Mukasey is AG nominee
Michael B. Mukasey is President Bush's nominee for Attorney General. According to USA Today, Acting AG (and Solicitor General) Paul Clement will immediately resume duties as Solicitor General and Peter Keisler, the head of the civil division, will take over as acting AG.
The Guardian reports that Mukasey was first nominated to the federal bench in 1987, became the chief judge of the U.S. District Court for the Southern District of New York for six years, and left public life in September 2006 when he rejoined the law firm of Patterson Belknap Webb and Tyler.
Mukasey presided over the trial of Sheik Omar Abdel-Rahman, who was accused of plotting to destroy New York City landmarks; Glenn Greenwald reports he also presided over the early states of the Jose Padilla case. Greenwald notes that Mukasey, in the Padilla case,
Rejected the notion that Padilla's detention could be justified based on the unchecked, unchallengeable, secret assertions of the President.
Judge Mukasey's respect for the Constitution and the rule of law should not be overstated. . . . Mukasey also ruled, very dubiously, that President Bush had the authority to detain American citizens, even those detained on U.S. soil, as "enemy combatants," and that they need not be charged with any crimes. . . . That ruling by Mukasey was resoundingly reversed by the Second Circuit on appeal. . . .
Mukasey recently wrote an op-ed in the Wall Street Journal where he argues that "terror trials hurt the nation even when they lead to convictions" and that "current institutions and statutes are not well suited to even the limited task of supplementing what became, after Sept. 11, 2001, principally a military effort to combat Islamic terrorism."
The New York Sun notes Mukasey may "draw scrutiny for [his] role in secret detentions." It added
The precise number of material witness detentions Judge Mukasey authorized is not publicly known because nearly all court records related to the cases were sealed on order from the judge, who said secrecy was required because the witnesses were to be called before grand juries. "As far as he is concerned … they will remain sealed, forever" [Mukasey's secretary said].The Center for American Progress characterized Mukasey as having shown "an independent streak that should serve him well if he maintains it in his new job" and declared "Mukasey is a sound pick that should draw bipartisan support." Glenn Greenwald said "Mukasey is very smart and independent . . . and -- at least compared to the array of nightmarish alternatives -- it is hard to see him becoming a subservient tool of the White House."
It is unclear whether the Senate will wait on hearings on the nomination until after more information is revealed regarding the alleged political firings of US Attorneys by the DoJ and the alleged violations of FISA by DoJ. USA Today reports that Mukasey will resign as a member of the "justice advisory committee" to Rudy Giuliani's presidential campaign.
ACS hosted a panel at its 2007 National Convention that discussed the role of the Department of Justice, and Slate's Dahlia Lithwick expounded on the proper role of an Attorney General.