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First Read is an analysis of the day's political news, from the NBC News political unit. First Read is updated throughout the day, so check back often.

Chuck Todd, NBC Political Director

Mark Murray, NBC Deputy Political Director

Domenico Montanaro, NBC Political Researcher



Obama opposes AG nominee

Posted: Tuesday, October 30, 2007 10:58 AM by Domenico Montanaro
Filed Under: ,

*** UPDATE *** Edwards and Clinton also release statements opposing Mukasey. Read more to read their statements as well.

From NBC's Domenico Montanaro
Yesterday, Dodd held a conference call with reporters to declare his opposition to Attorney General nominee Michael Mukasey. He said he was opposed to Mukasaey, not because of his stance on torture, but above all because of his stance on the power of the executive branch.

Today, Obama's Senate office released a statement with Obama's opposition to Mukasey. Obama's opposition, he writes is rooted in both Mukasey's ambiguous stance on torture and the issue of presidential power.

Here's Obama's statement:

"After the dismal performance of the last attorney general, I had hoped that Judge Michael Mukasey would represent a badly-needed change in direction for the Justice Department and the nation. But his testimony before the Senate was stunning. While his legal credentials are strong, his views on two critical and related matters are, in my view, disqualifying.

"We don't need another attorney general who believes that the President enjoys an unwritten right to secretly ignore any law or abridge our constitutional freedoms simply by invoking national security. And we don't need another attorney general who looks the other way on issues as profound as torture. Judge Mukasey's professed ignorance of the debate over the propriety of practices like "waterboarding," or simulated drowning, as a means of interrogation, was appalling.

"We are a nation of laws, and those laws apply equally to the President of the United States and common citizens. We need an attorney general who understands and appreciates that inviolable principle."

*** UPDATE 1 *** Edwards also is opposed to Mukasey. He highlights Mukasey’s stance on torture as well as Congress’ role in checking executive power.

Here’s his statement:
"George Bush's political appointees at the Justice Department have twisted the law to justify waterboarding and other interrogation techniques that have long been considered torture. Now the man who is supposed to clean up the Justice Department -- Judge Michael Mukasey -- says he does not know whether waterboarding is torture or not. What more information does he need? Waterboarding was used in the Spanish inquisition and considered a war crime in World War II.

"Mukasey has also said that the president doesn't necessarily have to abide by acts of Congress. We need an Attorney General who will put the rule of law above the administration's short-term political interests, and Mukasey has already shown that he's unwilling to do that.

"The credibility of Justice Department has been badly tarnished, and it is now clear that Mukasey is not the man to restore it. The Senate should reject his nomination."
-30-

*** UPDATE 2 *** Clinton’s Senate office released that Clinton also opposes Mukasey. In the release, she too cites his views on executive power and torture.

Here’s the release:

STATEMENT OF SENATOR HILLARY RODHAM CLINTON ON HER OPPOSITION TO THE NOMINATION OF JUDGE MICHAEL MUKASEY TO BE ATTORNEY GENERAL OF THE UNITED STATES

October 30, 2007 

We need an Attorney General who has the strength to challenge this Administration when it is wrong, who is committed to reestablishing the independence of the Department of Justice and to restoring respect for the Constitution and the rule of law. I am deeply troubled by Judge Mukasey’s continued unwillingness to clearly state his views on torture and unchecked Executive power.

The Attorney General is the chief defender of the rule of law in our country. After Alberto Gonzales's troubled tenure, we cannot send a signal that the next Attorney General in any way condones torture or believes that the President is unconstrained by law. When we leave any doubt about our nation’s policy on torture, we send a terrible message to the rest of the world. Judge Mukasey has been given ample opportunity – both at his confirmation hearings and in his subsequent submission to the Judiciary Committee – to clarify his answers and categorically oppose the unacceptable interrogation techniques employed by this Administration. His failure to do so leaves me no choice but to oppose his nomination.

We need to restore the nation’s confidence in the Department of Justice. The Department must once again defend our Constitution and the rule of law without regard to ideology and partisanship. And we need to protect the country from terrorism while also respecting Americans’ civil liberties.

###

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Comments

But will Obama show up to vote against him?

it's doubt full


more likely he'll be "tricked" into missing the vote.

Bravo!!! No more Charles Schummer-Clinton shananigan.
He'll oppose toilet paper if it was suggested by Bush.
It is time to restore LAW AND ORDER in this country.
IntheMiddle-

Good! Bush's toilet paper starts "WE THE PEOPLE"
Clinton still refuses to oppose Mukasey and join Obama and Dodd on this important issue... what gives?

On a related note, why does she always wait for Obama to vote first?  This isn't the first time... the exact same thing happened with the Iraq war funding bill.  
And why shouldn't he inthemiddletexas?  the dunce in chief opposes anything but his lame ideas anyway.
Good move Obama, be there do your job.  Vote this one down, be early.  You may just buy yourself a few more votes. I will be happy to support a REAL working Dem in Congress!
Bee:  What the hell does Hillary have to do with this story?  You are proving my poing AGAIN.  
It is time to start using waterboarding for all confirmation hearings. Then we will get truthful answers or at least we might get torture banned.
I have grave doubts about Mukasey's ability to exercise independent judgment.  When his name was first put forth as the AG nominee, I poke around a little bit and what I saw made me a little nervous.  However, I was willing to give him the benefit of the doubt through his hearings.  What struck me was the difference between his first appearance and his second, as if he had been scolded for the independent streak he demonstrated on day 1 of the hearings.  

I realize that the AG is an appointed position, and that such positions are typically filled by those who share similar philosophies as the president.  However, when it comes to the DoJ, it must be allowed to place the law above the president's agenda.  If the law conflicts with presidential policy, presidential policy must yield.  Gonzales did not understand this, and it appears that Mukasey does not understand this either.  The president is not above the law, and he above all else should be committed to following not just the letter but the spirit of the laws of this nation.  We have a president who clearly will push the limits, as far as they can be pushed, in an effort to maximize his authority.  In such a situation, we need an AG who is prepared to push back and to say "No you cannot do this."  Mukasey is not that man, and for that reason alone, he cannot be allowed to fill the position of AG.

I'm glad that Dodd got the ball rolling by stating his opposition, and equally glad that Obama has joined him.  I imagine more and more Democrats will come on board, and Republicans who want to keep their seats in 08 will as well.  The American public may not understand the specifics of what happened with Gonzales but I think (or I hope) that the American people understand that Bush needs to be constrained from within his Administration as well as from without.
i love the 'disabled vet' ,that can join the online phds, mds, etc.

It's a message board. Outside of knowing Bee is a gop plant, we don't know anything about the people here
In the 1920's the Justice Deparment was called the department of ill repute, it is worse today. We must all be careful that the AG is not a personal mouthpiece for the executive branch. Republicans may like things this way now, but remember that a democrat in the white house will have all that power also one day, what will you say then when the party in power starts to use that power that your man gave to the office? We have checks and balances for a reason, our fore fathers saw the danger of an imperial president and took precautions, we need to keep those precautions in place.
John and Carrie, well written.  We cannot have an AG in place who is nothing but a mouthpeice for "W".  Of all the horrible things wrong with  the current administration, the fiasco that was Alberto Gonzales was the most repugnant to me.  Mukaskey is turning out to be a slightly less obnoxious version..
As someone who was waterboarded as part of my military training, I suggest that we waterboard Mukasey and let that clear the issue up for him. It is definitely torture, otherwise, why would we be using it to train our military on how resist torture?
Waterboarding is torture. Inability to understand or define is immediate grounds for disqualification for both a lawyer or a policeman. Common sense.
Waterboarding IS torture, Mukasey should just say so. Than those in the Senate who oppose him will vote for him.



If youre a democrat, then just vote democratic when the time comes.
Depends on who the democrat President "is". Someone who has already proven they can't be trusted with say FBI files wouldn't start with the benefit of the doubt.
People are also confusing the FISA act with the constitution. I may be wrong, but I don't think the FISA act (as out dated as it was) was constitutional to start with.
IntheMiddle-

Bush's toilette paper starts "We The People...."
Good to see Obama took the lead on this!!!!
Who would you rather have, someone who voted yes to authorize the Iraq war and the Kyl-Leiberman Amendment or someone who did not show up. I prefer the one that did not show up, a statment convirming being against both before the results is just as good as the next vote.
We need to waterboard a few of the bushies here and then ask them whether it is torture or just another interrogation method...I'm guessing at least one guy from texas soils his pants in under 30 seconds...lmao
Judge Mukasey was "waterboarded" by Bush and Cheney before getting to day two of the Senate Judiciary Committee hearings. It helps to explain how "tortured" Mukasey appeared in trying to answer a direct question from Senator Whitehouse (D-RI). Judge Mukasey said he didn't know what was involved in the technique. What planet is Mukasey from?

Nice try, Dubya, but no dice! The Senate won't accept a gray haired Gonzales wannabee.

I'm surprized it took so long for the Democratic candidates to announce their positions, but Mukasey looked better on paper.

Next nominee for Attorney General . . .
James it is easy not to do something like voting, but it is a much stronger statement to vote and make your voice truley heard.  
Except it was Dodd who took the lead, Crystal.  See, YESTERDAY Dodd released a statement, and TODAY Obama released a statement.  Today is AFTER yesterday.  Obama is AFTER Dodd.  If you follow after someone, you cannot be the one taking the lead.  
Good job on taking the lead again Obama!  As always, Hillary is trying to play follow the leader to make sure she doesn't screw up another vote after that Kyl-Lieberman mess she got herself into.
James ya Gotta show up if ya want to be the next COWBOY in chief!
"He'll oppose toilet paper if it was suggested by Bush.
IntheMiddle, TX (Sent Tuesday, October 30, 2007 11:34 AM)"

In the same way that neo-cons support any kind of crap... so long as it came from Bush...

CG, Pacheck & Ron NPR --- ditto on that
Obama didn't take the lead!

He's a follower on this issue too
It is heartening to see Edwards and Clinton jump on this issue..Bush has used the AG's office to promote and promulgate his twisted view of executive power, and that has always been the most frightening issue of all to me...the slow, insidiuous, creeping loss of personal freedoms
G - If youre a democrat, then just vote democratic when the time comes.


I'm a democrat.  Will someone help me vote cause I don't know how.  The check mark goes where?
Ms "Ready to lead" HRC shows her "leadership" again by following Obamas lead time and again.

BTW,Domenico and First Read got this story WRONG again - Obama expressed his opposition YESTERDAY, not today. It was posted on barackobama.com yesterday.
Carrie and Tuck--

Carrie says, "If you follow after someone, you cannot be the one taking the lead."

I am so glad you both noticed this, WOW!! That is the point many of us have been trying to make in regards to Senator Clinton. Who followed Obama and Edwards with policies on healthcare, education, social security, foreign policy, etc.

I am so glad that we are finally getting through to you!!! YAYYYYYYYYYYYY!!!

Obama 08
What took so long?

The Democratic Party presidential candidates should have announced their opposition to Mukasey just a few days following his conformation hearing before the Senate Judiciary Committee.

Poor Judge Mukasey was likely waterboarded, probably by Cheney himself, after day one of his testimony before Judiciary.  By not able to provide a simple answer to a simple question about what consitutes torture (and whether waterboarding falls within that definition), tells the world be is able to serve as Attorney General.

We don't need a gray haired Gonzales wannabee as AG unable to stand up to the Bush/Cheney neocon idiots!
The Dems are playing politics. Who gives a sh-t if anything gets done, hey?

Bush made one big mistake chosing Mukasey: he listened to Shumer.  The next AG will be a recess appoinment, and will make Mukasey look like Sen. Leahy.
To the person that said I'd take Obama for not showing up, did you know Obama tried to sponsor THE SAME IRAN LEGISLATION
So Dave in Tn, I assume that you still trust bush and cheney.  After all, they have ran such an open administration, so trustworthy with all their policies and decisions.  How can the Democrats possibly run a candidate that can match the current administrations generosity towards the populace instead of corporations.  Almost makes one want to vote for Rudy G so we can have 8 more years of trust!
Maybe he'll actually show up and vote him down, then.  But maybe not.
Bush and Cheney comprise the worst executive branch in the history of this country.  They were not elected to ignore the Constitution, and that's why Cheney and Bush have done more to harm America than al Qaeda ever could.

Mukasey doesn't have the stones for this job.  All nominees need to be rejected until they find someone who will tell Bush the Lesser and Cheney the Useless to get stuffed.
Da! The nominie for AG was appointed by Bush, so it"s understandable
he's not going to go against Bush.
Uhhh, didn't Shumer do somethin recently to push this appointment through?  If so, why hasn't MSNBC reported on it?  Bias, unbiased?

NOT IN AMERICA!!!

ROTFLMAO!!!  Yeah, right!


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