The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“NOMINATION OF JUDGE MUKASEY” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S14108-S14109 on Nov. 8, 2007.
The publication is reproduced in full below:
NOMINATION OF JUDGE MUKASEY
Mr. MARTINEZ. Mr. President, I rise during a period of morning business to talk about two very important topics. For the last 40-some days we have been discussing the nomination by President Bush of Judge Mukasey to be the next Attorney General. It is a nominee to the President's Cabinet.
First, I believe the President ought to be accorded great deference. The President gets to pick the team to work with him. This is a Member of the Cabinet. It is an appointment that at this juncture, realistically, may not last much more than a year or so. It is not a lifetime appointment to the court, it is to serve on the President's Cabinet, but it is to the very important job of Attorney General. It is a job in which, in this particular time in history, it is terribly important that we have someone of measured judgment, someone of impeccable credentials, and someone with a fine-tuned ear to following the rule of law.
In Judge Mukasey, when his name first surfaced, we had a consensus nominee. He was referred to as someone who would get swift confirmation. He was further referred to as someone who had not only the judicial experience but also had significant experience in dealing with cases relating specifically to issues of terrorism. He has 15 years of experience as a Federal judge in the Southern District of New York. During that time he presided over several national security cases, in which cases he demonstrated his ability to faithfully adjudicate difficult issues of law and fact.
It seems to me somewhat unfair to require the nominee for Attorney General to now jump through hoops that even the Senate itself has not been willing to tackle head on, on the issue of waterboarding. I believe that is a bit of a red herring. I think at the end of the day, when it is all said and done, it is time we move forward on the confirmation of this good man, a good man who now has had the vote of confidence from the Judiciary Committee; that his nomination be brought to the floor so we can give the United States an Attorney General, someone at the head of the Justice Department, someone we desperately need at this point in history.
There is no question that I believe it is time, after 48 days of his nomination being pending as of today, that the Senate take up this nominee and move it swiftly forward. Judge Mukasey has answered all the questions that have been presented to him. He has answered them to the best of his ability. He has not been able to answer questions that are in the nature of hypotheticals. He has not been able to answer questions that are in the nature of things that may be a part of classified programs that are not available to him at this point in time and that might, in fact, not be the kinds of questions any other nominee to be Attorney General could answer in the course of his nomination.
In writing to members of the Judiciary Committee, Judge Mukasey wrote:
Some of you told me that you hoped and expected that I would exercise my independent judgment when providing advice to the President, regardless of whether that advice was what the President wanted to hear. I told you that it would be irresponsible for me to do anything less.
He went on to say that if he was confirmed, he would review any course of interrogation techniques currently used by the U.S. Government and determine whether any technique would be unlawful and advise the President accordingly. He committed that to the President, to the Congress, and to the American people.
I take him at his word. This is a respected man. This is a respected judge. He has a track record. This is not a Johnny-come-lately. His nomination should be confirmed. I urge my colleagues to vote in favor of the nomination of Judge Mukasey to fill the vacancy of Attorney General which has been open for much too long and this good man may begin his service to our country at this very important post at this very important juncture.
____________________
