The Case Against Mukasey

He might look like a welcome change after Alberto Gonzales, but Mukasey's refusal to disavow the use of torture and excesses of executive power in the war on terror makes him a thoroughly unacceptable choice for attorney general.

Scott Lemieux
American Prospect

The nomination of Michael Mukasey to the post of attorney general presents a difficult problem for those concerned with the lawless behavior of the Bush administration. Mukasey has received significant support from Democrats; indeed, New York Senator Charles Shumer has said "I don't know of a single Democrat (on the panel) inclined not to support him."

Progressives should not be under any illusion that George Bush will nominate an acceptable choice for attorney general. However, in light of Mukasey's performance under questioning, the Senate should reject his nomination. In particular, his refusal to reject arbitrary executive power and torture by the American government should mean that Democrats cannot add their support to his nomination.

The usual caveats about conservative candidates certainly apply. As Emily Bazelon pointed out at Slate, Mukasey's record as a judge raises concerns about his record on civil rights. This includes, for example, his disturbing treatment of a gender discrimination case while he was a federal judge in New York: He threw out a woman's claim, was reversed by the 2nd Circuit Court of Appeals, and then threw out a jury verdict in her favor (and was once again reversed by the 2nd Circuit.) The Department of Justice under Mukasey is likely to keep trying to push the law in the directions suggested by the Supreme Court's narrow reading of civil rights law in the Ledbetter case, and will reflect statist conservative priorities in other areas as well.

(Continued here.)