Russ Feingold

Mukasey: Obama-Backed Feingold Bill is Unconstitutional


Spencer Ackerman of the Washington Independent (a TPM alum) spots one last attempt at relevancy from outgoing attorney general Michael Mukasey. It seems that the departing AG is not too fond of Sen. Russ Feingold's (D-WI) bill requiring Congress to be notified whenever any president is deemed exempt from laws by secret DoJ memos.

We mentioned the president-elect's approval of the Feingold plan on Monday, so it's unlikely that Mukasey's bluster about its constitutionality will have any effect. But for Republicans on the Senate Judiciary Committee, this could be the start of something good. They'll eventually be taking up the nomination of Dawn Johnsen, Obama's stellar pick to head the DoJ's Office of Legal Counsel, and Johnsen's support for the Feingold bill could turn into a reason for conservatives to slow down her confirmation.

Obama Backs Sunshine For Secret Legal Memos

I know I wasn't the only one troubled by the president-elect's interview with ABC News yesterday, when he was asked about adopting a uniform, torture-free military interrogation standard and replied (emphasis mine): "...And if our top army commanders feel comfortable with interrogation techniques that are squarely within the boundaries of rule of law..."

But this is certainly a good sign. From Politico:

Senator Russ Feingold (D-WI) said he's been informed that President Obama will support his proposed legislation to make public some opinions from the Justice Department's Office of Legal Counsel, which issued some of the Bush Administration's most sweeping claims of executive power. Obama also has promised to limit President Bush's practice of using "signing statements" to amend legislation.

Here's a link to the Library of Congress' summary of Feingold's bill, which was passed out of the Senate Judiciary Committee last year with one cosponsor -- brace yourselves, liberals, it was the oft-maligned Sen. Dianne Feinstein (D-CA). The legislation would essentially require Congress to be notified when any justice department releases a legal memo interpreting the constitutionality of federal statutes or exempting the president from any newly passed law.

Coming three days after the Bush DoJ's Office of Legal Counsel released a last gasp of abusive, ill-advised, law-stretching secret memos, this is a welcome sign.


Feingold Likes Panetta

Sen. Russ Feingold (D-WI), a stalwart progressive whose record of opposing Bush administration misdeeds makes him a bellwether senator, is just now coming out with his take on Leon Panetta. And he's pleased with the clean break signaled by the nomination.

I am pleased by reports of the nomination of Leon Panetta to be the next CIA Director. These reports indicate that President-elect Obama recognizes the need for fresh leadership for the intelligence community. Leon Panetta has a long and distinguished career in public service and there are few people of whom I have a higher opinion. He has been a strong voice opposing the interrogation practices authorized by the Bush Administration and he is well-equipped to restore our national security, which has been undermined by the current administration's policies. I look forward to closely examining his record, hearing his plans for protecting our nation against al Qaeda and other threats, and learning how he will help restore the rule of law after years of lawlessness that have undermined our national security.

Panetta's symbolic value as a critic of the Bush administration's detainee-treatment debacles may just trump his lack of insider's cred with intelligence officials.

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