SUNDAY SEPTEMBER 16, 2007 08:15 EST
Michael Mukasey's role in the Jose Padilla case
(updated below - Update II)
Bill Kristol claims to have learned that George Bush will nominate former federal Judge Michael Mukasey on Monday to be the next Attorney General. CNN now has a similar, though less definitive, report. While Kristol thinks the choice is a good one, many other right-wing Bush supporters do not, based on their hope for more partisan figures (such as Ted Olson), the childish concern that Chuck Schumer and Nan Aron approve of Mukasey, as well as some prior judicial rulings they dislike.
There is no question that Judge Mukasey, a Reagan appointee who served as the Chief Judge for the Southern District of New York before retiring recently, is close to the far right on the judicial spectrum. He undoubtedly holds many legal and political views which most Democrats would find objectionable, perhaps even intolerable. But that will be true of any nominee Bush selects, and it is true of the current Acting Attorney General, Paul Clement, who will remain in place if no nominee is confirmed.
I want to highlight one extremely relevant consideration concerning Judge Mukasey -- the impressive role he played in presiding over the Jose Padilla case in its earliest stages. After Padilla was first detained in April 2002 and declared an "enemy combatant," he was held incommunicado, denied all access to the outside the world, including counsel, and the Bush administration refused to charge him with any crimes. A lawsuit was filed on Padilla's behalf by a New York criminal defense lawyer, Donna Newman, demanding that Padilla be accorded the right to petition for habeas corpus and that, first, he be allowed access to a lawyer. That lawsuit was assigned to Judge Mukasey, which almost certainly made the Bush DOJ happy.
-snip
http://www.salon.com/opinion/greenwald/2007/09/16/mukasey/index.html