[Congressional Record Volume 153, Number 141 (Friday, September 21, 2007)]
[Senate]
[Pages S11950-S11951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        JUDGE MICHAEL B. MUKASEY

  Mr. KYL. Mr. President, I rise in support of the nomination of Judge 
Michael B. Mukasey to become the Nation' s 81st Attorney General.
  Judge Mukasey has devoted more than 22 years to public service, 4 as 
a Federal prosecutor and more than 18 as a Federal district court judge 
for the Southern District of New York, one of the most prominent 
Federal district courts in the United States. For 6 years he was the 
chief judge.

[[Page S11951]]

  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-Qaida--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 its opinion upholding the verdicts in 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.'' The court added, ``[h]is was an 
outstanding achievement in the face of challenges far beyond those 
normally endured by a trial judge.''
  Judge Mukasey's career has been characterized 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 the senior Senator 
from New York, Senator Schumer, even recommended him to be a Supreme 
Court justice.
  It is 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. The Senate should 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 3 weeks, with some being 
confirmed even more quickly. The Senate should immediately move to 
consider Judge Mukasey's nomination and confirm him 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.

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