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The White House on Mukasey


As if to underscore the point of my last post, the White House releases this and this. So, again we are left with the administration pointing to Mukasey’s record as a prosecutor and characterizations of his rulings as a judge in terrorism cases, and Schumer saying kind things about him.  Nothing about his overall approach to the Constitution, civil rights, anti-trust, special prosecutors, etc.  An attorney general is not only a manager, but a policy-maker.  He is involved in judicial selection, the administration’s position before the Supreme Court on a wide range of issues, immigration policy (even though ICE is at Homeland Security), and so forth.  We have no idea what about Mukasey’s philosophy of governance, but we are assured he was a great prosecutor and judge.  The White House and Schumer have undoubtedly vetted him and/or his record.  Why don’t they tell us more?  Is there more?  Let me suggest that there are and have been many prosecutors who are not conservative.  Patrick Leahy and Arlen Spector come to mind.  There are trial judges who rule properly on the law who are not conservative (including judges who don’t rule for the terrorists).  But don’t worry, be happy.