Mukasey Unleashed.

“I think what I said was that we could not investigate or prosecute somebody for acting in reliance on a Justice Department opinion.” The honeymoon is way over. In congressional testimony yesterday, Attorney General and theoretical straight-shooter Michael Mukasey announces he won’t look into waterboarding, won’t look into the warrantless wiretaps, and won’t enforce the persecuted prosecutor contempt citations. His rationale for all this? If the Justice Department says it’s ok, it’s not illegal. “That would mean that the same department that authorized the program would now consider prosecuting somebody who followed that advice.” Sigh…it’s enough to make one miss Alberto Gonzales. Ok, not really.

U.S.: We Waterboarded.

“Hayden said Khalid Sheik Mohammed, Abu Zubayda and Abd al-Rahim al-Nashiri were waterboarded in 2002 and 2003. Hayden banned the technique in 2006, but National Intelligence Director Mike McConnell told senators during the same hearing Tuesday that waterboarding remains in the CIA arsenal — so long as it as the specific consent of the president and legal approval of the attorney general.

Not to be lost in the Super Tuesday shuffle (as intended): CIA Director Michael Hayden admits that we’ve waterboarded at least three high-level detainees. “Human Rights Watch, which has been calling on the government to outlaw waterboarding as a form of illegal torture, called Hayden’s testimony ‘an explicit admission of criminal activity.’

Et tu, Teddy?

“The President made a deal with Senator Kennedy and neither one of them meant to mess it up. The deal was supposed to be, we will give the schools more money and get rid of two programs that Bill Clinton actually started…Now think about that — you get the worst of all worlds.” On the campaign trail in Arkansas (he’s campaigning in Arkansas?), Bill Clinton goes after Teddy Kennedy on the issue of No Child Left Behind. This follows on remarks he said yesterday: “I want you to think about this, and I have to say, this was a train wreck that was not intended. No Child Left Behind was supported by George Bush and Senator Ted Kennedy and everybody in between. Why? Because they didn’t talk to enough teachers before they did that.” Left unmentioned in both cases: “Everybody in between” includes Senator Clinton, who also voted for NCLB in 2001.

State of the…Quack.

So, as you may have heard, George W. Bush delivered his final (a lovely word, isn’t it?) State of the Union address last night. [Transcript.] I actually saw it two and a half times, as I had CNN running in the background while I websurfed well into the evening. And, maybe I’ve been getting ruined by the recent slew of memorable Obama-related speeches but, for the life of me, it didn’t make an impression at all. Right around the time Dubya made that goofy and somewhat undignified joke about the IRS accepting checks and money orders, something in my brain went *click*, and all I could hear was a lame duck quacking. So, if Dubya actually managed to say anything of substance, or discuss a program that might actually happen this year, please let me know. Update: Sen. Obama’s response. Update 2: James Fallows offers his usual worthwhile post-mortem.

The Bigger the Lies…

“It is now beyond dispute that Iraq did not possess any weapons of mass destruction or have meaningful ties to al-Qaida…In short, the Bush administration led the nation to war on the basis of erroneous information that it methodically propagated and that culminated in military action against Iraq on March 19, 2003.”

A new study by the Center for Public Integrity and the Fund for Independence in Journalism counts up the staggering number of falsehoods made by the Bush administration in the lead-up to Iraq. “The study counted 935 false statements in the two-year period…Bush led with 259 false statements, 231 about weapons of mass destruction in Iraq and 28 about Iraq’s links to al-Qaida, the study found. That was second only to Powell’s 244 false statements about weapons of mass destruction in Iraq and 10 about Iraq and al-Qaida.” (Via Dangerous Meta.)

No Country for Slow Men.

“Here, I’m the referee, and I want a fair, true portrait of the man. How did Bush go from an alcoholic bum to the most powerful figure in the world? It’s like Frank Capra territory on one hand, but I’ll also cover the demons in his private life, his bouts with his dad and his conversion to Christianity, which explains a lot of where he is coming from. It includes his belief that God personally chose him to be president of the United States, and his coming into his own with the stunning, preemptive attack on Iraq. It will contain surprises for Bush supporters and his detractors.” No joke: Oliver Stone announces his next project will be a George W. Bush biopic, with Josh Brolin attached. I must admit, as someone who really liked Nixon, I’m curious to see where he goes with it.

Who monitors the monitors?

“‘People should be very careful to make sure that monitorships do not become political plums,’ said Breeden, who stressed that he was not speaking about specific cases. ‘The key is the person who is monitor has to have a very good understanding of the business they’re dealing in.‘” It’s gotten so bad in Washington, even the government-appointed watchdogs might be on the make. According to a page 1 story in today’s WP, “[f]ederal prosecutors are steering no-bid contracts to former government officials who earn millions of dollars by monitoring companies accused of cheating investors and other schemes…The lucrative arrangements are known as ‘monitorships,’ unusual contracts in which an outsider comes into a troubled company with vast power to expose corruption and change business practices.

Among the former officials in question, former Attorney General John Ashcroft, who was recently put in charge of a $25 million deal to clean up kickbacks happening at the medical supply company Zimmer — no doubt because of his wide-ranging understanding of medical implant devices. “To prepare for the assignment and learn more about the business, Ashcroft said he recently watched as a replacement knee made by Zimmer was implanted in a cadaver.” Well, now he’s an expert…give him the check.

Shame of the Nation.

“Bush and Cheney are clearly guilty of numerous impeachable offenses. They have repeatedly violated the Constitution. They have transgressed national and international law. They have lied to the American people time after time. Their conduct and their barbaric policies have reduced our beloved country to a historic low in the eyes of people around the world. These are truly ‘high crimes and misdemeanors,’ to use the constitutional standard.” Not to be lost in the New Hampshire shuffle: Former Senator and presidential candidate George McGovern makes the case anew for Dubya’s impeachment.

The Commission, Stonewalled.

“There could have been absolutely no doubt in the mind of anyone at the C.I.A. — or the White House — of the commission’s interest in any and all information related to Qaeda detainees involved in the 9/11 plot. Yet no one in the administration ever told the commission of the existence of videotapes of detainee interrogations.” From a few days ago, 9/11 Commission Chairs Thomas Kean and Lee Hamilton angrily accuse the CIA and Dubya White House of stonewalling their investigation. “As a legal matter, it is not up to us to examine the C.I.A.’s failure to disclose the existence of these tapes. That is for others. What we do know is that government officials decided not to inform a lawfully constituted body, created by Congress and the president, to investigate one the greatest tragedies to confront this country. We call that obstruction.”

(Smoking Out) Eraserhead.

“Following a preliminary inquiry into the destruction by CIA personnel of videotapes of detainee interrogations, the Department’s National Security Division has recommended, and I have concluded, that there is a basis for initiating a criminal investigation of this matter.” Gee, you think? Attorney General Michael Mukasey announces a federal criminal probe into the matter of the destroyed CIA torture tapes. It will be headed by John H. Durham, currently “the second-in-command at the U.S. attorney’s office in Connecticut.