The New AG

So it's not Ted Olson in Justice, after all. The Prez picked a different far-right jurist for attorney general, Michael B. Mukasey. He's got the credentials, having been a U.S. attorney in New York City who was appointed to the federal bench by Ronald Reagan. While there, he presided over terrorism cases such as a plot to blow up the United Nations and other New York landmarks. He's close to the Giuliani campaign, but I guess we can't have everything. On the other side of the red/blue divide, New York Democrat Chuck Schumer supports him as well. In fact, many Democrats are acting as though this is the best they could hope for (and perhaps it is) and are suggesting that the confirmation process may go fairly smoothly. They shouldn't allow that. Although Mukasey may well be the best choice that could come from this administration, this is the Senate's opportunity to push for some information a get a few questions answered. As we found from the continuing drama that was Alberto Gonzales, this opportunity doesn't come around that often. For some reasons why progressives might perhaps have a shred of optimism concerning this nomination, go read Glenn Greenwald from yesterday and discover how Mukasey stood up to the Bush administration during the first days of the Jose Padilla case.

Judge Mukasey repeatedly defied the demands of the Bush administration, ruled against them, excoriated them on multiple occasions for failing to comply with his legally issued orders, and ruled that Padilla was entitled to contest the factual claims of the government and to have access to lawyers. He issued these rulings in 2002 and 2003, when virtually nobody was defying the Bush administration on anything, let alone on assertions of executive power to combat the Terrorists. And he made these rulings in the face of what was became the standard Bush claim that unless there was complete acquiescence to all claimed powers by the President, a Terrorist attack would occur and the blood would be on the hands of those who impeded the President.

In demanding that Padilla be denied access to lawyers, the Bush administration argued that access to counsel would destroy its ability to interrogate Padilla, and that "enemy combatants" had no such rights. Mukasey emphatically rejected both contentions.

Greenwald stresses that passing along these facts is not an unequivocal endorsement of the nominee, but a willingness to buck the Bush administration over principal is a good start.