. On torture,
domestic spying and other important matters, Mr. Mukasey parroted the Bush
administration’s deplorable line. He was particularly disappointing in his
see-no-evil approach to the misconduct at the Justice Department before he
arrived.
The American people deserve better from their highest law-enforcement official,
who was making his first appearance before the Senate Judiciary Committee since
taking office in November. To a disturbing degree, he has adopted his
predecessor’s habit of saying precisely what the White House wanted to hear.
It should not have been hard for Mr. Mukasey to admit that waterboarding — the
odious practice of making prisoners believe they are about to be drowned — is
torture. He frankly conceded that if it were done to him it “would feel
that way.” But he weaved and dodged questions from senators about whether
it is torture when it is done to other people, and whether it is illegal.
Mr. Mukasey also pushed Congress to give immunity to telecommunications
companies for any illegal acts they committed while helping the administration
carry out its outlaw domestic spying program. Mr. Mukasey is responsible
for enforcing the law. Pushing Congress to immunize lawbreakers,
especially before it learns what laws were broken, is inconsistent with this
duty.
Mr. Mukasey took office in the wake of a scandal — accusations that federal
prosecutions were politicized, that nonpolitical positions were filled with
partisans and that Mr. Gonzales lied about it to Congress. These serious
charges did not go away simply because Mr. Gonzales did. Mr. Mukasey needs
to ensure that they are investigated, and to assure the public that any
misconduct in his department has been cleaned up.
He has yet to do so. In his written testimony, Mr. Mukasey ignored the
scandal that roiled his department last year. His answers to questions
from senators on the subject were lackadaisical. He seemed to know and
care little about well-publicized charges by Scott Bloch, the chief of the
Office of Special Counsel, that the Justice Department is impeding his
investigation.
Mr. Mukasey was equally disappointing about the refusal of certain
administration witnesses to answer Congressional subpoenas to testify about the
United States attorneys scandal. He suggested that if the administration
believes that executive privilege shields them, that ends the matter. He
could not be more mistaken.
Mr. Mukasey has taken some important steps to depoliticize the Justice
Department, notably establishing a better wall between the White House and the
department. His testimony was an unfortunate reminder, however, that he
has yet to show the independence and respect for the rule of law that the job
requires.
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