If this report is true, Judge Michael Muskasey will be the
Attorney General pick and not Ted Olson. He is by all accounts a fine judge and may even be
confirmable. (Like Olson, he was on the Rudy legal advisory team.)
As for Olson, his stature remains unblemished by being considered
and his mental health preserved by avoiding the torture of sitting
through a Kennedy-Biden-Durbin-Feingold inquisition. It is perverse
but I so enjoy the Senate Judiciary hearings on key nominations.
They provide endless entertainment, abundant proof that
Senator-itis like the common cold remains incurable, and wonderful
games for all lawyers (e.g. how many constitutional fallacies and
outright errors can one Senator make in his allotted time). I
remain skeptical that we will get to hearings let alone a
confirmation vote since Senate Democrats will attempt to extract
their pound of flesh on their investigation of now departed AG
Gonzales as the price for proceeding with consideration of the
President's pick. With the highly esteemed Paul Clement in the role
of Acting AG there seems little reason for the White House to
capitulate so stalemate may be the order of the day.