Mukasey Says President Can Go Beyond Laws
On Wednesday and Thursday, the Senate Judiciary Committee held hearings on the nomination of U.S. District Judge Michael Mukasey to serve as U.S. Attorney General. Senators emphasized concerns about expansion of executive power in their questions to Judge Mukasey, touching on issues including surveillance, detention, and torture.
According to Amy Goodman of Democracy Now, "Mukasey defended many of President Bush's most controversial post-9/11 policies. He said the President has the right to indefinitely detain American citizens without charge. He refused to recommend the closing of the military prison at Guantanamo. And Mukasey said he does not believe prisoners at Guantanamo should be allowed the right of habeas corpus."
During his second day of confirmation hearings, Judge Michael Mukasey contended "the White House had constitutional authority to act beyond the limits of laws enacted by Congress, especially when it came to national defense," reported the New York Times.
He suggested that both the administration’s program of eavesdropping without warrants and its use of “enhanced” interrogation techniques for terrorism suspects, including waterboarding, might be acceptable under the Constitution even if they went beyond what the law technically allowed. Mr. Mukasey said the president’s authority as commander in chief might allow him to supersede laws written by Congress.
The Times reported a vote on his nomination may be delayed until Mukasey provides written answers to questions raised by Senate Judiciary Chair Patrick Leahy.
Mukasey quoted Tallyrand to characterize the so-called Bybee memo on abusive interrogation practices as "worse than a sin. It was a mistake." The nominee also promised that under his tenure, "[l]egal decisions and the progress of cases [would be] decided by facts and law, not by interests and motives."
On Tuesday, the White House released a few of the documents sought by the Committee relating to warrantless surveillance, which Chairman Leahy (D-VT) had at one point demanded as a condition for Mukasey's confirmation.
Over the past several weeks, ACS has released a number of resources to inform debate about the future of the Justice Department, including video and transcripts of recent panel discussions and related issue briefs and video excerpts from those panels on the proper role of the DOJ.
Written By:Xjustice On October 19, 2007 2:10 PM Written By:Jon Koppenhoefer On October 20, 2007 4:18 AM
The terrorists have already won by giving the Bush Administration the excuse they want to abandon the Constitution and rule of law.
United Sates of America get ready to be raped by Mukasey, his view on Article II of the U.S. Constitution gives the President (BUSH) and the war powers granted by Congress makes him GOD! Justice demands you say NO! Mukasey!
But remember Congress it's not rape if you say yes to Mukasey. Remember his ruling on the NYPD female officer!