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Sunday, September 16, 2007 12:00 AM

Michael Mukasey's role in the Jose Padilla case

Bush's nominee for attorney general has displayed some impressive qualities of independence and a willingness to defy the president.

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  • Sunday, September 16, 2007 08:21 AM

    Elephantman:

    I'm a little concerned by the nice things that Schumer and Glenn Greenwald say about Mukasey, but if Bill Kristol endorses Mukasey, then I'd support his nomination.

    Thanks for the weekend illustration of how an authoritarian follower "thinks" -- "if Bill Kristol endorses Mukasey, then I'd support his nomination."

    No need to think for yourself. If Bill Kristol says it, you follow.

    And isn't it funny how the Second Circuit Court of Appeals is cited by Glenn as a source of wisdom criticizing Judge Mukasey? But the Mukasey-supporting Fourth Circuit is "far right"?

    Court of appeals decisions are determined by three-judge panels. It is just fact that the three-judge panel chosen for that Fourth Circuit case was comprised of some of the further right judicial ideologues. Even right-wing legal advocates would say so.

    Having said that, the notion that a U.S. President can't incarcerate U.S. citizens seized on U.S. soil without a trial isn't really a matter of whether someone believes in liberal or conservative ideology. It is a matter of whether someone believes in the basic American constitutional framework. That's why the administration made sure the Supreme Court wouldn't rule on that question.

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