AG candidates experience with the terror docket

AP/NY Times:

Retired judge Michael Mukasey is intimately familiar with the nation's legal battles over terrorism. He played a central role in such cases for over a decade -- much of that time getting around-the-clock protection from armed guards.

Mukasey, 66, once worked as a reporter, but gave it up to pursue a career in law. He was nominated to the federal bench in 1987 by President Reagan and eventually became the chief judge of the high-profile Manhattan courthouse.

As such, he played a key role in the nation's response to the Sept. 11 attacks, which brought down the World Trade Center towers just blocks from Mukasey's courthouse.

In the days after the attacks, Mukasey and other New York judges worked behind closed doors, seeing some of the first material witnesses detained by federal authorities.

Civil liberties advocates contended the material witness cases amounted to an unconstitutional roundup, and an inspector general's report later found that many of the witnesses were subjected to physical and verbal abuse while held in a Brooklyn jail.

Mukasey also had a hand in one of the most hard-fought post-Sept. 11 terror cases: that of Jose Padilla, a U.S. citizen who was arrested in 2002 on a supposed mission to detonate a ''dirty bomb.''

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Mukasey wrote an opinion piece recently in which he argued the Padilla case shows the current legal system is not well-equipped to aid a largely military effort to fight terrorists. He urged Congress to consider passing new laws to improve what he said was a mismatched legal system.

Mukasey handled terrorist cases for more than a decade.

In the 1996 sentencing of co-conspirators in a plot to blow up several New York City landmarks, Mukasey accused Sheik Omar Abdel-Rahman of trying to spread death ''in a scale unseen in this country since the Civil War.'' He then sentenced the blind sheik to life in prison.

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From the description of his opinion piece on Padilla it appears that he at least comprehends the problems with the lawfare model for fighting terrorism. Such wisdom will serve him well as the new AG, though it will probably provoke opposition from the terrorist rights lobby and the Democrat caucus which supports terrorist rights.