Phil, I would agree. Conservatives disappointed over losing a knock down drag out fight with Chuck Schumer and Ted Kennedy should not look a gift horse in the mouth, particularly considering the state of the stables. DOJ is a dysfunctional mess right now and a 3 month or so confirmation fight to possibly have Ted Olson there for less than a year seems a poor use of diminishing resources. By the way — and this will please all those who thought I was too easy on press errors — I think virtually all reports today misstate that Mukasey served as an assistant US attorney under Rudy in the Southern District of NY. I believe Mukasey actually left in 1976; Rudy arrived as US Attorney in 1983. They did serve together during Rudy’s first stint as an Assistant US Attorney.