MUKASEY AND MERITS. Since his nomination was announced yesterday, many writers have been fairly gleefully touting Michael Mukasey's independent streak (see: Lithwick, Greenwald, NYT, WaPo). Heck, even Chuck Schumer likes him. But despite his laudable ruling that Jose Padilla had a right to a lawyer, he also determined that American citizens detained in the U.S. can be considered "enemy combatants" and don't have to be charged with any crimes. There are also questions about his role in secret detentions and his suggestion that we create "national security courts" outside the federal court system and not necessarily beholden to the same standards.
So even if Mukasey far outshines Alberto Gonzales as AG, it's not like we're going to see daisies and sunshine coming from the DOJ if he is appointed.
--Kate Sheppard
