Nomination of Judge Mukasey

Floor Speech

NOMINATION OF JUDGE MUKASEY -- (Senate - September 17, 2007)

Mr. McCONNELL. Mr. President, today the President nominated Judge9
Michael Mukasey to be our Nation's 81st Attorney General. He has impressive credentials. I look forward to learning more about his record.

In this regard, the Judiciary Committee should promptly hold hearings on his nomination, carefully examine his record, and vote in a timely manner. For the past several months our Democratic colleagues have told us we need to install new leadership at the Justice Department and that we ``can't afford to wait,'' in their words

A successful nominee, they have told us, is someone with integrity and experience, who respects the rule of law and who can hit the ground running. The senior Senator from New York has assured us that he and his colleagues would not obstruct or impede someone with these qualifications.

Judge Mukasey appears to be just such a nominee. He is a former Federal prosecutor and Federal judge with extensive experience, especially in terrorism-related matters. He served on the Federal trial bench for 19 years, and for the last 6 years of his career he has been the chief judge on the U.S. District Court for the Southern District of New York.

He presided over the 1993 World Trade Center bombing case, in which he was widely respected for his equanimity, intelligence, and deep appreciation for the complex legal issues at stake.

The prosecutor, Andrew McCarthy, recently wrote a compelling first-hand account of Judge Mukasey's conduct in that case for the National Review. I ask unanimous consent to have the article printed at the close of my remarks.

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.

(See exhibit 1.)

Mr. McCONNELL. In the article, Mr. McCarthy notes the Second Circuit Court of Appeals, after upholding Judge Mukasey's work, took the highly unusual step of praising his handling of the case. Here is what the court of appeals wrote:

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.

Judge Mukasey has earned the deep respect and admiration of the lawyers who have appeared before him and of the many other public servants who have observed and studied his work. His intelligence, experience, and fairmindedness would seem to make him an ideal candidate to lead the Justice Department.

At the very least, these qualities warrant timely and fair consideration of his nomination by the Judiciary Committee. Unfortunately, recent press reports, including a Roll Call article from just a couple of hours ago, indicate that at least some Democrats on the Judiciary Committee are more interested in dragging out this nomination than in installing new leadership at the Justice Department.

They have said they might hold Judge Mukasey's nomination hostage in order to extract still more administration documents in the U.S. attorneys matter.

This would be extremely unfortunate. By injecting politics into the confirmation process, committee Democrats would be turning their backs on earlier public comments that installing new leadership at the Department was of critical importance. They would be turning their backs on earlier public assurances that they would not obstruct or impede--again their words--a nominee with Judge Mukasey's qualities.

Now is the chance for our Democratic colleagues to prove they were serious when they cried out for new leadership at the Justice Department by following Senate precedent, weighing the nominee's qualifications, and voting in a timely fashion.

I would hope they would not hold him hostage, forgetting the words of the senior Senator from New York, who has told us:

This Nation needs a new Attorney General and it cannot afford to wait.

In these times, it is especially important that the Senate act promptly. We are at war, and as the distinguished ranking member has noted: Apart from the Defense Department, no department of the executive branch is more important to defending our Nation than the Department of Justice.

We need to act. Now, I understand that Judge Mukasey will begin his courtesy visits tomorrow with Members of the Senate. I am hopeful my colleagues will be able to meet with him so the Senate can begin considering his nomination as soon as reasonably possible.

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