Delusional Decider.

“‘I believe we will keep the White House,’ he said twice at a pre-holiday news conference in the White House briefing room. ‘I believe ours is the party that understands the nature of the world in which we live and that the government’s primary responsibility is to protect the American citizens from harm…I’m confident we can pick up seats in both the Senate and the Congress.'”

Hey, Mr. President, how is the weather on Mars? At a news conference today, Dubya predicted a GOP presidential victory and GOP congressional gains come next November. (He also refused to comment on the CIA tapes debacle.) The good news here for the rest of us is that this man has been wrong about pretty much everything for the past seven years. Why stop now?

Congress/Judge to WH: Tear down the Wall!

So much for those early, hopeful signs of independence…Attorney General Michael Mukasey tries to stonewall both a Congressional investigation and a Judicial investigation into the destroyed CIA tapes, arguing it would impede the Justice Department’s own inquiry into the matter. “‘We are stunned that the Justice Department would move to block our investigation,’ Reps. Silvestre Reyes (D-Tex.) and Peter Hoekstra (R-Mich.) said in the [responding] statement. ‘Parallel investigations occur all of the time, and there is no basis upon which the Attorney General can stand in the way of our work.’“

And, in somewhat related news, conservative judge Royce Lamberth, who earlier butted heads with the administration over FISA, rules that — despite what Dick Cheney thinks on the matter — White House visitor logs are public records, meaning visits from “Casino Jack” Abramoff and/or religious conservatives can no longer be kept secret on account of (dubious appeals to) “national security.” Looks like it’s win-some, lose-some for Dubya’s imperial pretensions this week.

The Lost Langley Terror Tapes.

“[H]ere’s a different thought experiment: How would the national debate over torture have changed if we’d known about the CIA tapes all along? How would our big terror trials and Supreme Court cases have played out? Yes, this is also a speculative enterprise, but it’s critical to understanding the extent of the CIA’s wrongdoing here.” In light of the recent revelation that the CIA destroyed video evidence of their abusive interogation procedures in 2005, well after they’d become relevant both in many different legal cases and in the national discussion about torture, Slate‘s Emily Bazelon and Dahlia Lithwick survey the wreckage the CIA has made of our legal process. “Video of hours of repetitive torture could have had a similarly significant impact — the truism about the power of images holds. If we are right about that — and we think we are — this evidence that has been destroyed would have fundamentally changed the legal and policy backdrop for the war on terror in ways we’ve only begun to figure out.” If nothing else, an independent counsel should be named immediately. Even given the criminality and contempt for the rule of law we’ve come to expect from this administration, this sort of thuggish, gangland behavior is shocking news.

Waterboarding? Is that in the X-Games?

“Will we join that gloomy historical line leading from the Inquisition, through the prisons of tyrant regimes, through gulags and dark cells, and through Saddam Hussein’s torture chambers? Will that be the path we choose?” As a result of his continued inability to define waterboarding as torture, Michael Mukasey’s chances of becoming AG grow murkier. “‘If we are going to restore the image of the United States of America, the highest law enforcement officer should be clear, firm, unequivocal: that waterboarding and torture are unacceptable, un-American, illegal and unconstitutional,’ Durbin said.” Update: But, of course, key Dems capitulate, namely Senators Schumer and Feinstein. Good God, our party is pathetic at times.

Mukasey Closed.

“All other considerations aside, any person who cannot say, plainly and unambiguously, that water-boarding is torture and is both immoral and illegal should not be the attorney general of the United States. Period.” After the nominee’s hemming and hawing about waterboarding, Slate‘s Frank Bowman makes the case against Michael Mukasey’s confirmation as AG. “If the Senate is foolish enough to ratify the replacement of a bumbling toady with an accomplished apostle of the gospel of executive supremacy, it will deserve every snub this and future presidents inflict. But the rest of us deserve better.“

The Secret History of Torture.

“‘The administration can’t have it both ways,’ Rockefeller said in a statement. ‘I’m tired of these games. They can’t say that Congress has been fully briefed while refusing to turn over key documents used to justify the legality of the program.” Claiming only that the US “does not torture people,” the White House refuses to turn over Justice Department documents on torture policy, “contending that their disclosure would give terrorist groups too much information about U.S. interrogation tactics.” Those documents, announced by the NYT on Thursday, “provided explicit authorization to barrage terror suspects with a combination of painful physical and psychological tactics, including head-slapping, simulated drowning and frigid temperatures, and “show how the White House has succeeded in preserving the broadest possible legal latitude for harsh tactics.“

And, Whoa, My Nights are so long.

In the big news this past week, the wheels continue to come off over at Team Dubya. First Karl Rove jumped ship. Then Tony Snow told us he’ll be off soon to make some money. And now, at long last, Alberto Gonzales has announced his resignation as Attorney General. “[W]ithin the past week, Justice aides and other officials said, Gonzales concluded that his credibility with Congress, his employees and the public was so shattered that he could not promise to remain through the end of Bush’s term, as the White House chief of staff had demanded of Cabinet officers.” Well, that, and there’s the matter of continuing investigations into Gonzales, which the Dems say will continue (and should, since there’s solid evidence he’s perjured himself.) At any rate, good riddance, Gonzales. Like too many Dubya appointments, you’ve embarrassed the nation, with your justifications for torture and illegal wiretapping as much as with your tortured evasions and denials. Frankly, this should’ve happened months ago.

Muckraking at the Movies.

Some recent trailers of a political bent: Sen. Tom Cruise urges stay the course, journalist Meryl Streep harbors doubts, and guidance counselor Robert Redford soapboxes like it’s going out of style in the full trailer for Redford’s Lions for Lambs, also with Peter Berg, Derek Luke, and Michael Pena. Or, if you take your Meryl dark, Reese Witherspoon’s Arabic husband falls awry in the CIA secret prison system (or does he?) in the more compelling trailer for Rendition, also with Streep, Jake Gyllenhaal, Peter Sarsgaard, Alan Arkin, J.K. Simmons, and Omar Metwally. Elsewhere, an Afghani emigre (Khalid Abdalla) ventures home, into the realm of the Taliban, to honor the last wish of a childhood friend in Marc Forster’s version of Khaled Hosseini’s The Kite Runner. And, for more historically-minded muckraking, Ed Harris, Helen Mirren, Harvey Keitel, and Bruce Greenwood join alums Nicolas Cage, Diane Kruger, Jon Voight, and Justin Bartha in unlocking the hidden mysteries of the presidency in the trailer for National Treasure 2: Book of Secrets. (A totally cheesy b-movie, to be sure, but I enjoyed the first one more than the ponderous Da Vinci Code.)

Backcourt Violations.

“‘Conservatives got everything they could reasonably have hoped for out of the term,’ said Thomas C. Goldstein, a Washington lawyer who specializes in Supreme Court litigation.” Proving the crucial importance of the Alito-O’Connor switch (and, I’ll continue to maintain as my answer to Emily Bazelon’s line of questioning, the 2004 election), the Roberts Court flexed its muscle in depressing fashion this week, voting 5-4 (as feared) not only to gut the McCain-Feingold act in the name of “free speech” but also — seriously, no lie — to partially roll back Brown v. Board of Education. (In another well-reported case, the majority’s inordinate fear of bongs trumped this stalwart commitment to free speech.) So, if you’re keeping score, Roberts, Alito, Scalia, Thomas, and Kennedy came down like this: money good, corruption good, drug hysteria good; clean politics bad, youthful irony bad, integration bad. Oh, wonderful. Suddenly, the announcement that the Court will take a look at the Guantanamo cases doesn’t sound so appetizing. Update: Slate‘s slate of legal observers discuss.

Fein Gold.

“In grasping and exercising presidential powers, Cheney has dulled political accountability and concocted theories for evading the law and Constitution that would have embarrassed King George III…As Alexander Hamilton advised in the Federalist Papers, an impeachable offense is a political crime against the nation. Cheney’s multiple crimes against the Constitution clearly qualify.” Former Reagan Assistant Attorney General Bruce Fein makes the conservative case for Dick Cheney’s impeachment in Slate.