Michael B. Mukasey
Encyclopedia
Michael Bernard Mukasey
(icon;
born July 28, 1941)
is a lawyer and former judge who served as the 81st Attorney General of the United States. Mukasey, an American lawyer, was appointed following the resignation of Alberto Gonzales
. Mukasey also served for 18 years as a judge
of the United States District Court for the Southern District of New York
, six of those years as Chief Judge. He is the recipient of several awards, most notably the Learned Hand
Medal of the Federal Bar Council
. Mukasey was the second Jewish
U.S. Attorney General. Mukasey is a partner at the international law firm Debevoise & Plimpton
.
(modern-day Belarus
) and emigrated to the U.S. in 1921.
Michael Mukasey was born in the Bronx in 1941.
Mukasey graduated in 1959 from the Ramaz School
, a Modern Orthodox Jewish
prep school
in Manhattan
. His wife, Susan, was later a teacher and headmistress of the lower school at Ramaz, and both of their children (Marc and Jessica) attended the school.
As an undergraduate student, Mukasey was the editorials editor of the Columbia Daily Spectator
at Columbia University
, where he received his B.A.
in 1963. At Yale Law School
he received his LL.B. in 1967. Mukasey practiced law for 20 years in New York City, serving for four years as an Assistant U.S. Attorney in the U.S. Attorney's Office for the Southern District of New York
in which he worked with Rudolph Giuliani. In 1976, he joined the New York law firm of Patterson Belknap Webb & Tyler, to which he returned after retirement from the U.S. District Court.
Mukasey began teaching at Columbia Law School
in the Spring of 1993 and has taught there every spring semester since.
Mukasey's son Marc L. Mukasey, as of 2007, leads the white-collar criminal defense practice in the New York office of Bracewell & Giuliani
. The Mukaseys have a professional relationship with Rudy Giuliani; Mukasey and son were also justice advisers to Rudy Giuliani's presidential campaign.
Mukasey administered the oath of office to Mayor-elect Giuliani in 1994 and 1998.
by President
Ronald Reagan
; he took the bench in 1988. He served in that position for 18 years, including tenure as Chief Judge
from March 2000 through July 2006.
During his tenure on the bench, Mukasey presided over the criminal prosecution of Omar Abdel Rahman and El Sayyid Nosair
, whom he sentenced to life in prison for a plot to blow up the United Nations
and other Manhattan landmarks uncovered during an investigation into the 1993 World Trade Center bombing. During that case, Mukasey spoke out against leaks by law enforcement officials regarding the facts of the case allegedly aimed at prejudicing potential jurors against the defendants.
Mukasey also heard the trial of Jose Padilla
, ruling that the U.S. citizen and alleged terrorist could be held as an enemy combatant
but was entitled to see his lawyers. Mukasey also was the judge in the litigation between developer Larry Silverstein
and several insurance
companies arising from the destruction of the World Trade Center
. In a 2003 suit, he issued a preliminary injunction preventing the Motion Picture Association of America
from enforcing its ban against the distribution of screener
copies of films during awards season, ruling that the ban was likely an unlawful restraint of trade
unfair to independent film
makers.
In June 2003, Democratic
New York Senator Charles Schumer
submitted Mukasey's name, along with four other Republicans
or Republican appointees, as a suggestion for Bush to consider for nomination to the Supreme Court.
On October 14, 2004, citing U.S. Supreme Court precedent, Mukasey reversed his September 2002 decision and dismissed a case in which plaintiffs in twenty consolidated actions sued the Italian insurance company Generali S.p.A. (Generali), seeking damages for nonpayment of insurance proceeds to beneficiaries of policies purchased by Holocaust victims before the end of World War II. In so ruling, Mukasey gave deference to "a federal executive branch policy favoring voluntary resolution of Holocaust-era insurance claims."
. Mukasey's retirement took effect on September 9, 2006. On September 12, 2006, Patterson Belknap Webb & Tyler
announced that Mukasey had rejoined the firm as a partner.
On the March 18, 2007, episode of Meet the Press
, Schumer suggested Mukasey as a potential Attorney General nominee who, "by [his] reputation and career, shows that [he] put rule of law first."
Since retiring from the bench, Mukasey made campaign contributions to Giuliani for president
and Joe Lieberman
for Senate. Mukasey was also listed on the Giuliani campaign's Justice Advisory Committee.
; the piece also expressed doubt that the FBI engaged in racial profiling
of Arabs and criticized the American Library Association
for condemning the Patriot Act but not taking a position on librarians imprisoned in Cuba
.
On August 22, 2007, the Wall Street Journal published Mukasey's op-ed
, prompted by the resolution of the Padilla prosecution, in which he argued that "current institutions and statutes are not well suited to even the limited task of supplementing . . . a military effort to combat Islamic terrorism." Mukasey instead advocated for Congress
, which "has the constitutional authority to establish additional inferior courts", to "turn [its] considerable talents to deliberating how to fix a strained and mismatched legal system."
as the Attorney General.
He was nominated by the President on September 17, 2007. At his nomination press conference with the President, Mukasey stated, "The task of helping to protect our security, which the Justice Department shares with the rest of our government, is not the only task before us. The Justice Department must also protect the safety of our children, the commerce that assures our prosperity, and the rights and liberties that define us as a nation."
White House spokeswoman Dana Perino
said on September 18 that the administration desired the Mukasey nomination be confirmed by October 8, 2007. She cited past prompt confirmations of attorneys general. Senator Patrick Leahy
, the Democratic Chairman of the Senate Judiciary Committee
, said that Mukasey would commit to an administrative rule to ensure that only the Attorney General or Deputy Attorney General, not U.S. Attorneys or other Justice employees, could respond to inquiries from politicians regarding outstanding cases, and that any other employee who discusses cases "with somebody outside, whether from the White House or members of Congress or something else like that, they will be fired"; this concession sought to avoid problems that arose during the controversy over the dismissal of U.S. Attorneys
under the previous Attorney General's tenure.
On October 2, 2007 Mukasey's written response to a pre-hearing Senate Judiciary Committee questionnaire was received by the committee, and published. Leahy replied the next day by letter proposing to meet individually on October 16, to discuss numerous issues on which the White House has declined to respond; the letter outlined issues and commitments Leahy desires from the nominee. On November 6 the Senate Judiciary Committee endorsed the nomination of Mukasey, by a 11 to 8 vote, and sent his confirmation on to the full Senate. Two days later, the Senate confirmed Mukasey by a 53–40 vote. The tight vote was the narrowest margin to confirm an attorney general in more than 50 years.
Mukasey was sworn in at a private ceremony on November 9, 2007.
of Connecticut, Joseph Biden of Delaware, John Kerry
of Massachusetts, Edward Kennedy
of Massachusetts and Bernie Sanders
of Vermont – had announced their intention to vote against Mukasey's confirmation due to concerns about his stance on torture.
Senator Leahy announced on October 31, 2007 that a committee vote on the nomination was scheduled for Tuesday, November 6.
The announcement came a day after Mukasey replied via letter to the committee, to questions and requests for clarification. Leahy and the other nine Democratic committee members had indicated the week before, via letter, to Mukasey that they were "deeply troubled by your refusal to state unequivocally that waterboarding
is illegal during your confirmation hearing..." By holding an unusual Oval Office
meeting with journalists on November 1, 2007, Bush signaled his concern that the nomination, which was previously judged to be a sure bet, was in peril, primarily over what is and is not considered illegal torture. Mukasey has refused to state an unequivocal legal position on the interrogation technique known as waterboarding (in which water is poured over a rag on the prisoner's face to simulate drowning), and it appears that he was concerned about the potential pursuit of government employees or agents, and their authorizing superiors in American or foreign courts under criminal charges, when responding to the Senate Judiciary committee questions.
In describing the issue's challenges to the Bush administration, the New York Times quoted Scott L. Silliman, director of the Center on Law, Ethics and National Security at Duke University
as saying about such court cases, which could ultimately reach the president: "You would ask not just who carried it out, but who specifically approved it." Robert M. Chesney
, of Wake Forest University
School of Law, and other national security specialists have pointed out that prosecution within the United States, would be impeded by laws adopted since 2005 which permit safe-harbor protections to interrogators for governmentally authorized actions. It is believed that secret Justice Department legal opinions approved waterboarding, and other harsh interrogation techniques.
In 2009, legal ethics
complaints were filed against Mukaskey and other Bush administration attorneys for their roles in advocating for torture.
, as confirmed by Tony Fratto
, a presidential spokesperson. Mukasey and Giuliani have been friends since working at the same law firm in the early 1970s. Mukasey has pledged to recuse himself from cases involving Giuliani. Newspaper reports assumed that Mukasey will further recuse himself from cases involving Bernard Kerik
, a former New York City police commissioner under Giuliani, who is under federal investigation for bribery and other offenses. However, neither presidential spokespersons nor Mukasey returned reporters' inquiries into whether Mukasey would recuse himself from the Kerik case.
During Giuliani's 2008 presidential campaign
, Mukasey's son, Marc, was assigned by Giuliani's campaign to block Kerik's legal defense team from interviewing witnesses that might assist his defense in an attempt to protect Giuliani from the Kerik case.
amended the Federal Sentencing Guidelines
to equalize the penalties for the possession and trafficking of powder cocaine
and crack cocaine
, citing racial disparity
and the unfairness of the 100-1 crack-powder penalty threshold ratio. Michael Mukasey, in the Attorney General's capacity, vehemently opposed and testified against this change, warning that thousands of violent crack criminals may be released under the guidelines and endanger the community
. Mukasey's move was criticized by advocates of elimination of crack-powder disparity.
s.
between Americans and suspected foreign terrorists without court authorization, and implied that the government might have been able to prevent the attacks of September 11, 2001 if it had been able to wiretap a specific call to the U.S. from Afghanistan
. Before September 11, 2001, Mukasey said, "We knew that there had been a call from someplace that was known to be a safe house in Afghanistan, and we knew that it came to the United States. We didn't know precisely where it went." He paused, seemed to stifle tears or at least suppress emotion, then continued, "You've got 3,000 people who went to work that day, and didn't come home, to show for that." In a subsequent letter to Mukasey, House Judiciary Committee Chairman John Conyers
questioned whether any such phone call had ever actually occurred and, if so, why the government hadn't been able to use its then-existing legal authority and technological capabilities to monitor it.
, Mukasey had "a fainting spell" caused by a late-night speech given under hot stage lights. Mukasey was rushed to the hospital and released the next day after tests ruled out a stroke or heart attack. Doctors characterized him as "very fit."
(icon;
born July 28, 1941)
is a lawyer and former judge who served as the 81st Attorney General of the United States. Mukasey, an American lawyer, was appointed following the resignation of Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
. Mukasey also served for 18 years as a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the United States District Court for the Southern District of New York
United States District Court for the Southern District of New York
The United States District Court for the Southern District of New York is a federal district court. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit The United States District Court for the Southern District of New York (in case...
, six of those years as Chief Judge. He is the recipient of several awards, most notably the Learned Hand
Learned Hand
Billings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
Medal of the Federal Bar Council
Federal Bar Council
The Federal Bar Council is an organization of lawyers who practice in federal courts within the Second Circuit. It is dedicated to promoting excellence in federal practice and fellowship among federal practitioners...
. Mukasey was the second Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
U.S. Attorney General. Mukasey is a partner at the international law firm Debevoise & Plimpton
Debevoise & Plimpton
Debevoise & Plimpton LLP is a prominent international law firm based in New York City. Founded in 1931 by Eli Whitney Debevoise and William Stevenson, Debevoise has been a long established leader in corporate litigation and large financial transactions. In recent years, its practice has taken on an...
.
Personal background
Michael Mukasey's father was born near Baranavichy in the Russian EmpireRussian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
(modern-day Belarus
Belarus
Belarus , officially the Republic of Belarus, is a landlocked country in Eastern Europe, bordered clockwise by Russia to the northeast, Ukraine to the south, Poland to the west, and Lithuania and Latvia to the northwest. Its capital is Minsk; other major cities include Brest, Grodno , Gomel ,...
) and emigrated to the U.S. in 1921.
Michael Mukasey was born in the Bronx in 1941.
Mukasey graduated in 1959 from the Ramaz School
Ramaz School
The Ramaz School is a coeducational, private Modern Orthodox Jewish prep school located on the Upper East Side of the New York City borough of Manhattan. It consists of a lower school , a middle school , and an upper school .The Ramaz Upper School is a college preparatory school...
, a Modern Orthodox Jewish
Modern Orthodox Judaism
Modern Orthodox Judaism is a movement within Orthodox Judaism that attempts to synthesize Jewish values and the observance of Jewish law, with the secular, modern world....
prep school
University-preparatory school
A university-preparatory school or college-preparatory school is a secondary school, usually private, designed to prepare students for a college or university education...
in Manhattan
Manhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
. His wife, Susan, was later a teacher and headmistress of the lower school at Ramaz, and both of their children (Marc and Jessica) attended the school.
As an undergraduate student, Mukasey was the editorials editor of the Columbia Daily Spectator
Columbia Daily Spectator
Columbia Daily Spectator is the daily student newspaper of Columbia University. It is published at 112th and Broadway in New York, New York. Founded in 1877, it is the oldest continuously operating college news daily in the nation after The Harvard Crimson, and has been legally independent of the...
at Columbia University
Columbia College of Columbia University
Columbia College is the oldest undergraduate college at Columbia University, situated on the university's main campus in Morningside Heights in the borough of Manhattan in New York City. It was founded in 1754 by the Church of England as King's College, receiving a Royal Charter from King George II...
, where he received his B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1963. At Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
he received his LL.B. in 1967. Mukasey practiced law for 20 years in New York City, serving for four years as an Assistant U.S. Attorney in the U.S. Attorney's Office for the Southern District of New York
U.S. Attorney for the Southern District of New York
The U.S. Attorney for the Southern District of New York is the chief federal law enforcement officer in eight New York counties: New York , Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. Preet Bharara, who was appointed by Barack Obama in 2009 is the U.S. Attorney for the...
in which he worked with Rudolph Giuliani. In 1976, he joined the New York law firm of Patterson Belknap Webb & Tyler, to which he returned after retirement from the U.S. District Court.
Mukasey began teaching at Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
in the Spring of 1993 and has taught there every spring semester since.
Mukasey's son Marc L. Mukasey, as of 2007, leads the white-collar criminal defense practice in the New York office of Bracewell & Giuliani
Bracewell & Giuliani
Bracewell & Giuliani LLP is an international law firm based in Houston, Texas, that began in 1945. The firm has over 470 lawyers, and has United States offices in New York, Washington, D.C., Hartford, San Antonio, Seattle, Dallas, and Austin, and overseas offices in Dubai, and London...
. The Mukaseys have a professional relationship with Rudy Giuliani; Mukasey and son were also justice advisers to Rudy Giuliani's presidential campaign.
Mukasey administered the oath of office to Mayor-elect Giuliani in 1994 and 1998.
Judicial career
In 1987, Mukasey was nominated as a federal district judge for the Southern District of New York in ManhattanManhattan
Manhattan is the oldest and the most densely populated of the five boroughs of New York City. Located primarily on the island of Manhattan at the mouth of the Hudson River, the boundaries of the borough are identical to those of New York County, an original county of the state of New York...
by President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
; he took the bench in 1988. He served in that position for 18 years, including tenure as Chief Judge
Chief judge
Chief Judge is a title that can refer to the highest-ranking judge of a court that has more than one judge. The meaning and usage of the term vary from one court system to another...
from March 2000 through July 2006.
During his tenure on the bench, Mukasey presided over the criminal prosecution of Omar Abdel Rahman and El Sayyid Nosair
El Sayyid Nosair
El Sayyid Nosair is an Egyptian-born American citizen, convicted of involvement in the 1993 World Trade Center bombing...
, whom he sentenced to life in prison for a plot to blow up the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and other Manhattan landmarks uncovered during an investigation into the 1993 World Trade Center bombing. During that case, Mukasey spoke out against leaks by law enforcement officials regarding the facts of the case allegedly aimed at prejudicing potential jurors against the defendants.
Mukasey also heard the trial of Jose Padilla
José Padilla (alleged terrorist)
José Padilla , also known as Abdullah al-Muhajir or Muhajir Abdullah, is a United States citizen convicted of aiding terrorists....
, ruling that the U.S. citizen and alleged terrorist could be held as an enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
but was entitled to see his lawyers. Mukasey also was the judge in the litigation between developer Larry Silverstein
Larry Silverstein
Larry A. Silverstein is an American businessman, and real estate investor and developer in New York City.Silverstein was born in Brooklyn, and became involved in real estate, together with his father, establishing Silverstein Properties...
and several insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
companies arising from the destruction of the World Trade Center
World Trade Center
The original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
. In a 2003 suit, he issued a preliminary injunction preventing the Motion Picture Association of America
Motion Picture Association of America
The Motion Picture Association of America, Inc. , originally the Motion Picture Producers and Distributors of America , was founded in 1922 and is designed to advance the business interests of its members...
from enforcing its ban against the distribution of screener
Screener
A screener is an advance screening of a film sent to critics, awards voters, video stores , and other film industry professionals, including producers and distributors. A screener often has no post-processing....
copies of films during awards season, ruling that the ban was likely an unlawful restraint of trade
Trade
Trade is the transfer of ownership of goods and services from one person or entity to another. Trade is sometimes loosely called commerce or financial transaction or barter. A network that allows trade is called a market. The original form of trade was barter, the direct exchange of goods and...
unfair to independent film
Independent film
An independent film, or indie film, is a professional film production resulting in a feature film that is produced mostly or completely outside of the major film studio system. In addition to being produced and distributed by independent entertainment companies, independent films are also produced...
makers.
In June 2003, Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
New York Senator Charles Schumer
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
submitted Mukasey's name, along with four other Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
or Republican appointees, as a suggestion for Bush to consider for nomination to the Supreme Court.
On October 14, 2004, citing U.S. Supreme Court precedent, Mukasey reversed his September 2002 decision and dismissed a case in which plaintiffs in twenty consolidated actions sued the Italian insurance company Generali S.p.A. (Generali), seeking damages for nonpayment of insurance proceeds to beneficiaries of policies purchased by Holocaust victims before the end of World War II. In so ruling, Mukasey gave deference to "a federal executive branch policy favoring voluntary resolution of Holocaust-era insurance claims."
Retirement
Although Article III of the U.S. Constitution entitles district court judges to hold their judicial appointments for life, in June 2006 Mukasey announced that he would retire as a judge and return to private practice at the end of the summer. On August 1, 2006, he was succeeded as Chief Judge of the Southern District by Judge Kimba WoodKimba Wood
Kimba Maureen Wood is a United States federal judge for the United States District Court for the Southern District of New York.-Early life and education:...
. Mukasey's retirement took effect on September 9, 2006. On September 12, 2006, Patterson Belknap Webb & Tyler
Patterson Belknap Webb & Tyler
Patterson Belknap Webb & Tyler LLP , founded in 1919, is a law firm headquartered in New York City.-Notable alumni:*Attorney General of the United States and former federal judge Michael B...
announced that Mukasey had rejoined the firm as a partner.
On the March 18, 2007, episode of Meet the Press
Meet the Press
Meet the Press is a weekly American television news/interview program produced by NBC. It is the longest-running television series in American broadcasting history, despite bearing little resemblance to the original format of the program seen in its television debut on November 6, 1947. It has been...
, Schumer suggested Mukasey as a potential Attorney General nominee who, "by [his] reputation and career, shows that [he] put rule of law first."
Since retiring from the bench, Mukasey made campaign contributions to Giuliani for president
Rudy Giuliani presidential campaign, 2008
Rudy Giuliani’s 2008 presidential campaign began following the formation of the Draft Giuliani movement in October 2005. The next year, Giuliani opened an exploratory committee and formally announced in February 2007 that he was actively seeking the presidential nomination of the Republican...
and Joe Lieberman
Joe Lieberman
Joseph Isadore "Joe" Lieberman is the senior United States Senator from Connecticut. A former member of the Democratic Party, he was the party's nominee for Vice President in the 2000 election. Currently an independent, he remains closely affiliated with the party.Born in Stamford, Connecticut,...
for Senate. Mukasey was also listed on the Giuliani campaign's Justice Advisory Committee.
Extrajudicial opinions on law and terrorism
In May 2004, while still a member of the judiciary, Judge Mukasey delivered a speech (which he converted into a Wall Street Journal opinion piece) that defended the USA PATRIOT ActUSA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
; the piece also expressed doubt that the FBI engaged in racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
of Arabs and criticized the American Library Association
American Library Association
The American Library Association is a non-profit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world, with more than 62,000 members....
for condemning the Patriot Act but not taking a position on librarians imprisoned in Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
.
On August 22, 2007, the Wall Street Journal published Mukasey's op-ed
Op-ed
An op-ed, abbreviated from opposite the editorial page , is a newspaper article that expresses the opinions of a named writer who is usually unaffiliated with the newspaper's editorial board...
, prompted by the resolution of the Padilla prosecution, in which he argued that "current institutions and statutes are not well suited to even the limited task of supplementing . . . a military effort to combat Islamic terrorism." Mukasey instead advocated for Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
, which "has the constitutional authority to establish additional inferior courts", to "turn [its] considerable talents to deliberating how to fix a strained and mismatched legal system."
U.S. Attorney General
On September 16, 2007, various publications reported that Mukasey accepted Bush's offer to replace Alberto GonzalesAlberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
as the Attorney General.
He was nominated by the President on September 17, 2007. At his nomination press conference with the President, Mukasey stated, "The task of helping to protect our security, which the Justice Department shares with the rest of our government, is not the only task before us. The Justice Department must also protect the safety of our children, the commerce that assures our prosperity, and the rights and liberties that define us as a nation."
White House spokeswoman Dana Perino
Dana Perino
Dana Maria Perino is an American political commentator for Fox News. She served as the White House Press Secretary for President George W. Bush from September 14, 2007 to January 20, 2009...
said on September 18 that the administration desired the Mukasey nomination be confirmed by October 8, 2007. She cited past prompt confirmations of attorneys general. Senator Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
, the Democratic Chairman of the Senate Judiciary Committee
United States Senate Committee on the Judiciary
The United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
, said that Mukasey would commit to an administrative rule to ensure that only the Attorney General or Deputy Attorney General, not U.S. Attorneys or other Justice employees, could respond to inquiries from politicians regarding outstanding cases, and that any other employee who discusses cases "with somebody outside, whether from the White House or members of Congress or something else like that, they will be fired"; this concession sought to avoid problems that arose during the controversy over the dismissal of U.S. Attorneys
Dismissal of U.S. attorneys controversy
The dismissal of U.S. Attorneys controversy was initiated by the unprecedented midterm dismissal of seven United States Attorneys on December 7, 2006 by the George W. Bush administration's Department of Justice. Congressional investigations focused on whether the Department of Justice and the White...
under the previous Attorney General's tenure.
Mukasey was sworn in at a private ceremony on November 9, 2007.
Stance on torture
As of November 1, 2007 five senators – Christopher DoddChristopher Dodd
Christopher John "Chris" Dodd is an American lawyer, lobbyist, and Democratic Party politician who served as a United States Senator from Connecticut for a thirty-year period ending with the 111th United States Congress....
of Connecticut, Joseph Biden of Delaware, John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
of Massachusetts, Edward Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
of Massachusetts and Bernie Sanders
Bernie Sanders
Bernard "Bernie" Sanders is the junior United States Senator from Vermont. He previously represented Vermont's at-large district in the United States House of Representatives...
of Vermont – had announced their intention to vote against Mukasey's confirmation due to concerns about his stance on torture.
Senator Leahy announced on October 31, 2007 that a committee vote on the nomination was scheduled for Tuesday, November 6.
The announcement came a day after Mukasey replied via letter to the committee, to questions and requests for clarification. Leahy and the other nine Democratic committee members had indicated the week before, via letter, to Mukasey that they were "deeply troubled by your refusal to state unequivocally that waterboarding
Waterboarding
Waterboarding is a form of torture in which water is poured over the face of an immobilized captive, thus causing the individual to experience the sensation of drowning...
is illegal during your confirmation hearing..." By holding an unusual Oval Office
Oval Office
The Oval Office, located in the West Wing of the White House, is the official office of the President of the United States.The room features three large south-facing windows behind the president's desk, and a fireplace at the north end...
meeting with journalists on November 1, 2007, Bush signaled his concern that the nomination, which was previously judged to be a sure bet, was in peril, primarily over what is and is not considered illegal torture. Mukasey has refused to state an unequivocal legal position on the interrogation technique known as waterboarding (in which water is poured over a rag on the prisoner's face to simulate drowning), and it appears that he was concerned about the potential pursuit of government employees or agents, and their authorizing superiors in American or foreign courts under criminal charges, when responding to the Senate Judiciary committee questions.
In describing the issue's challenges to the Bush administration, the New York Times quoted Scott L. Silliman, director of the Center on Law, Ethics and National Security at Duke University
Duke University
Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
as saying about such court cases, which could ultimately reach the president: "You would ask not just who carried it out, but who specifically approved it." Robert M. Chesney
Robert M. Chesney
Robert M. Chesney is an American lawyer and Professor of law at The University of Texas School of Law.He is also a fellow at the Brookings Institute....
, of Wake Forest University
Wake Forest University
Wake Forest University is a private, coeducational university in the U.S. state of North Carolina, founded in 1834. The university received its name from its original location in Wake Forest, north of Raleigh, North Carolina, the state capital. The Reynolda Campus, the university's main campus, is...
School of Law, and other national security specialists have pointed out that prosecution within the United States, would be impeded by laws adopted since 2005 which permit safe-harbor protections to interrogators for governmentally authorized actions. It is believed that secret Justice Department legal opinions approved waterboarding, and other harsh interrogation techniques.
In 2009, legal ethics
Legal ethics
Legal ethics encompasses an ethical code governing the conduct of persons engaged in the practice of law and persons more generally in the legal sector.-In the United States:...
complaints were filed against Mukaskey and other Bush administration attorneys for their roles in advocating for torture.
Notable issues and comments
Relationship with Rudy Giuliani
Michael Mukasey has a close relationship with former mayor Rudy GiulianiRudy Giuliani
Rudolph William Louis "Rudy" Giuliani KBE is an American lawyer, businessman, and politician from New York. He served as Mayor of New York City from 1994 to 2001....
, as confirmed by Tony Fratto
Tony Fratto
Salvatore Antonio "Tony" Fratto was Deputy Assistant and Deputy Press Secretary to former United States President George W. Bush.-Career:...
, a presidential spokesperson. Mukasey and Giuliani have been friends since working at the same law firm in the early 1970s. Mukasey has pledged to recuse himself from cases involving Giuliani. Newspaper reports assumed that Mukasey will further recuse himself from cases involving Bernard Kerik
Bernard Kerik
Bernard Bailey "Bernie" Kerik is a former New York City Police Commissioner, Secretary of Homeland Security nominee, and now a federal felon. Kerik was New York City Police Commissioner from 2000 to 2001, under Mayor Rudy Giuliani. In December 2004, President George W. Bush nominated Kerik as...
, a former New York City police commissioner under Giuliani, who is under federal investigation for bribery and other offenses. However, neither presidential spokespersons nor Mukasey returned reporters' inquiries into whether Mukasey would recuse himself from the Kerik case.
During Giuliani's 2008 presidential campaign
Rudy Giuliani presidential campaign, 2008
Rudy Giuliani’s 2008 presidential campaign began following the formation of the Draft Giuliani movement in October 2005. The next year, Giuliani opened an exploratory committee and formally announced in February 2007 that he was actively seeking the presidential nomination of the Republican...
, Mukasey's son, Marc, was assigned by Giuliani's campaign to block Kerik's legal defense team from interviewing witnesses that might assist his defense in an attempt to protect Giuliani from the Kerik case.
Crack cocaine stance
In 2007 the United States Sentencing CommissionUnited States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
amended the Federal Sentencing Guidelines
Federal Sentencing Guidelines
The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors in the United States federal courts system...
to equalize the penalties for the possession and trafficking of powder cocaine
Cocaine
Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic...
and crack cocaine
Crack cocaine
Crack cocaine is the freebase form of cocaine that can be smoked. It may also be termed rock, hard, iron, cavvy, base, or just crack; it is the most addictive form of cocaine. Crack rocks offer a short but intense high to smokers...
, citing racial disparity
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
and the unfairness of the 100-1 crack-powder penalty threshold ratio. Michael Mukasey, in the Attorney General's capacity, vehemently opposed and testified against this change, warning that thousands of violent crack criminals may be released under the guidelines and endanger the community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
. Mukasey's move was criticized by advocates of elimination of crack-powder disparity.
Remarks about 9/11 terrorist punishment
Speaking in London on March 14, 2008, Mukasey said that he hopes the detainees currently charged with participating in the September 11, 2001 attacks aren't executed if found guilty in order to avoid creating any martyrMartyr
A martyr is somebody who suffers persecution and death for refusing to renounce, or accept, a belief or cause, usually religious.-Meaning:...
s.
Remarks about pre-9/11 terrorist phone call
Speaking in San Francisco to the California Commonwealth Club on March 27, 2008, Mukasey defended President Bush's program of wiretapping callsNSA warrantless surveillance controversy
The NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
between Americans and suspected foreign terrorists without court authorization, and implied that the government might have been able to prevent the attacks of September 11, 2001 if it had been able to wiretap a specific call to the U.S. from Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
. Before September 11, 2001, Mukasey said, "We knew that there had been a call from someplace that was known to be a safe house in Afghanistan, and we knew that it came to the United States. We didn't know precisely where it went." He paused, seemed to stifle tears or at least suppress emotion, then continued, "You've got 3,000 people who went to work that day, and didn't come home, to show for that." In a subsequent letter to Mukasey, House Judiciary Committee Chairman John Conyers
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
questioned whether any such phone call had ever actually occurred and, if so, why the government hadn't been able to use its then-existing legal authority and technological capabilities to monitor it.
Violations of the law are not always crimes
On August 12, 2008 Mukasey told American Bar Association annual meeting delegates that "not every wrong, or even every violation of the law, is a crime", with "only violations of the civil service laws" being found among hiring practices during Gonzales' tenure as Attorney General.Health issues
In November 2008, during a speech to the Federalist SocietyFederalist Society
The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, is an organization of conservatives seeking reform of the current American legal system in accordance with a textualist and/or originalist interpretation of the U.S. Constitution...
, Mukasey had "a fainting spell" caused by a late-night speech given under hot stage lights. Mukasey was rushed to the hospital and released the next day after tests ruled out a stroke or heart attack. Doctors characterized him as "very fit."
External links
- Questionnaire for Michael B. Mukasey, Attorney General Nominee
- Balancing Democracy, Justice, and Security November 2009 speech at the American University of ParisAmerican University of ParisThe American University of Paris is a private, independent, and accredited liberal arts and sciences university in Paris, France. Founded in 1962, the university is one of the oldest American institutions of higher education in Europe...
(with video)