The Nation's Top Cop

By U.S. Senator Jon Kyl The president recently nominated Judge Michael B. Mukasey to become the nation's 81st attorney general. Judge Mukasey has devoted more than 22 years to public service, four as a federal prosecutor and more than 18 as a federal district court judge (including six as chief judge) for the Southern District of New York, one of the most prominent federal district courts in the United States. During his tenure on the bench, Judge Mukasey handled some of the most challenging cases in recent history. In 1995, he presided over the terrorism trial of the "blind Sheik" Omar Abdel Rahman and nine other defendants accused of plotting terrorist attacks on various sites in New York City. Rahman was also one of the terrorist masterminds of the 1993 World Trade Center bombing. While presiding over the case of Jose Padilla an American citizen who was later convicted of, among other things, conspiring to provide material support to al Qaeda Mukasey issued key rulings that helped set judicial precedent in the war against terrorists. And in the wake of September 11, 2001, he presided over the difficult litigation of World Trade Center-related insurance claims. During these cases and throughout his career, Judge Mukasey's knowledge, integrity, and consummate fairness have won him the respect of his colleagues, the attorneys who appeared before him, and many others. In upholding the verdicts of the 1995 terrorism case, the U.S. Court of Appeals for the Second Circuit in an unusual public commendation praised Mukasey's "extraordinary skill and patience, assuring fairness to the prosecution and to each defendant and helpfulness to the jury." Judge Mukasey's career has been characterized above all by his commitment to upholding the rule of law. He has never served in a political role, and his nomination should be considered above the partisan fray. According to the Justice Department's mission statement, the attorney general's first allegiance should be to "the fair and impartial administration of justice for all Americans," not to any individual or political party. Indeed, Judge Mukasey's reputation for fairness and impartiality is so well-known and respected that Democratic Senator Chuck Schumer even recommended him to be a Supreme Court justice. It's unfortunate, however, that despite the nonpolitical character of Mukasey's nomination, some Democrats may attempt to hold his nomination hostage in exchange for documents related to the firing of U.S. attorneys. Leaving aside the fact that Congress has no right to these documents, which are covered by executive privilege, Judge Mukasey's nomination has nothing to do with the firing of these U.S. attorneys. The president has nominated a distinguished and nonpolitical candidate, and I believe the U.S. Senate can reciprocate by using the confirmation process not to settle old scores or politicize the nomination, but to examine the qualifications of the nominee fairly. Since the Carter administration, attorney general nominees have been confirmed, on average, in approximately three weeks, with some being confirmed even more quickly. The Senate should immediately move to consider Judge Mukasey's nomination and ensure he is confirmed before Columbus Day. The Justice Department needs an attorney general with the foresight, experience, and resolve to lead the nation's top law enforcement agency and tackle the difficult challenges presented by the post-9/11 world. I believe the qualities and background of Judge Michael Mukasey, combined with his extensive experience in national security and terrorism cases, commends him to serve as attorney general in these troubled times.