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Whatever
First Read suggests Judge Laurence Silberman as AG. Now, he really would be ideal - hugely respected, very smart and not directly associated with the Bush administration thusfar. Of course, that doesn't deal with the question of why on Earth a federal judge - even one on senior status - would walk away from the bench to babysit the dying days of an administration that shows no sign of recovering its step, but it's still the best idea I've heard yet.
I agree--Silberman would be
I agree--Silberman would be a good choice, but he would have to be a masochist to accept the job now.
You mean because of the hearings?
Well, here's my thought (and this is why I pressed for an immediate recess appointment, too). I have no doubt in my mind that the dems are going to turn the hearings into a circus whomever the nominee is. They're going to seize their opportunity to turn it into a televised show trial for everything that they've alleged about the DoJ (and if the nominee is Chertoff, they'll drag in Katrina, too). They're going to use it as a weapon against Bush, or in Biden's case, a vanity mirror. It will be disreputable, it will be unfortunate, and in my opinion, it should have been sidestepped. But the liberating aspect of that is that it means that you can put up a really good nominee and they'll get no rougher a time than anyone else.
"When someone says their heart needs lifting, don't ask how come, ask how high."
Yes, but...
You wanted Gonzales out, this is the consequence. A recess appointment might be nice, but it's really the coward's way out... and not particularly in keeping with our constitutional traditions. Constitutional, yes, but not really in accordance with the traditions of these institutions of government. There would be a political cost to a recess appointment, as well, if the Dems aren't shown to be stonewalling first. Worse, the Democrats might well retaliate by further delaying judicial appointments, and I'd much rather have a circus hearing for AG confirmation than damage what lingering ability the administration and the Senate GOP have to push the judges through.
The DOJ needs some attention and some light. The Dems certainly won't shine any rational light on it during the confirmation process, but Congressional investigations rarely do that, and still manage to occasionally change behavior for the better. As we've all agreed, Gonzales was a bad AG, and the DOJ suffered under his tenure. It could use some fixing. A recess appointee will have very little stature to do that.
That's why a Silberman or some equally old, sage, "elder statesman" is what's needed. With no personal skeletons and respect on the Hill, the confirmation hearings won't be too brutal.
With a recess appointment, though, Congressional Dems will again scream cover-up, and they'll have more ammunition to justify their on-going, perpetual attacks on the Department. If they approve somebody, however, the Administration can say: "hey, give AG Silberman (or whoever) a break, he's straightening things out, give him some breathing room, don't bury him in subpoenas over things his predecessor did or didn't do."
Pat, Democrats are going to scream
no matter what. The problem with a recess appointment is it has to present a problem to Democrats to question. Lieberman would be crazy to take the spot unless there was a deal with Democrats to let him continue. Only Hillary or perhaps Obama can give that offer. Democrats would be wary of roasting Joe. Posner would probably be crazy to take it too. Townsend would raise problems for Hillary. Fitzpatrick would not be asked. Former Governor of NJ? Sam Nunn? If Bush can't get someone who would really present problems for Democratic circus, than perhaps more time is needed and a pick will be found later. A lot can happen in the next two hundred days.
I still like Ted Olson, but
I still like Ted Olson, but hey, I'm evil and I love a circus.
He's thoroughly qualified, and despised by the left. It could conceivably drive Patrick Leahy and Charles Schumer insane, which would definitely be a plus.
Every time they tried to demagogue on him in hearings, he could just talk about his 61st Birthday.
Want a circus?
Bork.
Bork has no birthday cards
Bork has no birthday cards to play.
Is that all that is needed for a circus?
Don't make me say De Lay for AG, or even Starr.....LOL
By the way, Tully, I saw this to add to your tear in the fabric os space. It is amazing how many scientific observations have happened recently. Some involve human evolution, others involve lasers. Really some good stuff icluding stem cell research, nanotechnology and space exploration.
Hell, everyone is at the circus.