The Confirmation Game

By Jay Newton-Small

After they finally bounced Alberto Gonzales out of town, it may seem petty for Democrats to try to delay the confirmation of former Federal Judge Michael Mukasey as Attorney General. To Republicans, it certainly does. In their eyes, President George W. Bush found a candidate that everyone could agree on. The right knows he's tough on terrorism, while the left respects his ruling that granted "enemy combatant" Jose Padilla a lawyer. "Our Democratic colleagues have repeatedly told us that the central concern in all this was the health and well-being of the Justice Department," said Senate minority leader Mitch McConnell. "Yet now they say they're willing to hold up the new Attorney General."

So what does Senate Judiciary Committee chairman Patrick Leahy, a Vermont Democrat and the man responsible for Mukasey's confirmation hearings, have against the former judge from New York? Nothing. He simply wants Justice Department documents relating to last year's firings of eight U.S. Attorneys, which the Administration has refused to hand over despite a subpoena. "Our focus now will be on securing the relevant information we need so we can proceed to schedule fair and thorough hearings," Leahy said. "Cooperation from the White House will be essential in determining that schedule."

Democrats say this could be the moment of truth in their efforts to unravel the firings. And the GOP shouldn't be entirely surprised that Mukasey is caught in the middle. His nomination, however agreeable, doesn't absolve the Administration of its sins. Will Bush fold and give Democrats the documents they seek? Expect a compromise, say several congressional staffers from both sides of the aisle. Some relevant papers may be handed over, and Mukasey will probably be confirmed sooner rather than later.