House Judiciary Committee Chairman John Conyers (D-MI) is not satisfied with Attorney General Michael Mukasey's appointment of John Durham, assistant US attorney in Connecticut, to oversee the investigation of the CIA torture tapes' destruction.  Conyers wants a special counsel.  Good for him!

As Jonathan Turley, eminent law professor at George Washington University Law School, reminds us,  "Attorney General Mukasey swore implausibly that he did not know what waterboarding is and, even when told, refused to acknowledge the various courts decisions defining it as torture. Since his confirmation, he has refused demands that he answer that question for the obvious reason that it would confirm that President Bush ordered criminal acts. (Underline added) Sen. Feingold has led this worthy but thus far fruitless effort. Mukasey will now head an investigation involving the very subject of waterboarding.

The DOJ, headed by Mukasey, another Bushite lackey like Alberto Gonzalez, albeit a former judge, but, nonetheless, a King George toadie, egregiously equivocated about waterboarding being torture to protect his then boss-to-be and continues to protect his boss, the Shrub.  Just like Gonzalez, he apparently thinks his duty as Attorney General is to Bush not the American people.  

So, the Justice Department, accused of contempt and obstruction will be investigating itself and, based on preliminary investigations, must reach into the White House.  You can bet Mukasey and the White House will prevent that; thus the appointment of John Durham, a DOJ employee.

Bushites and Republicans on Capitol Hill, constant Bush guardians, will be praising this deceptive appointment.  Unfortunately, Senate Judiciary Committee Chairman Patrick Leahy (D-VT), a member of the exclusive 100 club, seems myopic and has not objected to this blatant conflict of interest. 

Turley continues, "The advantage of having the Justice Department control the investigation is that it would move as a glacial pace and probably be narrowed to avoid the torture crime and other related offenses — focusing entirely on obstruction which is subject to technical defenses....

"John Durham, the U.S. Attorney in Connecticut, is not viewed as political but he remains within the Justice Department and under Mukasey’s supervision. Many of us are concerned due to the less than impressive performance of Patrick Fitzgerald in the Scooter Libby matter. Fitzgerald’s investigation later showed significant holes and seemed to struggle to give possible targets like Karl Rove endless opportunities to get his sworn testimony right in repeated appearances before the grand jury."

This is the Justice Department investigating itself, led by Mukasey, a Bush protector, taking orders from the White House, trying to pull a fast one.

Congress must demand an independent investigation by an independent prosecutor but not Fitzgerald or his ilk.

John Conyers is right but will it just be another bluster and cave?  Will the constantly disappointing Pelosi and crew support Conyers' demand for an independent counsel and expose Mukasey's fraud.  On the Senate side, there may be other Democrats like Leahy who are clueless about or possibly enabling Mukasey in his obviously obstructionist move.

It's understandable why the Democratic base is so frustrated and angry with many Democrats on Capitol Hill.