Confirm Mukasey?

Scott Horton makes the case, which I think is correct. There’s obviously no question that Mukasey isn’t someone I would prefer to see appointed as AG. But the relevant universe of options here is not “people qualified to be AG,” but “people George Bush would appoint as Attorney General.” Given that last time Bush managed to select someone far worse than John Ashcroft, I think it’s pretty clear that Mukasey as as good as we’re going to get. (The fact that many conservatives aren’t happy with a clearly qualified candidate tends to reinforce this.) I also agree with Horton that with respect to the cabinet — as opposed to lifetime appointments to an independent branch of government — the President is entitled to considerable ideological deference. This doesn’t mean that he shouldn’t be subject to tough questioning at his confirmation hearings, of course, but it seems clear that Mukasey is far better than anyone could reasonably expect of this administration.