[Congressional Record (Bound Edition), Volume 153 (2007), Part 22]
[Senate]
[Pages 30458-30459]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      NOMINATION OF JUDGE MUKASEY

  Mr. MARTINEZ. Mr. President, I rise during a period of morning 
business to talk about two very important topics. For the last 40-some 
days we have been discussing the nomination by President Bush of Judge 
Mukasey to be the next Attorney General. It is a nominee to the 
President's Cabinet.
  First, I believe the President ought to be accorded great deference. 
The President gets to pick the team to work with him. This is a Member 
of the Cabinet. It is an appointment that at this juncture, 
realistically, may not last much more than a year or so. It is not a 
lifetime appointment to the court, it is to serve on the President's 
Cabinet, but it is to the very important job of Attorney General. It is 
a job in which, in this particular time in history, it is terribly 
important that we have someone of measured judgment, someone of 
impeccable credentials, and someone with a fine-tuned ear to following 
the rule of law.
  In Judge Mukasey, when his name first surfaced, we had a consensus 
nominee. He was referred to as someone who would get swift 
confirmation. He was further referred to as someone who had not only 
the judicial experience but also had significant experience in dealing 
with cases relating specifically to issues of terrorism. He has 15 
years of experience as a Federal judge in the Southern District of New 
York. During that time he presided over several national security 
cases, in which cases he demonstrated his ability to faithfully 
adjudicate difficult issues of law and fact.

[[Page 30459]]

  It seems to me somewhat unfair to require the nominee for Attorney 
General to now jump through hoops that even the Senate itself has not 
been willing to tackle head on, on the issue of waterboarding. I 
believe that is a bit of a red herring. I think at the end of the day, 
when it is all said and done, it is time we move forward on the 
confirmation of this good man, a good man who now has had the vote of 
confidence from the Judiciary Committee; that his nomination be brought 
to the floor so we can give the United States an Attorney General, 
someone at the head of the Justice Department, someone we desperately 
need at this point in history.
  There is no question that I believe it is time, after 48 days of his 
nomination being pending as of today, that the Senate take up this 
nominee and move it swiftly forward. Judge Mukasey has answered all the 
questions that have been presented to him. He has answered them to the 
best of his ability. He has not been able to answer questions that are 
in the nature of hypotheticals. He has not been able to answer 
questions that are in the nature of things that may be a part of 
classified programs that are not available to him at this point in time 
and that might, in fact, not be the kinds of questions any other 
nominee to be Attorney General could answer in the course of his 
nomination.
  In writing to members of the Judiciary Committee, Judge Mukasey 
wrote:

       Some of you told me that you hoped and expected that I 
     would exercise my independent judgment when providing advice 
     to the President, regardless of whether that advice was what 
     the President wanted to hear. I told you that it would be 
     irresponsible for me to do anything less.

  He went on to say that if he was confirmed, he would review any 
course of interrogation techniques currently used by the U.S. 
Government and determine whether any technique would be unlawful and 
advise the President accordingly. He committed that to the President, 
to the Congress, and to the American people.
  I take him at his word. This is a respected man. This is a respected 
judge. He has a track record. This is not a Johnny-come-lately. His 
nomination should be confirmed. I urge my colleagues to vote in favor 
of the nomination of Judge Mukasey to fill the vacancy of Attorney 
General which has been open for much too long and this good man may 
begin his service to our country at this very important post at this 
very important juncture.

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