Add to My Yahoo!
 
 

Conservatives wary of Bush's AG pick
Nick Juliano
Published: Monday September 17, 2007


Print This  Email This
 

In selecting a former federal judge who has broken with the administration in the past as his nominee to replace Attorney General Alberto Gonzales, President Bush seems to be trying to avoid a bruising confirmation hearing with a Democratic Senate, although his choice has rankled some conservatives.

Bush announced Monday morning that he was nominating Michael Mukasey as his next pick for attorney general. Gonzales's last day on the job was Friday.

Senate Majority Leader Harry Reid issued tempered praise of Mukasey immediately after the announcement, although he cautioned the Senate should not "rush to judgement."

“I’m glad President Bush listened to Congress and put aside his plan to replace Alberto Gonzales with another partisan Administration insider. Judge Mukasey has strong professional credentials and a reputation for independence," Reid (D-NV) said in a prepared statement. "A man who spent 18 years on the federal bench surely understands the importance of checks and balances and knows how to say no to the President when he oversteps the Constitution."

Mukasey ruled against the White House in the case of Jose Padilla, an American citizen who Bush declared an enemy combatant, in declaring that Padilla needed to be allowed to consult with a lawyer.

A former Justice Department official, Mukasey said the department faces "vastly different" challenges than it did when he was an assistant US attorney 35 years ago.

Mukasey also serves as a legal adviser to presidential candidate Rudy Giuliani, and he was the judge who administered Giuliani's oath of office when he was elected New York Mayor in 1993, according to the New York Daily News.

In accepting the nomination at the White House, Mukasey invoked the "solemn anniversary" of the Sept. 11, 2001, terrorist attacks as a reminder of the new national security environment the United States finds itself in.

"Thirty-five years ago, our foreign adversaries saw widespread devastation as a deterrent. Today, our fanatical enemies see it as a divine fulfillment," Mukasey said. "But the task of helping to protect our security, which the Justice Department shares with the rest of the government, is not the only task before us. The Justice Department must also protect ... the rights and liberties that define us as a nation."

Mukasey has been praised prominent Democratic Sen. Charles Schumer of New York, who previously put forward Mukasey's name as a possibility to replace Gonzales in an appearance on NBC's Meet the Press in March.

"The White House has a real chance to clear the air, to restore faith that the rule of law will come first and politics second in the Justice Department, not the other way around, if they nominate somebody who, by their reputation and career, shows that they put rule of law first, a person like a Michael Mukasey," Schumer said. "These are conservative Republicans, but they put the rule of law first. And I hope that's what the White House will do."

Sen. Patrick Leahy, who chairs the Senate Judiciary Committee, indicated that Mukasey would be confirmed, although he held out final judgement until the nominee appears for confrimation hearings.

“The next Attorney General needs to be someone who can begin the process of restoring the Department of Justice to its proper mission," Leahy (D-VT) in a news release. "I am hopeful that once we obtain the information we need and we have had the opportunity to consider the nomination, we will be able to make progress in this regard.”

Although Mukasey seems likely to be confirmed by the Senate, his nomination has rankled some right-wing groups who are wary that he is not a stalwart conservative.

"His federal judicial record has been at times hostile to the issues that we care and have concern about, like abortion," Brian Burch, president of the Catholic-based advocacy group Fidelis told the Associated Press.

Developing...