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Posted by on Dec 7, 2007 in At TMV | 16 comments

Mukasey: What is He Waiting For?

You just wonder, is Old Scratch whispering to Mukasey: “Policy isn’t fitting the facts, it seems. Critical evidence has been lost? You’re thinking over what to do for the 44th time? Great tactics! Carry on.”

But, a gaggle of muddy angels interested in the old fashioned definition of justice are asking: Hasn’t Mukasey known for many days now that ‘tapes have been lost/ destroyed’?

Why hasn’t Mukasey shot out an immediate preservation order to all concerned so that all current records are protected from further ‘loss, misplacement, and addending’?

That grinding noise we’re hearing? Could it be shredders?
That scratching noise? Redacting/ revisioning of history?
That snoring sound? A Congress controlled by Democrats?

And Mukasey says? Mukasey says nothing of import in this critical matter.

See here, for ‘the thunder letter’ written by Sen Patrick Leahy when the previous AG Gonzales declined to issue a preservation order about a similar critical matter. Upon Gonzales declining to take charge, Congress issued their own supoena right over the top of him. Gonzales thought he was being loyal to the president.

As did Icarus think he was being loyal to his father Daedelus’ devilish instructions that left out the most critical part about flying for the first time, that is, that flying too high can cause hypoxia and thereby fatally imperil judgment.

AG Mukasey, if involved in the same kind of long ‘loyalty-do-nothing’ spasm AG Gonzales affected, will be Icarus II.

Here are three articles I wrote at TMV about Icarus psychology, and those in politics who begin with such promise, and yet fall from the sky in a nonstop dive they cannot pull out of.

And meanwhile, regarding the current AG Mukasey and his long overdue order, and regarding the Democrats in Congress who seem to be acting as though they are at tea party… while the Red Death traipses about, supposedly outside the walls…

Well, let’s just say Old Scratch is likely saying, “Perfect.”

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  • DLS

    You reminded me of something, Dr. E. During the stock bubble, when I was in Atlanta, I told a friend that the perfect name for a mutual fund during that time was — the Icarus Fund.

  • DLS

    The Congressional Dems have to be careful not to further discredit themselves in the process of going after answers about the tapes, don’t be too harsh to the point they are being obviously political rather than trying to learn about a wrong, but they should realize they have a place where they can get away with the harsher stuff, and it can involve Congressional Dems, away from Congress (out of the office) — let the Dems out on their campaigns for the Presidency be extra harsh on Bush while the Congressional Dems (even those who are campaigning, but while in their day jobs) remain calm, legalistic, and somewhat harsh in press conferences.

    This is nice campaign fodder for the Dems.

    I could see the next GOP debate, too: “Mr. X, you won’t also withhold and destroy evidence of torture or other misconduct or evidence that would embarrass nations with whom you deal, will you?”

  • DLS

    That snoring sound?

    You can’t say it’s Ronald Reagan. Too late.

  • Megaman_X

    Congressional Democrats have already discredited themselves far enough by letting him be confirmed, despite the fact that 40 Democrats voted against his confirmation. They never fight to the bitter end the way the Republicans do by filibustering everything.

  • domajot


    What are you talking about, exactl?.

    If Mukasey hadn’t been confirmed, The DOJ would be run today by some other temporary Bush appointed staffer
    That would be better, somehow?
    Bush promised he woulkn’t nominate anyone else, remember?

    I know it’s fun to just lash out.
    In this case, you might as well be lashing at the wind.

  • Megaman_X

    Uh oh. My first post ever and I’m already getting called out by another member. I am not doing so hot right now…

    I guess my point is that Mukasey should never have become Attorney General, since he clearly isn’t going to investigate the CIA’s destruction of those tapes.

    If Mukasey hadn’t been confirmed, The DOJ would be run today by some other temporary Bush appointed staffer

    Yes, I know, but the Democrats would have looked a lot stronger if they had managed to get Feinstein and Schumer to vote against Mukasey and at least try to send a message to the American people like, “Hey, we know how disgraceful Bush’s nominations have become, and we’re doing what we can to stop it.” But, they caved yet again.

    The Congressional Dems have to be careful not to further discredit themselves in the process of going after answers about the tapes,

    I don’t understand how going after answers about the tapes discredits the Democrats. Joe Gandelman already wrote about a thoughtful piece about this controversy a little while ago. If everything he said was true, then the CIA now looks like an agency that can get away with torture. By demanding an investigation, Congressional Democrats are trying to prove that even if we are a nation that does torture, at least we try to condone it.

  • Megaman_X

    Oh geez, I meant condemn, not condone! Whoops…

  • domajot


    Although I disagree with your take on the GA, my disagreemtnt is not intended as disparagemtn….
    even though you’re dead worng (hahaha!)

    I’m more than frustrated iwith Wahington, myself.
    Still, I try to be realistic in what I demand of the Dems. With a slim majority, and the vise of a pres+Rep obstructionism, they have very little wriggle room.

    I also see the ‘what might have been’ differently than you. You think they would have looked stronger by turning down Mukasy? But who would be blamed for the continued dissaraty in the DOJ and the lack of any GA at all? Doesn’t sound like a postition of strength to me.

    I abhor Reagn’s ‘never speak ill of a fellow Repulican”., but the Dems overdo it in the oppostite direstion, with every faciton demanding that it’s particular agenda be met.

    So the Dems should::
    Be strong, but end the war
    Spend time filibustering, but get legislation passed
    And by all means, get things done your way (by jjust walking over the Repubs, I presume)

    I understand the frustration, but iasking for the impossible helps no one, IMO.
    I just hope they forget about fighting each other long enough to get a bigger majority in ’08, so they have the ability to act.
    That’s my take on it, anyway.

  • Christopher

    This is my first post, so be gentle. As to the slow slide of the American moral landscape, I can’t help but think of Neitzche’s warning”
    “He who fights monsters should look into it that he himself does not become a monster. When you gaze long into the Abyss, the Abyss also gazes into you.”

    Why have we become so apathetic about our own moral compass?

  • Welcome Christopher!

    I have hope that Judge Mukasey is doing something about this.

  • domajot

    I ask the same questions you do.

    How could this moral decline happen so quickly?
    Are we too busy shopping and worrying about walth accumulation to note how fragile a democracy and the soul of a nation really are?
    Are we so busy fighting each other that we fail to notice we are destroying that which we are fighting over?

    The tide is trning, but slowly. Too slowly maybe.

  • Dr. Clarissa Pinkola Estés

    Dear Megaman_ and Dear Christopher, both strong names, welcome to TMV.

    Your questions about how could this decline occur so quickly, may be more a matter of how has it gone on so many decades without coming to light. I mean that with everything in me.

    Also, as all commenters here and others have no doubt experienced, writing letters, showing up, protesting, calling out, crying out even.. continues to go unheard, unseen by those in power. I often think of Nixon and LBJ seeing the protesters outside at the Capitol and turning away from the window. Egregiously harmful to a democracy.

    In no way, knowing what I know about my own life’s work and that of other activists and citizens who are
    mortally concerned, do I find that the majority of alert citizens have gone silent or resigned. There is no doubt many go in and out of disheartenment. And in order to keep going… there have to be remedies for that which each soul decides for themselves

    My best I have, is to keep going, to pull my full share in trying to blow open and raise up or bring down via incessant repetition… whatever we have not been able to change to the most decent, by asking once and with clear reason. This seems, I know, at times, an aeternal process without end, I know.

    Yet, hang in there; do what you can. No one person can effect it all. The process only seems perpetual. But each issue has its turning point. I feel certain it’s only one act, one small one, that tilts the balance …once the momentum has been created. That is what we are doing with all our plaints and call-outs and demonstrating and writing… we are the momentum. Blogs have created more momentum, I believe, than ever in the history of humankind.

    The thing is, we won’t be knowing who or what action in full soul will tip the balance. I don’t know any better definition for determination, than keeping doing what we can within our reach.

    I bless every soul, like those many here, who keep trying. ‘Tries’ accumulate and raise a profile. And I prescribe ‘rest’ for a time, for those who get fed up. Burnout is often caused by lack of nourishing companions. These have to be sought in order to remain strong in the work. Many of those souls can be found here. I am so often impressed by the hearts and minds of our commenters

    The Work? teaching, learning, saying, doing, keeping the issues above the water line. Those are just for starters as essentials. Yet that’s the hardest work. Creating the momentum, keeping the issue in full sight. MSM has abdicated often and turned instead to ‘pretty girl and pretty boy’ gossiping instead of critical news.

    So, in many ways, we are the only voices left. With fire. Yet without the flame contained (focused and consistent), even a fine furnace is useless

    this is just my .02


  • Christopher

    Dr. Estés,

    I found your words very moving. I do find a good bit of comfort in the growing blogosphere. I do believe that America will shake off the self-imposed sleep of denial, but I fear that it won’t be in time. There will be a seminal moment that demands that we stop and rethink what it is to be American. To rethink what are our common beliefs and to remember the wisdom of our founding fathers. I have no idea what that moment will be, but I do hold out hope.

  • SteveK


    Wow… If people were to speak as clearly and succinctly as you have here more would be drawn (not pushed) into reconsidering their position(s) on what’s happen to, and by, the American people and to this country that ALL of us love.

    Your ability to present conditions and opinions without being confrontation is so often missing, though sorely needed, in this and other debates of the day.

    Thank you very much.

  • DLS

    the Democrats would have looked a lot stronger if they had managed to get Feinstein and Schumer to vote against Mukasey

    They had to engage in damage control since their behavior was repelling people and getting them low approval ratings. This would have been worse, because the guy looked minimally damaging compared to whom Bush might have given them instead if Bush had wanted to play hardball. This guy was relatively clean, so it wasn’t worth the risk of alienating Americans more.

    Now they have the right to press him to take action.

    How might it be fought? Withholding of information on grounds of “national security” or even the classification of information about it, could keep it “below the gunwales.”

  • spirasol

    Megaman, just so’s ya don’t have to feel to far out on the fringe…………let me say I agree with you whole heartedly, not just on the Muckasy issue, but what it represents as a whole, that is, ostensibly the American people put the donkeys in a majority in so they could fight back against Bush and the Elephants. Overwhelmingly the population at large is disappointed, BIG TIME!!!! So the Mukassy issue is just one action among many where the donkeys have threatened and backed down. These are lousy tactics for parenting, let alone governance.

    What we seem to be getting to is the much larger issue of the two party system, and how it works to sustain itself. As we devolve from a democracy by and for the people into an oligarchy by and for corporations.

    So I’m with you, you are not alone and feel better!!!

    Thanks too, to Clarissa, for the lovely words of encouragement to a battle weary populace who can’t see progress being made for all our desperate effort to force it forward.

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