During the second day of his confirmation hearings, Michael Mukasey, George W. Bush's pick to be attorney general, defended some of Bush administration's more controversial moves, such as using so-called "enhanced" interrogation techniques for terrorism suspects (a.k.a. torture) and eavesdropping without a warrant. Regarding the controversial warrantless eavesdropping program, Mukasey said on Thursday that Bush might have acted within his constitutional powers when he authorized warrantless surveillance even though federal law required a warrant. In making this argument, Mukasey testified,

The president is not putting somebody above the law; the president is putting somebody within the law. The president doesn't stand above the law. But the law emphatically includes the Constitution.

Can you understand this? It's hard to follow, but it seems that Mukasey is back to the ol' Nixon standard that Gonzales was pushing for Bush: if the president does it, it's legal.

For another sharp look at some of what Mukasey said, check out my friend Marty Lederman's observations. He whacks Mukasey for being unable--or is that unwilling?--to say that waterboarding is torture. As Lederman notes,

But really,did we have reason to expect any better -- to think that Judge Mukasey would opine that his new boss has been violating the law?

Perhaps the bottom line is that anyone willing to be Bush's A.G. is suspect.

WHAT'S SO FUNNY? On Wednesday night, I was a candidate in the Funniest Celebrity in Washington Contest, held at the Improv comedy club. I didn't win, but today's Reliable Source column in The Washington Posthas a write-up on the show--which was a benefit for music education programs--and I'm featured in it:

What's there to laugh about in Washington? Seems everyone was trying to figure it out Wednesday night.

At the Funniest Celebrity in Washington Contest, the first to raise the obvious question was contestant David Corn. "Washington must be in hard times if I'm a celebrity," the Mother Jones editor riffed during his stand-up routine. "What, was Harriet Miers busy?" Time.com pundit Ana Marie Cox wondered why Rick Santorum wasn't competing in the charity fundraiser. "Then I realized by 'funniest' they didn't mean unintentionally funny. And by 'celebrity,' they didn't mean anything at all." Cox took third place, while Sen. Arlen Specter won second for deftly deadpanning every terrible joke you've ever heard. ( Please, no, not the paraplegic-rings-the-doorbell one!) As it turned out, the Funniest Celebrity in Washington...was neither: Joseph Randazzo, assistant editor of the Onion. Who lives in N.Y.C. Funny, though. (Full disclosure: We helped judge.)

One of my gags from the night:

In recent days, Laura Bush has been a forceful advocate for human rights in Burma. In fact, she has vowed that Burma will soon be a functioning democracy.

In related news, millions of Iraqis...have moved to Burma.

Ba-da-boom. You had to be there.

Posted by David Corn at October 19, 2007 07:43 AM