Very interesting
article from the Columbia (SC)
State concerning the rejection of Bush's nominee to the U.S. Court of Appeals for the 4th Circuit, William J. Haynes. As a top lawyer in the Defense Department, Haynes helped craft the administration's notorious policies on the treatment of detainees and "enemy combatants" in the wake of 9/11 and the 2003 U.S. invasion of Iraq.
From all appearances, Haynes's nomination was scuttled by Lindsey Graham, a Republican Senator from South Carolina and a member of the Senate's Committee on the Judiciary, which conducts the initial review of nominees to lifetime appointments on the federal bench.
Graham, a former military lawyer, widely is seen on Capitol Hill and beyond as the man most responsible for the Senate’s failure to confirm Haynes. From his seat on the Senate Judiciary Committee, Graham expressed strong concerns about Haynes’ fitness for the appellate court.
Graham’s stand earned the admiration of many military lawyers and other senior officers. "To say the least, I have serious reservations about his nomination," Graham said Thursday. "This is not about being conservative. It’s about being held accountable for what happened on your watch." * * *
On the Senate floor and in committee hearings, Graham said it would be unfair to reward a senior Pentagon official who helped devise now-repudiated interrogation procedures while at the same time prosecuting rank-and-file soldiers who practiced them.
Graham also said the policies crafted in Washington confused soldiers in Iraq, Afghanistan and elsewhere because they contradicted well-established military regulations on interrogating enemy detainees.
In a dramatic showdown last month, Graham grilled Haynes at his confirmation hearing, cutting him off in mid-sentence at several points. Graham highlighted contradictions between Haynes’ testimony and that of military lawyers who said Haynes ignored their strong opposition to the interrogation techniques.
And Graham ridiculed Haynes’ contention that he didn’t set interrogation policies, but merely passed on the findings of Justice Department lawyers to Defense Secretary Donald Rumsfeld and the White House office of legal counsel.
Somehow I don't expect to hear any outraged cries of "Borking" from the right-wing crazies over this one, but I could be wrong.