Dear Senator Schumer,

I know that you recommended Mike Mukasey as an acceptable nominee for Attorney General and that it is a quite awkward thing for you to contemplate withdrawing your support for his nomination. But, Mukasey’s testimony and written responses have revealed that he is unacceptable for a variety of reasons.

Late last night, the White House also released 172 pages of written answers from Mukasey to questions from Senate lawmakers.

For the most part, the answers show that Mukasey’s legal views are largely in line with those of the Bush administration. They include a relatively expansive view of the president’s powers, particularly during wartime.

The nominee said it is “an open question,” for example, whether a U.S. citizen seized on U.S. soil can be detained indefinitely after the president declares that he is in an enemy combatant. He also reiterated his view that the president can ignore surveillance laws if they infringe on his powers as commander in chief, and said a Justice Department prosecutor cannot enforce a congressional subpoena if the White House has asserted a claim of executive privilege.

Additionally, he still cannot bring himself to say in simple language that waterboarding is a form of torture than is forbidden under the Constitution, statutory law, and international treaties.

Sen. Schumer, you sit on the Judiciary Committee, where even one Democratic vote will lead to a recommendation of confirmation and move the vote to the Senate floor. Only if the Democrats remain unanimously opposed to Mukasey can we prevent a Senate floor vote. All of the Democrats running for president have gone on the record as opposing the nomination of Mukasey. As potentially embarrassing as it might be, you have an obligation to the country, and the party, to rescind your support for Mukasey. If you don’t, you will be ratifying his radical interpretation of Executive Power and make it impossible to enforce Congressional subpoenas.

I implore you to do the right thing.

Respectfully,

BooMan