Elizabeth Holtzman | Richardson's Confirmation, a Guide for Mukasey's

By Elizabeth Holtzman t r u t h o u t Op-Ed
Friday 19 October 2007
New revelations of secret opinions indicate the Justice Department under former Attorney General Gonzales actually authorized head slaps, freezing temperatures, simulated drownings and other abusive interrogation techniques. They are all the more reason to view Bush administration interrogation policies as possible violations of anti-torture laws. It is now imperative that we have a special prosecutor investigate them.
Congressional Democrats have issued subpoenas, demanded testimony of key White House aides, negotiated in good faith with the White House to obtain release of relevant documents to inform confirmation hearings for Attorney General nominee Michael Mukasey - all to no avail.
The White House may continue to try to stonewall Congress on documents and testimony, claiming executive privilege. But it would not be able to stonewall subpoenas from a special prosecutor investigating a possible crime - the Supreme Court has already ruled in the Nixon tapes case that such subpoenas trump presidential secrecy claims. That's a compelling reason for the Senate to use upcoming hearings to demand that Mukasey appoint a special prosecutor if confirmed as Attorney General.
In fact, that is exactly what happened in 1973, in a Watergate precedent that closely parallels the Mukasey nomination today: Attorney General Richard Kleindeinst had resigned under a cloud. President Nixon, faced with a hostile, Democratically controlled Senate, proposed a "consensus" candidate, Elliot Richardson, for Attorney General. Like Mukasey, Richardson was a respected figure whose qualifications were not seriously questioned.
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