Bush chooses retired federal judge as top U.S. law enforcement official
WASHINGTON -- President George W. Bush, seeking to avoid a possible confirmation fight over a fiercely partisan candidate, chose retired federal judge Michael B. Mukasey Monday to replace U.S. Attorney General Alberto Gonzales. Democrats said Bush made a wise choice and raised no immediate objections.
There had been rampant speculation that Bush might turn to former Solicitor General Ted Olson for the job, but key Democratic lawmakers said they believed Olson too partisan a figure and indicated they would fight his nomination. The White House acknowledged that Bush had interviewed others for the job besides Mukasey.
The White House said that ease of confirmation was a factor, but not the decisive one, in Bush's selection of a new chief U.S. law enforcement officer. Bush critics contended that Mukasey's nomination was evidence of the president's weakened political clout as he heads into the final 15 months of his term.
As chief judge of a busy U.S. District Court in New York, Mukasey had presided over high-profile terrorism cases.
"He knows what it takes to fight this war effectively and he knows how to do it in a manner consistent with our laws and our Constitution," Bush said, standing next Mukasey at the White House.
The president urged the Senate to quickly confirm Mukasey, who would be Bush's third attorney general.
If approved by the Senate, Mukasey would take charge of a Justice Department where morale is low following months of investigations into the firings of nine U.S. attorneys and Gonzales' sworn testimony on the Bush administration's terrorist surveillance program. Democrats maintain the firings were politically motivated.
Mukasey said he was honored to be Bush's nominee to take the helm of the department.
Senate Democrats declared no outright opposition to Mukasey. But they made clear that there would be no confirmation hearings until the administration answers outstanding questions about the White House's role in the firings of federal prosecutors earlier this year.
"Our focus now will be on securing the relevant information we need so we can proceed to schedule fair and thorough hearings," said Sen. Patrick Leahy, the chairman of the Senate Judiciary Committee that will hold confirmation hearings for Mukasey. "Cooperation from the White House will be essential in determining that schedule."
Sen. Arlen Specter, the top Republican on the committee, said the answers Leahy seeks are important, but not enough to delay the installation of someone to stabilize a leaderless Justice Department hobbled by scandal.
Senate Majority Leader Harry Reid said he believes the president listened to Congress and decided against a more partisan replacement for Gonzales. He said Mukasey had "strong professional credentials and a reputation for independence."
"A man who spent 18 years on the federal bench surely understands the importance of checks and balances and knows how to say no to the president when he oversteps the Constitution," said Reid, a Democrat. "But there should be no rush to judgment. The Senate Judiciary Committee must carefully examine Judge Mukasey's views on the complex legal challenges facing the nation."
Some legal conservatives and Republican activists have expressed reservations about Mukasey's legal record. Even before he was nominated, Mukasey met on Sunday with six conservative leaders to answer their questions.
Sen. Charles Schumer, one of the most confrontational Democrats in the Senate on judicial nominations, suggested Mukasey to White House counsel Fred Fielding. Granted his wish, Schumer on Monday did not endorse Leahy's demand for information as a precondition for confirmation hearings.
"To hasten an attitude of confrontation when the White House has taken a step forward would be a mistake," Schumer told reporters.
Mukasey currently serves as a judicial adviser to Republican presidential hopeful Rudy Giuliani; the White House said he would sever ties with the campaign.