The (somewhat perfunctory) hearings are over, and — despite several “quiet bombshells” and troubling evasions, it appears likely that Sam Alito will be confirmed to the court as expected. Well, hopefully the purported liberalizing influence of the Court will work its mojo on Alito, although that’s not a very comforting peg on which to hang one’s hat. (Another perhaps equally unlikely possibility which I’ve heard discussed recently is that Roberts, not Alito, will become the new swing vote. One can only hope.)
Category: The Dubya Era
The Sam Alito Show.
Didn’t we just do this? Well, regardless, the Senate Confirmation hearings for Sam Alito are now underway. Given his dubious paper trail, his conflict-of-interest on the books, the recent disclosures about Dubya’s imperial pretensions and the possibility of a Dem filibuster, Sam “Scalito” Alito looks to have a tougher road ahead than John Roberts. But, who among the GOP, other than possibly Arlen Specter, might vote against him? Barring a Borkish meltdown before the Senate Judiciary, or, unlikelier still, an uprising over the issue of presidential power, I’d be surprised (but not at all dismayed) if Alito isn’t nominated to the bench, particularly with the public (slightly) behind him. That being said, having freakshow GOP pro-lifers like Sam Brownback and Tom Coburn froth at the mouth over Roe v. Wade probably isn’t doing Alito any favors in the court of public opinion. Update: Alito’s opening statement: Aw shucks, I’m just a humble, regular, working-class guy from Jersey, and in no way a scary conservative (although I do really dislike 60’s liberals.) Update 2: Slate‘s Dahlia Lithwick weighs in.
Post-DeLay Fallout.
More bad news for Boss DeLay: Once again, a Texas court has refused to dismiss money-laundering charges against him. Meanwhile, Speaker Dennis Hastert taps David Dreier to pen new lobbying rules for the House (ignoring the fact that Dems, with the aid of Republican Chris Shays, composed stricter lobbying legislation months ago.) And GOP insiders (and, basically, DeLay flunkies) Roy Blunt and John Boehner scramble to take DeLay’s place as majority leader, despite both being tainted by Abramoff contributions. Two days after the Hammer’s fall, and it’s already becoming clear: The only real way to cleanse Congress of this current wave of corruption is the ballot box, come November.
Hammer Falls.
“The job of majority leader and the mandate of the Republican majority are too important to be hamstrung, even for a few months, by personal distractions.” Whether it be due to Abramoff’s encroaching testimony, the uprising of GOP moderates, Duke Cunningham’s wire, or all of the above, Boss DeLay has admitted defeat and given up his post for good. While this is excellent news, there’s still much work to do: The ringleader may be dethroned, but the DeLay Ring persists. Hopefully prosecutors in Texas and the Justice Department, as well as members of Congress shamed by the rampant corruption characterizing DeLay’s reign, won’t rest until the Hammer is thrown out of the House and taken to the woodshed. In fact, with any luck, Boss DeLay will be a featured member of the Big House before long.
He has refused his assent to laws.
“It appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here,’ the authors of the CRS report wrote. The administration’s legal justification ‘does not seem to be…well-grounded.'” A 44-page nonpartisan report by the Congressional Research Service finds Dubya’s dubious reliance on presidential prerogative to explain away the NSA wiretaps doesn’t hold up.
Repeated Injuries and Usurpations.
With most of their arguments already rendered false or nonsensical, “Big Time” Dick Cheney invokes an old standby to justify the illegal NSA wiretaps (which, it turns out, may have begun before White House authorization): 9/11, 9/11, 9/11. And, also in the King George department, Dubya in effect announces he’ll bypass the new torture ban whenever he feels like it. Says one legal expert: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’” (Media Matters link via Looka.) Update: The FISA court judges want answers, and a possible NSA whistleblower steps up.
Folding Operations.
“In the short run, members of Congress will get allergic to lobbyists.” As Casino Jack enters a second plea and the fatcats of K St. begin to panic, many top GOP officials burn their Abramoff cash (and for good reason), including Ney, DeLay, Hastert, Blunt, and Dubya. “Abramoff raised at least $100,000 for the Bush-Cheney ’04 re-election campaign, earning the honorary title ‘pioneer’ from the campaign. But the campaign is giving up only $6,000 that came directly from Abramoff, his wife and one of the Indian tribes that he worked to win influence for in Washington.” Update: According to the NYT, the Abramoff plea may have put the dagger to Boss DeLay’s comeback hopes.
Casino Jack-pot.
Happy 2006, y’all. Today’s a travel day for me (from San Diego back to Norfolk), so updates will be sparse. That being said, amid the grim news in West Virginia, I’d be remiss if I didn’t post this glint of light for the new year: As rumored, the Feds have flipped Jack Abramoff, meaning trouble ahead for the DeLay-driven GOP corruption machine. While the inquiry into Boss DeLay, who just picked up a Dem opponent in the 2006 midterms, “could take up to a year and require the cooperation of other witnesses before issues are resolved,” it seems prosecutors will move more quickly against DeLay deputy and GOP official Bob Ney, who corresponds to a “Representative #1” referred to in the plea agreement. Let’s get this show started!
Jack of Clubs.
“‘Jack would say, ‘I gave that guy 10 grand and he voted against me!'” Previewing “what could become the biggest congressional corruption scandal in generations” when it fully erupts in 2006, the Washington Post offers a brief overview of the meteoric rise and sordid fall of Casino Jack Abramoff.
The I-Word.
“‘The fact is, the federal law is perfectly clear,’ Turley says. ‘At the heart of this [NSA wiretap] operation was a federal crime. The president has already conceded that he personally ordered that crime and renewed that order at least 30 times. This would clearly satisfy the standard of high crimes and misdemeanors for the purpose of an impeachment.'” Salon‘s Michelle Goldberg assesses the current political temperature for Dubya’s impeachment. “‘For Republicans to suggest that this is not a legitimate question of federal crimes makes a mockery of their position during the Clinton period. For Republicans, this is the ultimate test of principle.‘” Update: Slate‘s Dahlia Lithwick also muses on Dubya’s distaste for the rule of law.