This last paragraph is more consistent with the court cases reviewed than the Patriot Act article. Anti terrorist measures are aimed at protecting the people and society as a group. Mukasey argues for what he sees as rational changes in law to catch and foil those who would attack society at large.
His core reasoning proposes that the application of traditional legal rights to fight terrorists conflates two very different efforts, justice for citizens and protection from terrorists. This risks infection of the high standards and protections for citizens with the extreme measures required to stop enemies leading to a less secure society with fewer rights. He expressed a sense of urgency to resolve the contradiction:
Perhaps the world's greatest deliberative body (the Senate) and the people's house (the House of Representatives) could, while we still have the leisure, turn their considerable talents to deliberating how to fix a strained and mismatched legal system, before another cataclysm calls forth from the people demands for hastier and harsher results Wall Street Journal 8/22/2007
President Bush today announced his nomination of retired federal judge Michael B. Mukasey… Washington Post 9/17/07
His nomination is hardly a phrase that accurately portrays the process. This is no more Bush’s nomination than the Gonzales departure was a Bush dismissal. There are strong pressures influencing this process. The nominee is not a Bush family friend so far as we know. He’s not a good old boy that Bush can nickname and joke with over a long neck beer. He’s from New York City, born in the Bronx, a committed intellectual and jurist, with an acerbic wit Is there any Bush appointee who matches that profile? He’s also Schumer’s first choice, the man who chased Gonzales out of town.
Somehow the system and the citizens managed to grab one more chance, a last chance maybe, to reign in the lawlessness of the Bush – Cheney administration.
Here are some indicators to track how well Judge Mukasey is doing in his constitutionally mandated task as chief law officer for the United States of America.
Will we see the U.S. Attorneys use convicted felons like Abramoff and Cunningham to indict figures higher in the chain of corruption or will they simply be left on the shelf of bad memories?
Will the Department of Justice investigate and do something about the likely crimes in the Enron episode, the Katrina disaster, and no bid contracts for the Iraq War?
Will the truth be told to Bush - Cheney about lawless behavior like torture and preemptive invasions? This is most critical considering current White House delusions of grandeur associated with an attack on Iran.
Will Mukasey put a stop to the cynical deception called voter fraud, a phony construct perpetrated by the Department of Justice which results ultimately in the disenfranchisement of minority and poor voters? And will he vigorously enforce all elections laws and focus on the crime of election fraud?
Will he keep a distance form the Giuliani campaign? This is critical given his previous association with that effort.
Will he develop some serious skepticism about the good will of the current administration after a few days of looking behind the tattered veil and restrain himself from giving them “the benefit of the doubt.”
Most importantly, will he say to Bush, “No sir, you cannot do that. It’s illegal.”
END
N.B. A small peek in to the nominee’s demeanor can be gained at this short video clip from the Center for Law and Counterterrorism, 1/24/07. See video Chapter 16. Starts at 01:19:42.
