Marjorie Cohn, a professor at Thomas Jefferson School of Law, says: "It is not clear whether Mukasey knew Zubaydah's statements were obtained by torture. But since he issued the warrant, Mukasey has a real or apparent conflict of interest" as one of the heads of the current investigation into the CIA- destroyed torture videos. Mukasey has appointed a career federal prosecutor to head the investigation and report back to him.
Cohn adds: "[Mukasey] has said it is premature to appoint an outside special counsel. But like the Nixon administration, the Department of Justice cannot be trusted to investigate itself. Congress should be pressured to pass a new independent-counsel stature."
There are bipartisan constitutional lawyers beginning to apply that pressure, but there will be passionate resistance from Congressional Republicans. Do you think that Democratic Congressional leaders Harry Reid and Nancy Pelosi will give a damn?