According to a story in today's NY Times, Senate Democrats intend to press Judge Mukasey for assurances that as Attorney General, he will act independently of political influence from the White House. The story also reports that Mukasey will likely take measures to ensure just such independence. Here's a series of questions that might fruitfully be asked:
1) Do you believe in the unitary executive?
2) If so, how do you square that principle with your assurances that the Justice Dept under your leadership will act independently of political influence by the White House?
3) If not, will you attempt to rein in reliance on the principle of the unitary executive in OLC memos and other official administration pronouncements? Would that include signing statements?
Posted by Mike Dorf