Nixon’s Attorney General had been removed (and was later prosecuted for lying to Congress) – a situation not unlike Alberto Gonzales’s leaving the job under such a cloud. Nixon was under deep suspicion of covering up the true facts relating to the bungled break-in at the Democratic National Committee headquarters at the Watergate, not to mention widespread rumors that he had engaged in abuses of power and corrupt campaign practices. Today, Bush is under even deeper suspicion for activities far more serious than anything Nixon engaged in for there is evidence Bush has abused the laws of war, violated treaties, and ordered (or approved) the use of torture and political renditions, which are war crimes.
Since Judge Mukasey’s situation is not unlike that facing Elliot Richardson when he was appointed Attorney General during Watergate, why should not the Senate Judiciary Committee similarly make it a quid pro quo for his confirmation that he appoint a special prosecutor to investigate war crimes? Richardson was only confirmed when he agreed to appoint a special prosecutor, which, of course, he did. And when Nixon fired that prosecutor, Archibald Cox, it lead to his impeachment.
Before the Democrats on the Senate Judiciary Committee completely cave-in to Bush, at minimum they should demand that Judge Mukasey appoint a special prosecutor to investigate if war crimes have been committed. If Mukasey refuses he should be rejected. This, indeed, should be a pre-condition to anyone filling the post of Attorney General under Bush.
This assumes, of course, that the Democrats aren’t cowards who care more about their seats than upholding the freedoms and liberties of the Republic. Although, it’s a good suggestion….