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The Case Against Mukasey

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I lay it out in a new article at TAP.

This is a difficult question; I fully expected to support the nomination, and I certainly don’t think that there will be a better candidate. The bottom line for me is that nobody is going to act as a good AG for this administration, so it’s more important for the Senate to send a signal that opposition to arbitrary executive power and torture should be non-negotiable issues (and defining torture as not-torture and nominally opposing torture but removing any checks on executive power that could actually prevent it are not going to fool anybody.)

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