President Bush Nominates Judge Michael Mukasey for Attorney General

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President Bush Nominates Judge Michael Mukasey for Attorney General September 18, 2007 (Washington, DC) - President Bush announced today that his nominee for the next Attorney is Judge Michael Mukasey. Judge Mukasey is one of the foremost experts on the war on terror and has been on the legal frontlines of the war as a Federal Judge since the first World Trade Center bombing of 1993. In that role, he won universal praise for his work after presiding over the nearly year-long trial of ten defendants, including Omar Abdel Rahman, the “Blind Sheik,” accused of plotting terrorist attacks on prominent New York City landmarks and helping plan the the 1993 World Trade Center bombing. A jury returned guilty verdicts for all defendants, and Mukasey imposed sentences ranging from 25 years to life imprisonment. In affirming the convictions (for all defendants) and sentences (for 9 of 10 defendants), the United States Court of Appeals for the Second Circuit took the unusual step of commending Judge Mukasey’s handling of the case: “The trial judge, the Honorable Michael B. Mukasey, presided with extraordinary skill and patience, assuring fairness to the prosecution and to each defendant and helpfulness to the jury. His was an outstanding achievement in the face of challenges far beyond those normally endured by a trial judge.” In addition, in 2002-2003, Judge Mukasey presided over the case of Jose Padilla, who recently was convicted in federal court in Florida for, among other things, conspiring to provide material support to al-Qaeda. In the proceedings in New York, Judge Mukasey ruled that President had authority to detain, as “enemy combatants,” citizens captured in the United States during a time of war, while also concluding that Padilla had the right to challenge facts alleged by the government and to have monitored access to a lawyer. Judge Mukasey further determined that the court would apply a deferential standard of review to determine whether the record supported the individual’s designation as an enemy combatant. In the aftermath of the September 11 attacks, Judge Mukasey ruled that the government, upon making certain showings, was able to arrest, and in appropriate circumstances detain, witnesses believed to possess important information pertinent to ongoing grand jury investigations, including in national security cases. The Court of Appeals for the Second Circuit subsequently affirmed Judge Mukasey’s ruling. Judge Mukasey also presided over the complex insurance litigation regarding the World Trade Center following the September 11 attacks. In nominating Michael B. Mukasey to be America’s 81st Attorney General and chief law enforcement officer, the President has apparently selected an accomplished and highlyqualified lawyer, former federal prosecutor and former federal judge with experience in national security law. < >

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