In a post Thursday, I expressed concern over what damage George Bush and Dick Cheney might do in the 11 months they have remaining in office. Our worst fears were fulfilled within hours.

That day, before the House Judiciary Committee, Attorney General Michael Mukasey, the man who was supposed to be better than Alberto Gonzales, said he will not investigate the use of waterboarding by the CIA, nor will he investigate illegal phone taps of citizens.

The reason he gave is that attorneys at the Department of Justice had written memos authorizing those actions in advance and it would be wrong for DoJ to retroactively lodge criminal charges for the actions.

In other words, “we made it legal by saying so.” This is the worst transgression yet of the Constitution. It says, in effect, that the president can rule by fiat, doing just as he chooses, subject to no law whatsoever.

Congress, which is supposed to be the pre-eminent branch of government, has been directly challenged. What will it do?