As I wrote here, Judge Mukasey has publicly stated his support for the Patriot Act and his belief that it's no big deal to use sneak and peek warrants and roving wiretaps in terror cases since they are already approved for drug cases. He has an expansive view of FISA, criticized the sunset provisions of the Patriot Act and he believes citizens should give the Government the benefit of the doubt.
That being said, anyone Bush picks for AG is going to be a conservative. Mukasey has bucked the Government in several cases, and I've found nothing to suggest he will be the Administration's water boy. Mukasey is a far better pick than Ted Olson or, for that matter, a career prosecutor who grew up under Ashcroft and Gonzales. While he's been politically supportive of his pal Giuliani and Joe Lieberman, it sounds like he's more interested in law than politics. That's what the Justice Department needs right now.
One more note: I think Mukasey may be good for the civil rights division.
Gonzales transformed the Division into one protecting against what he called religious discrimination (and the rest of us call the separation of church and state.)
As a non-Christian (Mukasey is an Orthodox Jew, see here as well,) I'm optimistic he may restore the Civil Rights Division to its former and intended mission.
Let's get Judge Mukasey confirmed before Bush comes up with someone terrible. It's not the AG's job to design warrantless wiretapping programs or do anything other than comply with the Patriot Act that Congress stupidly passed -- twice.
It's Congress' job to enact restrictions on warrantless wiretaping under and outside of FISA. It's Congress's job to roll back the patriot act and Fisa enhancements the Dems cowered on right before the August Recess. Judge Makasey will look at the laws handed to him by Congress and enforce the ones he believes are legal.
Should Congress and Mukcasey disagree, we always have the courts to serve as an arbiter of last resort.
Much of Mukasey's job will be adminstrative in terms of attending to managerial issues of DOJ.
If I were a nominee going into that ocnfirmation hearing, I'd be the one asking the quesitons: I'd wnat to know all the details of these secret plans so I could give my absolute assurance I would go along with them. If I saw problems up front, I'd want to have a chat about them where I could express my reservations.
I think the Dems should confirm him. He's qualified and independent and familiar with how the DOJ operates. That's about as much as we can hope for.
