Mukasey's Confirmation Will be a Disaster
Chuck Schumer and Dianne Feinstein's endorsement of Michael Mukasey is stunning.
There are more reasons to reject Michael Mukasey's nomination than his evasive answers on waterboarding and unconstitutional expansive views of federal power. Years ago, Michael Mukasey defended the indefensible when his friend, Rudolph Giuliani, then a prosecutor, began subpoenaing defense lawyers before grand juries.
It was one of the more substantial overreaches of the Giuliani years. And it is of particular relevance in today's criminal cases that bear the terrorism label -- a brand of cases where the government's failure rate today is very high. It can be aimed at the country's best defense lawyers and those lawyers that defend detainee, rendition and terrorism cases.
Giuliani attempted, and Mukasey defended, the subpoenaing of defense lawyers to learn about the relationships between defense lawyers and their clients, between defense lawyers and the payer of the defendants' fees -- a move that certainly would discourage most third parties from contributing to a defendant's fee fund.
Giuliani attempted, and Mukasey defended, subpoenaing the attorneys' work records that would show confidential communication between attorney and client.
As a result of the New York State bar's concern over Mr. Giuliani's activities, on the same day that Mr. Mukasey's article appeared, the New York State Bar Association issued a report designed to curb the freedom of federal prosecutors to subpoena attorneys.
Mukasey's defense came three days after the Massachusetts Bar Association roundly condemned issuing such subpoenas as unethical, improper and unconstitutional.
Because subpoenas aimed at defense attorneys create a wedge between client and counsel, and undermine the right to counsel protected by the Sixth Amendment, the Massachusetts bar sought to stop the arbitrary use of the subpoena power by directing all United States attorneys to get judicial approval before subpoenaing a lawyer. Today, if the federal prosecutor fails to comply with that directive, he can be cited for contempt.
Wrongfully compelling defense attorneys to testify against their clients undermines the entire judicial process. Prosecutors can pick their adversaries by using subpoenas to force attorney after attorney off a case. They can stop defendants from hiring top-flight attorneys. Even though defendants have the presumption of innocence, they and their lawyers come under attack even before the case starts.
Giuliani and Mukasey's response was that the monies used to pay lawyer's fees may be monies obtained by criminal means. Seize the money, they say, and let the court set a reasonable fee for the attorneys. But fees from criminally-obtained monies would only be true in a very few cases and the fees the court would set would be court-appointed fees, meaning defendants would get different caliber lawyers.
Today's attorney general could effectively try that procedure in so-called terrorism cases, a title given to an increasingly broad number of criminal cases.
Mukasey has never defended his disagreement with the only two Bar Associations that have spoken to the issue.
Notwithstanding the Bar Association's condemnation, Mr. Mukasey characterized the entire dispute as a fights between Giuliani and defenders of criminals "who baselessly attack him." His hyperbole -- "In their zeal to attack a prosecutor who is far too effective to suit their tastes . . . " - he totally ignored any and all constitutional arguments.
The Democrats on the Senate Judiciary Committee should be ashamed of themselves. A study of Mr. Mukasey's record, his unique obsessive overspending of $27,000,000 (yes, $27 million) to protect him and his family because he feared criminal attacks shows they never should have been enamored of him. Senator Patrick Leahy's smiling self-satisfied face after his private meeting with Mukasey recalls his smiling self-satisfied face after his meeting with now Chief Justice John Roberts.
The Roberts history is instructive. He, along with two other Democrats on the Senate Judiciary Committee, voted for Roberts. Senator Russ Feingold voted for John Roberts, the nominee for Chief Justice, saying "He will not bring an ideological agenda to position" evokes the language of Senator Charles Schumer's rapturous enforcement of Michael Mukasey. That both Senator Feingold and Senator Leahy were totally incorrect, and that Senator Arlen Spector now suggests Roberts may have misled the Senate, confirms the consistent lack of legal homework on the part of the Senate Judiciary Democrats.
Didn't Leahy ask him questions about presidential power, torture, the unheard of $27 million and the subpoenaing of defense lawyers?
Senator Charles Schumer and Senator Dianne Feinstein's switch to Mukasey's side is inexplicable. How they can live with justifying torture both within the United States and in overseas prisons is incomprehensible.
The Senate Judiciary Committee should recall the old adage: "Fool me once, shame on you, fool me twice, shame on me."
Comments for this post are now closed
Want to reply to a comment? Hint: Click "Reply" at the bottom of the comment; after being approved your comment will appear directly underneath the comment you replied to
Martin, Martin, Martin! When are you going to learn the truth?(I believe you really can't stand the truth) since Senators Feinstein, Schummer,Specter et al see the serious side of Mr. Mukasey! Bill and Hillary, plus Feinstein and others have not amassed the total of 27Million Tax Dollars this lawyer has procured just for himself. With confirmation, each will get an adobe file printout of "how to's" Cordoleone, Gatti, Saprano style of "intense persuasion" techniques. Government jobs at this level are for enrichment purposes only~That's why he'll get the job. Souls are sold daily on the floor of Congress! We have the best government money can buy!
When I awoke this morning, still semi-dreamy, I had a sudden and visceral sensation of what the Mukasey confirmation meant:
I realized, in the pit of my stomach, with a sickening shudder, that my children now stand a much greater chance, within their lifetimes, of suffering torture.
Too late with the fool me once, fool me twice quote. The dem's don't care how many times they get "fooled" for the simple reason they are fools. They are a weak, sorry lot, a shadow of the greatness they displayed for the American people in past decades. The American people know, full well, that they have no hope in the dem. or repub. parties. Why? Because they are all feeding at the same trough. You know, a well-funded, third party is looking better and better to me. I will LISTEN and if I like what I hear, Vote for them. Right now, I am back to Dennis K. for the simple reason he had the BA--- to put old "Dickie" up for impeachment. Thanks Mr. K., you are the best!
The Murkasey nomination and his upcoming short term in office is NOT going to be a disaster. The disaster already happened when George Bush was re-elected in 2004. All that follows from that event is merely deteris.
Ms. Feinstein is right. Murkasey is the best we are going to get from this administration. Murkasey is a lawyer, after all. How can we expect him to answer questions any differently than he did? So, let's just suck it up and move on to 2008.
There are so many other more serious things to complain about from eight years of Bush that it will take historians, not to mention scientists and economists, the rest of this century to describe and figure out their actual effect.
Another thing to worry about if Giuliani were ever to be in office, his old asst. DA for New York, Edward McNally, the attorney for the White House for Homeland Security and Yale Bonesman buddy of George W. McNally is implicated in judicial scandals in Southern Illinois where he was appointed as Federal Judge. He spent many years as the Justice Dept. and as Bush Sr.'s speechwriter. This guy is serious bad news and one of those political appointees who has been around under several administrations, but under the radar. Of the Rand McNally family of Chicago.
If you are disappointed now folks, wait until you see how many other Dems vote for this man's confirmation. What else can we think but complicity in these crimes against our constitution. Get a clue folks. Our nation is seriously on the skids unless we rise up off our couches and start hounding our supposed elected representatives loudly and clearly. They do care about one thing for sure and thatis retaining their seats.
Diane Swinestein is a traitor. Living in San Francisco, I have loathed her faux democratic policies and her abrasive personality for a long time. Maybe Diane should try getting strapped onto one of those benign-sounding "waterboards" to see if it's really torture... or, perhaps, let's put her in one of those witch-dunking contraptions that were used in Salem...sh
The republicans are law-breaking, self-servi
Why this nomination is still being considered by senators sworn to uphold the Constitution after Mukasey argued repeatedly that 'the White House had constitutional authority to act beyond the limits of laws enacted by Congress, especially when it came to national defense' is beyond comprehension.
Mukasey suggested both eavesdropping without warrants and use of “enhanced” interrogation techniques for terrorism suspects, might be acceptable under the Constitution even if they went beyond what the law technically allowed. Mukasey said the president’s authority as commander in chief might allow him to supersede laws written by Congress.
Are we living in Oz? This comes from the mouth of the day-to-day chief of law enforcement! Has separation of powers lost all meaning? Are we so scared we're willing to scrap our rights and political framework for a monarchy..
The Bush-Cheney NANNY STATE FOR THE RICH is
"for THEIR people and by THEIR people".
Mission accomplished: SHOVELING all your Taxpayer dollars into pockets of war & disaster profiteers, Big Oil, corrupt contractors, etc.
STOP knee-jerk voting for FAKE POLITICAL IMAGES created by SMOKE AND MIRRORS publicists.
Disgusting, disgusting, disgusting! Just try getting through to Feinstein (202-224-3841). She, Schumer and any other representative who vote for a person who has repeatedly disqualified himself from a position of law must be replaced in the next election. This ignoring of human rights treaties (Geneva Conventions), the rule of law and our Constitution must be stopped. Shame on them and shame on us all.
Why is the Democratic Congress even thinking about confirming an Attorney General [any Attorney General] when in fact they should be filing criminal charges against the last one; along with Cheney and bush. The Dems should be offering-up legislation aimed at paying for the Cheney/bush war of choice in Iraq. Oh, I know, they can't; they're all busy out there doing their fund raising.
These dem traitors will not be forgotten next time they are challenged. This issue is importent to the people of this country. Even though these politicians find ways to rationalize away thier vote we know what they are doing is wrong.
As a native New Yorker I can honestly say from the bottom of my heart that Rudy made New York City a better place. Yes my parents are from the lower east side. My Father lived on Oliver Street next door to AL SMITH. I lived on James St ( Now part of Chinatown).
Claiming Rudy did not perform miracles in NYC is Dishonest.
John Roberts was perhaps the most impressive person to EVER appear for a confirmation hearing. Roberts made Schumer look like a fool. Which is easy.
Loading comments…
Posted November 5, 2007 | 11:41 AM (EST)