Bush: It's Mukasey or Nothing

President Bush yesterday asserted that he would never nominate anyone for attorney general who would be willing to state that waterboarding is torture -- so, if the Senate doesn't approve Michael Mukasey, "that would guarantee that America would have no attorney general during this time of war."

There is, of course, no attorney general right now because Bush's last choice spectacularly self-destructed. And many members of Bush's own party are quite comfortable stating that waterboarding is torture. It's not exactly a controversial position, seeing as waterboarding has been an iconic form of torture since the Spanish Inquisition.

But it's not Bush's style to back down, especially when a key element of his radical and unprecedented expansion of executive power is at stake.

Instead, Bush has learned that the higher he ratchets up the rhetoric, especially if he can accuse his critics of being weak on terror, the more likely Congressional Democrats are to fold. He's simply counting on that happening again.

Here's the text of Bush's speech to the conservative Heritage Foundation yesterday.

Laurie Kellman writes for the Associated Press: "President Bush sought to save Michael Mukasey's troubled nomination for attorney general Thursday, defending the retired judge's refusal to say whether he considers waterboarding torture and warning of a leaderless Justice Department if Democrats don't confirm him.

"'If the Senate Judiciary Committee were to block Judge Mukasey on these grounds, they would set a new standard for confirmation that could not be met by any responsible nominee for attorney general,' Bush said."

Donna Leinwand writes in USA Today: "Bush suggested in a speech Thursday to the conservative Heritage Foundation that delaying confirmation of the former federal judge could undermine national security. 'The job of the attorney general is essential to the security of America,' he said.

"He criticized Democrats for making Mukasey's confirmation contingent on his declaring illegal 'waterboarding,' a controversial interrogation technique that simulates drowning. Interrogation methods used by the CIA 'are safe, they are lawful, and they are necessary,' Bush said."

Sheryl Gay Stolberg writes in the New York Times: "With Mr. Mukasey's confirmation in doubt over his refusal to state a clear legal position on a classified Central Intelligence Agency program to interrogate terrorism suspects, Mr. Bush took the unusual step of summoning a small group of reporters into the Oval Office to preview remarks he planned to make later in the day at the Heritage Foundation, a conservative research organization here. . . .

"The president's remarks and a separate address on Thursday by Vice President Dick Cheney demonstrate just how much the White House has been caught off guard by the fight over Mr. Mukasey, a retired federal judge whose confirmation until recently seemed like a sure thing. . . .

"But the effort also suggests that the White House believes it can combat criticism of Mr. Mukasey and his views by appealing to public concern about terrorism."