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Justice

Former Bush Attorneys General Slam Gingrich’s ‘Ridiculous,’ ‘Irresponsible,’ ‘Outrageous,’ and ‘Dangerous’ Courts Plan

Even This Guy Thinks Newt Goes Too Far

One of the backbones of GOP frontrunner Newt Gingrich’s presidential campaign is an authoritarian plan to openly defy the Supreme Court, to wage a campaign of intimidation against judges who disagree with him, or even to eliminate courts entirely as punishment for handing down decisions he disagrees with.

In interviews with Fox News’ Megyn Kelly yesterday, both of George W. Bush’s last two attorneys general disagreed strongly with Gingrich’s proposal. Former Attorney General Michael Mukasey, himself a former federal judge, called the plan “ridiculous,” “irresponsible,” “outrageous,” and “dangerous”:

KELLY: He wants to see the Ninth Circuit Court of Appeals entirely abolished, your thoughts on that?

MUKASEY: Ridiculous. . . . to say that you’re going to undo and entire court simply because you don’t like some of their decisions, when there are thousands of cases before that court, is totally irresponsible. It’s outrageous because it essentially does away with the notion that when courts decide cases the proper way to have them reviewed is to go to a higher court. It’s dangerous because, even from the standpoint of the people who put it forward, you have no guarantee that you’ll have a permanent majority. . . . It would end with having a Democratic majority that then decides to abolish the Fourth Circuit and the Eleventh Circuit. And you go on and on and on. And I guess they could then reconstitute another court. It would reduce the entire judicial system to a spectacle.

Former Attorney General Alberto Gonzales had a similar reaction:

GONZALES: The notion or the specter of bringing judges before the Congress, like a schoolchild being brought before the principal is, to me, a little bit troubling . . . . I cannot support and I would not support efforts that appear to be intimidation or retaliation against judges.

Watch it:

Bear in mind that this is the same Alberto Gonzales that helped justify Bush’s torture policies and who presided over a dangerous and embarrassing politicization of the Justice Department. When even that guy thinks you have insufficient respect for the rule of law, it’s a pretty good sign that you’ve gone off the deep end.

Justice

Former Bush Attorney General Rejects Congressional GOP Witchhunt Against Justice Kagan

In an attempt to rig the Supreme Court and ensure that the Affordable Care Act will be struck down, high ranking members of the House and Senate GOP — including Senate Minority Leader Mitch McConnell (R-KY) and House Judiciary Chair Lamar Smith (R-TX) — have made a series of increasingly improbable claims that Justice Elena Kagan must recuse herself from the lawsuit challenging health reform. This morning, however, George W. Bush’s former Attorney General Michael Mukasey puts these ridiculous claims in their place:

The [law] that potentially relates to Justice Kagan requires disqualification “[w]here [the Justice] has served in governmental employment and in such capacity participated as counsel [or] adviser concerning the proceeding or expressed an opinion concerning the merits of the particular case or controversy.” “Proceeding” is defined to include all stages of the relevant litigation.

In order to run afoul of that provision, Justice Kagan herself would have had to participate in her official capacity as counsel or adviser in the case at any stage, or expressed an opinion in her official capacity about the merits. Asked during her confirmation proceedings whether she had done so, she said no. Absent evidence to the contrary, there is no reason not to credit that denial. Statements of opinion to friends or former colleagues do not count here.

Mukasey’s op-ed also rejects calls from several progressive lawmakers for Justice Thomas to recuse himself from this case, and Mukasey is right that there is not currently any public evidence justifying Thomas’ recusal. Despite the many, many ethical issues surrounding Justice Thomas, no one has yet uncovered evidence that Thomas’ family has a current financial stake in the outcome of this litigation — although Justice Thomas’ wife did once solicit lobbying clients that could potentially raise recusal issues for her husband.

NEWS FLASH

Chamber of Commerce Hires Ex-Attorney General To Weaken Law Banning Overseas Bribery | The U.S. Chamber of Commerce has hired former U.S. Attorney General Michael Mukasey to argue its case for weakening the Foreign Corrupt Practices Act, a law that bans bribery of foreign officials and has been strictly enforced by the Obama administration. “The law itself has several problems with it,” said Mukasey, whose firm was hired by the Chamber earlier this year. The Chamber denied that its lobbying on the FCPA is related to past donations from Rupert Murdoch’s News Corporation, which could face lawsuits under the law for bribing British police officials. Independent members of News Corp.’s board retained Mukasey in July to advise them during the scandal.

Security

Defending MEK, Mukasey, Ridge & Freeh Attack Obama For Hastily Exiting Iraq, While Admitting He’s Trying To Stay

Micahel Mukasey (far left) and Tom Ridge (far right) flank MEK chief Maryam Rajavi

In an article on Fox News’ website, former Bush administration officials Michael Mukasey and Tom Ridge and former FBI director Louis Freeh claim that in his apparent rush to pull U.S. troops out of Iraq, President Obama is abandoning the Iranian exile group the Mujahedeen-e Khalq’s (MEK):

[I]n a panicked haste to exit from Iraq, the Obama White House is abandoning the 3,400 members of the MEK – including young men, women and children – who are living in exile in a camp near Baghdad and intends to leave them to the indelicate mercy of Iraq’s new Shia prime minister, the Mullahs’ good friend Nouri al-Maliki.

There’s so much wrong with this brief clip of their piece that it’s difficult to know where to start.

To begin with, Obama is hardly in a “panicked haste to exit from Iraq.” As news reports have indicated over the past months, the Obama administration has been pressuring the Iraqis to strike a deal to allow U.S. troops to stay past the end of 2011, a deadline imposed by a Status of Forces Agreement (SOFA) struck by George W. Bush in 2008 despite warnings that the deal could constrict the next president’s policies.

Indeed, Freeh, Mukasey and Ridge acknowledged this fact five paragraph’s later in the same article:

The Obama administration is, of course, eager to complete a formal agreement with Prime Minister Maliki concerning the status of American troops remaining in Iraq after 2011.

Attacking Obama for wanting to rush out of Iraq seems just as disingenuous as the authors’ charge that the administration “intends to leave [the MEK adherents in Ashraf] to the indelicate mercy of…the Mullahs’ good friend Nouri al-Maliki.” The notion that Iraqis — who have officially wanted the MEK off their soil since 2008 — need to be pressured by the Iranians into harsh actions against Ashraf is absurd. As CAP analyst Matt Duss recently noted, the MEK, which is designated as a terror group by the U.S., is “despised…by many Iraqis for having aided Saddam [Hussein] in his crackdowns on Iraqi Shiites and Kurds.” Earlier this year, Duss explained:

The MEK also fought alongside Hussein’s forces after the 1991 Gulf War to put down the Shia uprising in Iraq’s south and the Kurdish uprising in the north. They were driven by MEK leader Maryam Rajavi’s infamous command to “Take the Kurds under your tanks, and save your bullets for the Iranian Revolutionary Guards.”

The New York Times also recently noted that the Obama administration — far from abandoning the MEK members in Iraq — has been engaged in active diplomacy to get them out of harm’s way, eventually hoping to relocate them to a third country outside Iran (where they’re also likely to face persecution) or Iraq. However, the diplomacy, reported the Times, has thus far hit a dead end because “the residents are refusing to leave, and no countries have come forward to welcome them.”

That the three conservative officials-turned-pundits would make disingenuous attacks on Obama is no surprise. Their skewed perspective absolving the MEK of its role in blocking solutions to its predicament might also be easy enough to explain, though: Freeh, Mukasey and Ridge are among a coterie of top former U.S. officials who have been paid by groups that support the MEK, advocate for removing them from the U.S. terror list, and in some cases urge U.S. support and recognition as an Iranian government in exile despite the lack of any meaningful MEK political constituency within Iran.

Economy

U.S. Chamber Hires Bush’s Attorney General To Help Weaken Ban On Corporate Bribery

As ThinkProgress reported in October, the U.S. Chamber of Commerce is pushing to overhaul the Foreign Corrupt Practices Act (FCPA), the government’s main enforcement mechanism to stop American-based multinational firms from bribing foreign governments in order to win special business advantages. The Chamber thinks the law is too burdensome for American businesses and makes them less competitive compared to foreign companies, which are freer to engage in corruption.

The Blog of Legal Times reports the Chamber has now enlisted a powerful ally to fight the scourge of anti-corruption — President Bush’s Attorney General Michael Mukasey:

Debevoise & Plimpton, where Mukasey is a partner, filed lobbying registration papers on his behalf this month, according to Senate records. The registration is for the Chamber’s Institute for Legal Reform and is effective back to March 3. It covers possible FCPA amendments and other issues “related to criminal law and policies affecting U.S. corporations.” [...]

Harold Kim, senior vice president at the Chamber’s Institute for Legal Reform, said he’s pleased with Mukasey’s hiring. “He brings a wealth of experience on these matters given his past positions as attorney general of the United States as well as chief judge of the Southern District of New York,” Kim said in an interview. “I think he’ll be a good advocate as part of our overall efforts to secure some more clarity and certainty with respect to the current statute.”

The Chamber may have decided to take on the FCPA now because President Obama’s Department of Justice has decided to do what Bush’s Department of Justice under Mukasey didn’t — thoroughly enforce the law. Under Obama, the department collected more than $1 billion in fines during fiscal year 2010, the most the government has collected in the law’s 38-year history, and more than ten times the $87 million collected in 2007 by the Bush Administration.

Security

Shahzad Questioned Extensively Before Being Read Miranda Rights And Continued Cooperating Afterwards

As ThinkProgress noted yesterday, after alleged Times Square bomber Faisal Shahzad was arrested late Monday at JFK International Airport, conservatives began following the political playbook they used to criticize the Obama administration’s handling of the attempted Christmas day bombing: complaining that authorities might read him his Miranda rights. “Don’t give this guy his Miranda rights until we find out what it’s all about,” said Sen. John McCain (R-AZ).

McCain’s close ally, Sen. Joe Lieberman (I-CT), even suggested that Congress should create a process to strip “American citizens who choose to become affiliated with foreign terrorists” of their citizenship and, therefore, their Miranda rights. Lieberman explained to reporters that he believes “that any time we arrest somebody we suspect to be a terrorist the first thing that ought to happen with them is they ought to be interviewed without Miranda Rights being given to them”:

LIEBERMAN: My own feeling about this is that any time we arrest somebody we suspect to be a terrorist the first thing that ought to happen with them is they ought to be interviewed without Miranda Rights being given to them by law enforcement officials to extract from them every piece of information that might help us stop an ongoing terrorist threat. My own feeling is that anybody who we decide there is reasonable possibility that they’ve committed a terrorist act ought to be turned over to our military justice system because though it’s an unconventional war, they are prisoners of a war. A war that Islamic extremists declared against the United States, certainly, on 9/11/01. So, bottom line, I don’t believe somebody like Faisal Shahzad should receive Miranda rights. I don’t believe he’s entitled to them.

Shahzad, a naturalized U.S. citizen, did eventually have his rights read to him, but not until after he was questioned extensively under a “public safety exception” to the Miranda rule. Fox News’ Jamie Colby reported today that “a source on the Homeland Security Committee” told her that Shahzad was read his rights “nine and a half hours after questioning.” Watch it:

Colby added that she was told that once Shahzad was Mirandized, “he waved his right to counsel, he waved his right to an appearance.” Indeed, Deputy FBI director John Pistole said yesterday that Shahzad continued to cooperate after hearing his rights:

Shahzad was not immediately Mirandized after authorities yanked him off a Dubai-bound flight from New York Monday night. John Pistole, deputy FBI director, said Tuesday that agents interviewed him under the “public safety exception” to determine whether there was an imminent threat.

He was later read his rights and waived them, according to the White House. Officials have described the suspect as cooperative and talkative ever since.

“He was … cooperative and provided valuable intelligence and evidence. He was eventually transported to another location, mirandized and continued talking,” Pistole said.

So, despite conservative complaints, reading a U.S. citizen his Miranda rights has not impeded information-gathering. But this hasn’t stopped conservatives from complaining. Former Attorney General Michael Mukasey told Fox News that despite claims that Shahzad “kept spilling the beans, the question is how many beans he spilled.”

Update

New York City Mayor Michael Bloomberg said today that Shahzad has “continued to be helpful” after being Mirandized.

Politics

Mukasey calls Liz Cheney’s ‘Al-Qaeda 7′ ad ‘shoddy and dangerous.’

mike-mukaseyYesterday, Sen. Lindsey Graham (R-SC) joined a growing chorus of conservatives condemning the McCarthy-like tactics of Keep America Safe, the new group led by Bill Kristol and Liz Cheney, which recently released an ad questioning the loyalties of Justice Department lawyers who were once involved in representing al-Qaeda terror suspects. Today in the Wall Street Journal — without mentioning Cheney, Kristol, their group, or the ad — former Bush Attorney General Michael Mukasey denounced their campaign:

Most recently, lawyers now employed at the Justice Department who, while in private practice, volunteered to represent suspected terrorist detainees, or argued legal positions supporting various rights of such detainees, have been portrayed as in-house counsel to al Qaeda.

This is all of a piece, and what it is a piece of is something both shoddy and dangerous. A lawyer who represents a party in a contested matter has an ethical obligation to make any and all tenable legal arguments that will help that party.

Mukasey added that while it’s “prudent for us to assure that no government lawyers are bringing to their public jobs any agenda, … that prudence is not properly exercised by arguing that lawyers…are automatically to be identified with their former clients and regarded as a fifth column within the Justice Department.” “Liz Cheney is a former student of mine — I don’t know what moves her on this thing,” said University of Chicago law professor Richard Epstein, who called the Keep America Safe ad “appalling.”

Security

Mukasey: Rep. Moran Has ‘Lost Touch With Reality’ And Should ‘Get Professional Help’ From Major Nidal Hasan

Michael Mukasey Last week, Rep. Jim Moran (D-VA) came out in strong support of Attorney General Eric Holder’s decision to prosecute the five 9/11 defendants in U.S. federal court and sharply criticized Republicans who were attacking the decision. “They will seize on any opportunity to [demagogue], and that means they’ll even take a stand that’s un-American. It’s un-American to hold anyone indefinitely without trial. It’s against our principles as a nation.”

Former Bush attorney general Michael Mukasey is one of the Republicans who has been speaking out against Holder. Last week at a Federalist Society conference, Mukasey said that holding the trial in Manhattan increased the risk of a terrorist attack on the city.

In an interview with Washington Times radio this morning, the hosts asked Mukasey about Moran’s comments. Mukasey responded by suggesting that the congressman “get professional help” from Maj. Nidal Hasan:

Q: Congressman Jim Moran of Virginia says anybody that questions KSM coming to New York City for a civilian trial — that they’re un-American. What is your reaction to that?

MUKASEY: I think he’s lost touch with reality. He ought to get professional help, perhaps from Maj. Nidal.

The segment then ends with the hosts laughing over Mukasey’s “joke.” Listen here:

Nidal, of course, is the Army psychiatrist suspected of going on a brutal rampage at Fort Hood and killing 13 people.

Asked for a response to Mukasey’s comments, Moran’s spokesperson Emily Blout said, “Leading conservative activists and scholars agree with Mr. Moran’s position, which is based on this nation’s long history of upholding its most fundamental values- even in the face of horrific crimes.”

Update

In a similar bit of rhetoric, Rep. John Shadegg (R-AZ) went on the House floor last night and personally went after New York City Mayor Michael Bloomberg for supporting having the 9/11 trial in Manhattan. “I saw the Mayor of New York said today, ‘We’re tough. We can do it,’” said Shadegg. “Well, Mayor, how are you going to feel when it’s your daughter that’s kidnapped at school by a terrorist? How are you going to feel when it’s some clerk — some innocent clerk of the court — whose daughter or son is kidnapped? Or the jailer’s little brother or little sister? This is political correctness run amok.”


Update

,Shadegg has apologized for his remarks.

Politics

Holder breaks with Mukasey, says ‘waterboarding is torture.’

In October 2007, during his confirmation hearings, Attorney General Michael Mukasey refused to call waterboarding torture and to this day has not called it torture. In his confirmation hearing today, Attorney General nominee Eric Holder clearly said that he believes waterboarding is torture:

HOLDER: If you look at the history of the use of that technique, used by the Khmer Rouge, used in the Inquisition, used by the Japanese and prosecuted by us as war crimes. We prosecuted our own soldiers for using it in Vietnam. I agree with you, Mr. Chairman, waterboarding is torture.

In another break with Bush administration officials, Holder said other countries would be violating international law if they waterboarded U.S. citizens. Watch it:

Holder also said that the President cannot immunize officials who committed acts of torture. “No one is above the law,” he stated.

Update

In an interview with George Stephanopoulos, Barack Obama said, “Vice President Cheney, I think, continues to defend what he calls extraordinary measures or procedures and from my view waterboarding is torture. I have said that under my administration we will not torture.”

Politics

Washington state judge admits to calling Mukasey a ‘tyrant.’

sanders.gifRichard Sanders, a justice on the Washington State Supreme Court, confirmed yesterday that he called Attorney General Michael Mukasey a “tyrant” at a Federalist Society dinner last week:

After listening to Mukasey defend the Bush administration’s counterterrorism policies — its detainment practices at Guantánamo Bay, its interpretation of the Geneva Conventions’ reach — Sanders stood and shouted “Tyrant! You are a tyrant!”

“Frankly, everybody in the room was applauding or sometimes laughing, and I thought, ‘I’ve got to stand up and say something.’ And I did,” Sanders told The Seattle Times Tuesday. “I stood up and said, ‘Tyrant,’ then I sat down again, then I left.”

Sanders said he didn’t learn until the next morning that, moments after this episode, Mukasey passed out at the podium.

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