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Home arrow Leading The News arrow Mukasey hearing to touch on White House conduct
Leading The News PDF Print E-mail
Mukasey hearing to touch on White House conduct
Posted: 10/17/07 07:42 PM [ET]

Michael Mukasey will enter the hearing room Wednesday morning on track for a smooth confirmation as attorney general, even as Democrats face pressure from key allies to insist on an array of commitments before approving him.

Senate Judiciary Committee Democrats plan to use Mukasey’s hearing as a forum to discuss controversial issues from wiretapping without a warrant to enforcing a contempt finding against the White House. But despite entreaties to take a cautious tack with the nominee from groups crucial to the Democratic base, Sen. Patrick Leahy (D-Vt.) said Tuesday that he expects the retired federal judge to be confirmed.

“I like him. … I want him to succeed,” the Judiciary chairman told reporters. “I don’t see a bombshell on the horizon. I see a man who has the potential to clean up the Justice Department.”

Senate Democrats, including Majority Leader Harry Reid (D-Nev.), have predicted scarce opposition to Mukasey since President Bush tapped him last month to replace congressional bête noire Alberto Gonzales. Democratic Caucus Vice Chairman Charles Schumer (N.Y.) will introduce the nominee to the judiciary panel, an indicator of his likely support.

Still, a host of civil-rights, civil-liberties and labor groups laid down their marker on Mukasey in a weekend letter to Leahy and Sen. Arlen Specter (Pa.), Judiciary’s ranking Republican. The groups urged Democrats to seek several assurances from Mukasey before confirmation, including more voting-rights and job-discrimination prosecutions on behalf of minority populations.

“We’re hoping the Senate, and the Judiciary Committee in particular, will show some spine and not let this nominee roll them,” Chris Anders, senior legislative counsel at the American Civil Liberties Union (ACLU), said.

Julie Fernandes, senior policy analyst at the Leadership Council on Civil Rights, said Mukasey should commit to repairing the tarnished reputation of the Justice Department’s civil rights division. Allegations of politicized hiring there sparked an expansion of a broad internal investigation launched by the agency’s inspector general that began with the mass firings of U.S. attorneys.

“We need to make sure we’re going to get [his] full cooperation in that investigation going forward,” Fernandes said. “We want a public conversation once that investigation is completed.”

Jen Daskal, senior counsel at Human Rights Watch, said her group would oppose Mukasey if he does not answer yes to two questions she urged Democrats to ask on detainee policy.

“Will he inform the president that he is bound under all circumstances to uphold the law, including those banning torture?” Daskal asked. “Will he deny legal authorization for the application of interrogation techniques that he would deem unlawful if used against Americans?”

One senior Democratic aide said many of the questions prioritized by outside groups would come up during Wednesday’s hearing, which senators predicted could spill over into Thursday. The aide acknowledged that Mukasey’s confirmation is “his to lose,” but warned that the process would not be “some sort of cakewalk.”

“If he sounds off alarms on any of these questions, if he comes off as too conservative on these issues, that will weaken his support,” the Democratic aide said. “But he starts with a few things going for him. One, he’s respected; two, he’s not Alberto Gonzales.”

Meanwhile, Republicans sought to speed up the process as much as possible. Sen. Jon Kyl (Ariz.), chairman of the GOP conference and a Judiciary member, said he hopes that a committee vote on Mukasey could occur within a week after the hearing.

“The reality is, he’s going to sail through,” one Senate Republican aide said. “[Democratic interest groups] ought to maintain their dignity, not make demands that can’t be met, and save their fire for the next fight."

Three Judiciary Democrats, Senate Majority Whip Dick Durbin (D-Ill.), Sen. Edward Kennedy (D-Mass.) and Sen. Russ Feingold (D-Wis.), offered one possible flashpoint for the hearing in a Tuesday letter asking for Steven Bradbury, now acting head of Justice’s Office of Legal Counsel, to step down. Bradbury reportedly approved two memos authorizing abusive interrogation tactics that were first reported earlier this month by The New York Times.

Referring to Mukasey’s promise to right the ship at Justice, Durbin said on the floor, “I’m concerned that progress isn’t going to be possible without some significant changes there” — principally Bradbury’s departure.

Sen. Joseph Lieberman (I-Conn.) will introduce Mukasey to the committee on Wednesday, and a group of outside witnesses will follow the nominee. That slate offers several potential critics of the nominee’s record and several vocal supporters, including the leader of the Fraternal Order of Police, which has endorsed Mukasey, and John Hutson, the Navy’s former senior counsel and a longtime critic of legally authorized abusive interrogations.

White House spokeswoman Dana Perino sounded a note of confidence on Mukasey during her daily briefing Wednesday.

“He’ll have a good hearing, he’ll answer all the questions and he should get a swift confirmation,” Perino said.

 
 
 
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