In a time of war, it is vital for the President to have a
full national security team in place -- and the Attorney General is a
key member of that team. The Attorney General is America's top law
enforcement officer, with critical responsibilities for preventing
terrorist attacks and protecting our Nation.
Judge Mukasey is uniquely qualified to fill this vital
role. He served nearly two decades on the Federal bench, and some of his
most important legal experience is in the area of national security. He
presided over the trial of the terrorist known as "the Blind Sheikh" and
his co-defendants in the conspiracy to destroy prominent New York City
landmarks, including the 1993 bombing of the World Trade Center. And
when the World Trade Center was attacked again on September the 11th,
2001, Judge Mukasey quickly reopened his court, even though it was just
blocks from Ground Zero. He and other judges in his district worked day
and night to ensure that applications for warrants were processed,
investigations could proceed, and the rule of law was upheld.
This is the kind of leader America needs to head the
Department of Justice at this important moment in our history. Judge
Mukasey is a man of achievement. He is a man of character. And he has
been praised by Republicans and Democrats alike for his honesty,
intellect, fairness, and independence.
Since I sent his nomination to the Senate, Judge Mukasey
has provided nearly six hours of testimony. He patiently answered more
than 200 questions during his hearings, and he responded promptly to
nearly 500 written questions. Yet some senators are working against his
nomination because they want him to take a position on the legality of
specific techniques allegedly used to question captured terrorists.
As Judge Mukasey explained in a letter to Judiciary
Committee members, he cannot give such a legal opinion for several
reasons. First, he does not know whether certain methods of questioning
are in fact used, because the program is classified, he's not been given
access to that information, and therefore he is in no position to
provide an informed opinion. Second, he does not want our professional
interrogators in the field to take an uninformed opinion he has given in
the course of a confirmation hearing as meaning that any conduct of
theirs has put them in legal jeopardy.
Finally, he does not want an uninformed legal opinion to
give terrorists a window into which techniques we may use, and which we
may not. That could help them train their operatives to resist
questioning, and withhold vital information we need to stop attacks and
save lives.
Congressional leaders should not make Judge Mukasey's
confirmation dependent on his willingness to make a public judgment
about a classified program he has not been briefed on. If the Senate
Judiciary Committee were to block Judge Mukasey on these grounds, it
would set a new standard for confirmation that could not be met by any
responsible nominee for Attorney General. And that would guarantee that
America would have no confirmed Attorney General during this time of
war.
Senate leaders should move Judge Mukasey's nomination out
of Committee and bring it to the Senate floor for an up or down vote. In
this time of war, America needs the best people leading our efforts to
protect the American people. With Judge Mukasey serving as Attorney
General, our national security team will be stronger -- and the Senate
should confirm this good man as quickly as possible.
Thank you for listening."
RSS Feed
Good
morning. On Tuesday, the Senate Judiciary Committee is expected to vote
on Judge Michael Mukasey's nomination to be our next Attorney General. I
thank the committee for scheduling this vote. I urge them to approve
this fine man's nomination, and send it to the full Senate as quickly as
possible.
