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I don't think that he could get appointed. He is the stereotypical "yes man" and does whatever he is told. He actually said that he thought he could find a way around the geneva convention. Those words would come back to haunt him in spades if he accepted the nomination.
As bad as he may be I would rather see him as a attorney general then get him on the supreme court and maybe get another ashcroft in the AG's office.
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