On one level, it is, I suppose, a good sign that there is some opposition to the confirmation of Michael Mukasey due to what ought to be his completely unacceptable positions on torture and more generally on executive power. But it’s difficult to avoid some deep ambivalence about the whole spectacle.
It is absolutely the case that Mukasey is a True Believer in all of the most extreme positions of the Bush administration regarding presidential power. That has been clear from the beginning. It is why he was chosen. After all, as a federal judge, he ruled that the President has the power to detain American citizens on U.S. soil indefinitely without ever having to charge them with a crime — a position he more or less repeated on the first day of his confirmation hearing.