Padilla's statutorily granted right to present facts to the court in connection with this petition will be destroyed utterly if he is not allowed to consult with counsel. On the facts presented in this case, the balance weighs heavily in Padilla's favor.
The White House was outraged at the very thought of this defendant having an attorney. They were also upset with Mukasey. The Washington Post reported that “Cheney's office insisted on sending (Ted) Olson's deputy, Paul Clement, on what Justice Department lawyers called a suicide mission to tell Judge Michael B. Mukasey that he had erred so grossly that he should retract his decision.”
Mukasey was not amused. He had already decided the case. Padilla had a right to counsel. Rather than accept that and move forward, the White House challenged his intelligence and skill as a judge based on petty technicalities.
In reaffirming his original order, Judge Mukasey issued a devastating retort: “The government's arguments here are permeated with the pinched legalism one usually encounters from non-lawyers.” In this case, the Judge was sending a message to the trial lawyers and the absent Solicitor General, Ted Olson. He judged their arguments amateurish.
Destroying Manhattan: Sheik Abdel-Rahman (left) intended to destroy the New York courthouse (right) where he was tried by Judge Mukasey. Image left. Image right.
In the Sheik Abdel-Rahman case, Judge Mukasey faced Rahman and nine codefendants charged with planning a series of terror attacks in the New York City. FBI tapes of Rahman’s crew produced highly disturbing plans:
The most startling plan, the government charged, was to set off five bombs in 10 minutes, blowing up the United Nations, the Lincoln and Holland tunnels, the George Washington Bridge and a federal building housing the FBI.
The Sheik and the nine plot partners were found guilty, although two co-defendants were acquitted of some charges. Before sentencing, Mukasey listened to Rahman’s lecture and excoriation for over an hour. The Sheik attacked the judge for conducting an unfair trial and failing to learn about Islam, all the while claiming that he was a simple preacher of the word.
Then Mukasey had his turn: "This country has experienced militant fascism that failed and militant communism that failed," Judge Mukasey said, adding that "you and the others sentenced today will never be in a position to commit such crimes again." He sentenced Rahman to life in prison.
More Routine Judging – Equity and Humor
Mukasey handled the case of Susan P. Lindauer who was accused of being an Iraqi intelligence agent in an 11 count indictment in 2003. A number of psychiatrists determined that she had a serious mental illness which involved paranoid and persecutory delusions and hallucinations.
While the he government held her without bail, it petitioned Judge Mukasey to allow the forced administration of antipsychotic medication. The argument was that symptom relief would restore Ms. Lindauer to reality and thus allow a trial.
Judge Mukasey was quick to point out that “There is no indication that Lindauer ever came close to influencing anyone, or could have.” He then denied the request for forced medication and had Lindauer released from jail. Her court appointed attorney Sanford Talkin called the decision a difficult one that was both “right” and “just.”
The governments attempt to punish someone in tragic circumstances for a crime not committed was foiled.
The case of independent film makers versus the Motion Picture Association of America is another David v. Goliath case. The association had routinely prevented independents from distributing tapes of their films to screeners and critics prior to film awards events claiming that allowing the practice would encourage film piracy. In effect, this practice put the independents out of business for weeks at a time and caused financial harm. Mukasey ruled that it had to stop since it violated federal antitrust law.
Mukasey took sharp exception to an immigrant smuggler who professed her love for the United States in a bid for lenient treatment. Looking directly at the defendant, the judge responded:
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