Today there was a House Judiciary subcommittee meeting which has been described by Keith Perine of CQ as "political theater." Douglas J. Feith, former Undersecretary of Defense for Policy, was defending his role in developing the interrogation policies used on detainees by the current administration.

Many critics of the current administration have asserted that the "harsh" interrogation practices are equivalent to torture. This Thursday, there is to be a hearing held by the House Judiciary Constitution, Civil Rights, and Civil Liberties subcommittee to further investigate the legality of the current (and former) techniques.

There has been effort to disrupt the hearing and prevent new information from coming to light, and it has been said that Attorney General Michael B. Mukasey refused a request to appoint a special counsel to investigate the roles of administration lawyers and policy makers.

Last week, Common Cause launched its Recapture the Flag campaign urging congressional and presidential candidates to sign a pledge to:

*End torture, respect human rights and restore America's reputation in the world.
*Respect the rule of law and fiercely challenge anyone who seeks to undermine the Constitution and the Bill of Rights.
*Root out corruption, special interest abuses and partisan prejudice in the administration of justice.
*Hold to account - without exception - anyone who breaks the law or violates the public trust

Failing to investigate the legality of interrogation techniques is an abuse of power. Our system of democracy is based upon the ability to question in order to maintain a healthy balance of power.

Cross-posted on The Hill Blog.

Sen. Ted Kennedy (D-Mass.) said it best today as the Senate Judiciary Committee voted to approve the nomination of Judge Michael Mukasey as attorney general

"He will, in fact, enforce the laws that we pass in the future?" Kennedy said, mocking the assurances Mukasey gave to Sen. Charles Schumer (D-N.Y.) that he would enforce an anti-torture law if Congress were to pass one. "Can our standards have really sunk so low? Enforcing the law is the job of the attorney general. It's a prerequisite, not a virtue."

Enforcing the law is even more important in a Justice Department that has been badly damaged by an attorney general who put partisan loyalty above the rule of law. The nation cannot afford to have that happen again. Yet by refusing to be clear in his answers on whether he considers waterboarding illegal, Mukasey gives no assurance that he would do anything differently than his predecessor, Alberto Gonzales.

Common Cause is urging the full Senate to vote AGAINST Murkasey's confirmation, and the organization is far from alone.

Four retired Judge Advocates General (JAGs), the legal arm of the U.S. military, declared unequivocally in a letter to Sen Patrick Leahy (D-Vt.) that "waterboarding is inhumane, it is torture, and it is illegal." Twenty-four retired US intelligence officers have also weighed in, asking that the Senate Judiciary Committee hold the nomination until Mukasey clarifies his remarks. Four retired generals have also written to Leahy, agreeing that water boarding is illegal torture in all circumstances.

Judge Mukasey's disingenuous responses about torture show a contempt for Congress and a disturbing willingness to turn his back on the law when the alternative - acknowledging illegal torture - could have troubling implications for the President who nominated him.

The Senate should do the right thing for the country and for the beleaguered Justice Department and reject Mukasey and continue searching for a suitable nominee.

Bush announced his new Attorney General nominee on Monday: Michael Mukasey. The nominee, who might actually be acceptable for both Democrats and Republicans, met with Sen. Patrick Leahy (D-VT) yesterday. Leahy, who will preside over Mukasey's confirmation hearing as chair of the Senate Judiciary Committee, made positive comments about the meeting.

But Leahy is not forgetting the Gonzales scandal, or, as he calls it, "the dark period". He signaled that before the nominee can be considered, Gonzales' involvement in the U.S. attorney firings and the administration's warrantless wiretapping program needs to be resolved.

In other words: it might take a while until we see a new Attorney General.