Former Federal Judge Mukasey Appointed New Attorney General

President Bush has selected Michael B. Mukasey, a former federal judge with experience in trying terrorism cases, to be the next Attorney General. The Senate appears content enough with the nomination to allow a confirmation vote to go ahead. This appointment is setting the tone for the final year of the Bush administration. There’s no stomach for a real fight, and the primary task is not about ideology anyway.

Mr. Bush gets an AG, here, with some credibility in terrorism’s legal aspect. CNN noted, “While on the bench, Mukasey presided in terrorism cases involving dirty bomb suspect Jose Padilla and the blind sheik, Omar Abdel Rahman, whom Mukasey sentenced to life in prison for his role in a New York terror plot.” This is a far cry from Mr. Gonzales’ lack of experience in the most significant field of American law this decade. However, there is more to the appointment that reminding everyone that Mr. Bush thinks terrorism is a problem.

The Associated Press reported, “in 2005, the liberal Alliance for Justice put Mukasey on a list of four judges who, if chosen for the Supreme Court, would show the president’s commitment to nominating people who could be supported by both Democrats and Republicans.” In fact, it has upset some of the party’s rightists.

Brian Burch, president of Fidelis, “a Catholic-based advocacy organization” that says it is dedicated to “defending life, faith and family,” complained, “When it comes to other issues [that is, other than terrorism], particularly the issue of abortion we do not think his record is someone that we can trust, and we think the president should look at some other candidates.” Another angle, the libertarian one, came from Bruce Fein, a former deputy attorney general in the Reagan administration. He believes Judge Mukasey is “not the right person for the job.” As a reason, he said, “I do not believe, despite certainly substantial credentials, that he has the national stature and strength in Congress to resist White House overtures to insist that he bend the law to assist the political agenda.” Quite possibly true.

The top job, though, for the next AG is different. The Justice Department is, at best, dysfunctional thanks to the gross ineptitude of outgoing AG Alberto Gonzales. It needs to be repaired, turned into a governmental entity that can successfully discharge its functions. To do this, it needs someone at the top who believes in law enforcement as an end in itself and not a means to advance a political agenda. Judge Mukasey might just have the ability to do that, and for that reason, he should probably get his confirmation. The hearings should demonstrate if this is so.

© Copyright 2007 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Fedora Linux.

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