Can This Man be the Leading Candidate?

I’m still inclined to think that Bush wants a fight, but there seems to be some chance that he’ll go for the more confirmable Michael Mukasey. Jeralyn, persuasively, sees him as definitely conservative but better than, say, Ted Olson. For example, consider this radical idea:

Last month, Mr. Mukasey wrote an op-ed article in The Wall Street Journal in which he seemed to embrace a view shared by the administration suggesting “current institutions and statutes are not well suited” to the military effort against terrorism. He recommended that Congress intervene “to fix a strained and mismatched legal system.”

Whoa, whoa, whoa — he thinks Congress actually has the power to regulate Presidential war powers, and that the President doesn’t just have the power to ignore laws he doesn’t care for? Clearly, he must be some sort of free-thinking anarchist…