Sunday, September 16, 2007

My Question for possible Attorney General Nominee Michael Mukasey

who "issued the first ruling in the Jose Padilla case after 9/11. While he ruled that “President Bush did have the authority to hold Mr. Padilla as an enemy combatant without charging him for a crime,” he also “ruled that the government must allow Mr. Padilla to see his attorneys.”"

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

Which word didn't you understand ?

update: Holy mother of God

Sen. Charles Schumer, D-N.Y., previously recommended Mukasey for a Supreme Court vacancy.

In June 2005, the liberal Alliance for Justice put Mukasey's name on a list of four judges who, if chosen for the Supreme Court, would show the president's "commitment" to picking someone who could be supported by both Democratic and Republican senators.


Doesn't anyone believe in Habeus Corpus anymore ? Mukasey's ruling places him well to the right of Scalia who held that Bush did not have the authority to hold Hamdi who was captured in Afghanistan not O'Hare.

update: Glenn Greenwald writes that Mukasey played an "impressive role ... in presiding over the Jose Padilla case in its earliest stages." So I take it all back. Never mind.

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