Disappointing Democrats

Glenn Greenwald explains.

Numerous Senate Democrats delivered dramatic speeches from the floor as to why Mukasey's confirmation would be so devastating to the country. The Washington Post said the "vote came after more than four hours of impassioned floor debate."

"Torture should not be what America stands for . . . I do not vote to allow torture," said Judiciary Committee Chairman Pat Leahy. Russ Feingold said: "we need an attorney general who will tell the president that he cannot ignore the laws passed by Congress. And on that fundamental qualification for this office Judge Mukasey falls short." Feingold added: "If Judge Mukasey won't say the simple truth -- that this barbaric practice is torture -- how can we count on him to stand up to the White House on other issues?"

Wow -- it sounds as though there was really a lot at stake in this vote. So why would 44 Democratic Senators make a flamboyant showing of opposing confirmation without actually doing what they could to prevent it? Is it that a filibuster was not possible because a large number of these Democratic Senators were willing to symbolically oppose confirmation so they could say they did -- by casting meaningless votes in opposition knowing that confirmation was guaranteed -- but were unwilling to demonstrate the sincerity of their claimed beliefs by acting on them?

The Post said the vote "reflected an effort by Democrats to register their displeasure with Bush administration policies on torture and the boundaries of presidential power." Apparently, they wanted to oh-so-meaningfully "register their displeasure" but not actually stop confirmation.

[The most amazing quote was from chief Mukasey supporter Chuck Schumer, who, before voting for him, said that Mukasey is "wrong on torture -- dead wrong." Marvel at that phrase: "wrong on torture." Six years ago, there wasn't even any such thing as being "wrong on torture," because "torture" wasn't something we debated. It would have been incoherent to have heard: "Well, he's dead wrong on torture, but . . . "

Now, "torture" is not only something we openly debate, but it's something we do. And the fact that someone is on the wrong side of the "torture debate" doesn't prevent them from becoming the Attorney General of the United States. It's just one issue, like any other issue -- the capital gains tax, employer mandates for health care, the water bill -- and just because someone is "dead wrong" on one little issue (torture) hardly disqualifies them from High Beltway Office.]

Over and over again this year, Republican filibusters were depicted (both by Senate Democrats and the media) as nothing more the routine need to obtain the "60 votes required" for passage of any measure in the Senate. That "requirement" was said to apply to everything, including immigration ("The Senate voted 52-44 for the DREAM Act, but 60 votes were required to end debate"); Iraq withdrawal timetables ("Support is expected to top 50 votes but fall short of the 60 required"); troop leave requirements ("Webb's Iraq bill inches closer to 60 . . . . Winning at least three of those Republicans over could give the Democrats the 60 votes they need"); and warrantless surveillance ("Democratic-sponsored bill failed to reach the 60-vote majority").

(Whole thing.)