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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: Peter Dierks who wrote (22802)9/19/2007 10:34:16 AM
From: Peter Dierks  Read Replies (1) | Respond to of 71588
 
Earth to Washington: Mukasey fits the job. Don't screw up this one.

Tuesday, September 18, 2007 12:01 a.m. EDT

If the legal issues that have most preoccupied Washington the past six years are suggestive, then President Bush has found the right man to be Attorney General in Michael Mukasey.

From the moment the White House proposed and Congress passed the Patriot Act after September 11, Washington has struggled to create a set of policies for the war on terror that weighs the role of civil liberties with the need to fight a determined and mortal enemy. Mr. Mukasey's professional life stood at the center of these tough legal issues six years before September 11.

As a federal judge in the southern district of New York, Judge Mukasey presided over the 1995 trial of Sheikh Omar Abdel Rahman, the "blind sheikh," whom the government charged with a plot to blow up the United Nations building, the George Washington Bridge and the Lincoln and Holland tunnels. After a nine-month trial and conviction, Judge Mukasey sentenced Abdel Rahman to life in prison.

In rejecting an appeal of that conviction, the Circuit Court said of Judge Mukasey's handling of the blind-sheikh case that he "presided with extraordinary skill and patience, assuring fairness to the prosecution and to each defendant and helpfulness to the jury. His was an outstanding achievement in the face of challenges far beyond those normally endured by a trial judge." Afterward, along with Judge Kevin Duffy who handled a related case, Judge Mukasey for years received protection from the U.S. Marshals Service, in response to credible threats against him.

That is to say, Judge Mukasey as well as any lawyer in the U.S., understands what is normal and what is not normal about the war on terror. As such he has more than adequate standing to discuss these matters with Congress, in good faith, and then preside over the Justice Department's administration of them.

It remains to discover whether Senate Democrats will be willing to engage Judge Mukasey at this level of seriousness, or whether their primary target remains the Bush Presidency itself. After Ted Olson's name was floated for the job last week, Judiciary Committee Chairman Pat Leahy put out a statement that the AG nominee must be willing to "act as an independent check on this administration's expansive claims of virtually unlimited executive power." We thought Senator Leahy's party had to win the Presidency before writing Justice Department policy.

In the past Judge Mukasey has shown he can push back hard against arid accusations. In 1994, William Kunstler argued that Mr. Mukasey's Judaism demanded recusal in the trial of an accused Muslim terrorist. Citing similar attempts against black judges and even Mormons, Judge Mukasey wrote: "The objection here is not based on race or sex or the Mormon religion, but the motion in this case is in all relevant ways the same as the motions in those cases. It is the same rancid wine in a different bottle."

Judge Mukasey has written op-ed articles for The Wall Street Journal defending the Patriot Act and describing the limitations of existing legal institutions and statutes to handle terrorist cases. On the latter, Judge Mukasey wrote that shaping an adjudicatory framework suitable for handling this special class of terror defendants is Congress's job. Congress, he said, needs to "fix a strained and mismatched legal system before another cataclysm calls forth from the people demands for hastier and harsher results."

If there is reason at all for concern in the Mukasey nomination, it would be that the level of seriousness he has brought to bear on these problems, from the bench and in his writings, has become largely alien to life in official Washington. Thus we wonder whether Judge Mukasey realizes how poisonous Washington has become and whether he has the hide to survive it.

Inside the Administration, he can probably resist those at the State Department who want to close Guantanamo, largely because they haven't offered a credible alternative. The bigger test will be the Democratic demand for a special counsel to investigate the U.S. attorney firings. He'll have to resist this assault on executive authority, even at the risk of not being confirmed.

Notwithstanding Judge Mukasey's past support from Senator Chuck Schumer (with the President's announcement, the Senator's inevitable caveats are already landing), the nomination is going to need active political cover from the White House. Its behavior the past several days makes that an open question.

After Ted Olson's name floated out of the Washington vapors last week, he was subjected to an absurd attack on his "partisanship" from Harry Reid and Mr. Leahy. Set aside that Mr. Olson is widely regarded as one of the nation's top Constitutional lawyers arguing cases before the Supreme Court or that he served as Solicitor General without a peep of partisan accusation.

Shorn of the rhetoric, Mr. Olson's offense was providing legal services to one party's political opponents, a standard that would disqualify half the D.C. bar from serving in a Clinton Administration. The upshot was that Mr. Bush angered natural allies by letting a loyal conservative take it in the neck for days, and he opened himself to the appearance of backing down against Mr. Reid's threat to block an Olson nomination.

Against all this, Michael Mukasey's nomination to be Attorney General is salutary. For the Democrats, it offers an opportunity to set aside wheel-spinning obsessions like the U.S. attorney firings and focus on the manifestly more serious issue of thwarting terror plots. As for the Bush Presidency, it at last may have an Attorney General who has the heft to make the legal case for the tools needed in this war.

Earth to Washington: You finally have the right man for the right job at the right time. Try not to screw this one up.

opinionjournal.com



To: Peter Dierks who wrote (22802)9/26/2007 1:24:08 AM
From: Peter Dierks  Respond to of 71588
 
Saad Ibrahim is being punished for supporting our democracy agenda. What is Washington going to do?

BY JOSHUA MURAVCHIK
Sunday, September 23, 2007 12:01 a.m. EDT

Far from the public eye a drama is playing out that will have the utmost consequences for the Bush administration's goal of promoting democracy in the Middle East. The region's most prominent dissident, Egyptian sociologist Saad Edin Ibrahim, suddenly finds himself in a kind of perambulatory exile, hopping from conference to conference--in nine countries in the last three months. The one place he dare not go is home to Egypt because well-placed officials have warned him not to put himself within President Hosni Mubarak's grasp.

What has Mr. Ibrahim done to enrage President Mubarak? He has loudly advocated democracy in public writings, interviews with Western reporters, and, most unforgivably, in a face-to-face meeting with President Bush. As a result, members of Mr. Mubarak's ruling National Democratic Party filed nine formal requests with the state prosecutor's office this summer for indictments against Mr. Ibrahim, for "damaging the state's economic interests" and even "treason." The state-run press has conducted a smear campaign against him.

Most recently, Egypt's largest paper, Al Ahram, carried a front-page editorial signed by Osama Saraya, its editor in chief, that branded Mr. Ibrahim an "agent" of the outlawed Muslim Brotherhood and a "criminal." Still more ominously, the author averred that Mr. Ibrahim had "repeated his old crime itself by giving false information to a foreign reader" to obscure "the environment of freedom and reform that Egypt lives in."

The real point of this absurd argument was to encourage and justify a repetition of the ordeal to which the Egyptian state subjected Mr. Ibrahim seven years ago. In 2000 he became the region's most celebrated political prisoner when he was jailed on spurious charges stemming from the efforts of his Ibn Khaldun Center to monitor Egyptian elections. Altogether he spent two years behind bars before Egypt's highest and most politically independent judicial body, the Court of Cassation, overturned his conviction. Alas, this did not come before his health had been permanently damaged.

Torture is all too common in Egyptian prisons, but his jailers were reluctant to leave scars on Mr. Ibrahim because the U.S. government followed his case closely. (He is married to an American and holds American as well as Egyptian citizenship.) Instead they resorted to sleep deprivation. After 45 days of being roughly wakened each time he started to doze, Mr. Ibrahim suffered a stroke.

A fit, athletic man who was still jogging at the age of 60, Mr. Ibrahim, 68, now walks with a severe limp. Another term in prison could literally seal his doom. Worse, Egyptian dissidents do not put it past the intelligence services, or mukhabarat, to arrange an "accident" that would rid Mr. Mubarak of this meddlesome advocate without generating the international campaign that will ensue if he is imprisoned. They point to the recent mysterious defenestration in London of Ashraf Marwan, an alleged spy for Israel, whose death the Israeli press suggests might have been caused by Egyptian agents. Fears of such dirty tricks are not paranoid: Just prior to Mr. Ibrahim's imprisonment in 2000, an unidentified truck ran his car into a ditch.

The campaign against Mr. Ibrahim is the latest evidence that Egypt is marching backwards on democracy and human rights. In his 2005 State of the Union Address, President Bush had called upon "the great and proud nation of Egypt [to] show the way toward democracy in the Middle East." When Mr. Mubarak announced Egypt's first ever presidential election, it seemed as if his exhortation was being heeded. To no one's surprise, the election was not fair, but hopes for the future were kindled by Mr. Mubarak's pledge to inaugurate an era of political reform after his re-election.

Instead, Mr. Mubarak had his main competitor, Ayman Nour, tossed in prison on trumped up charges, where he languishes in declining health. Mr. Mubarak then pushed through constitutional "reform" in the form of 35 amendments adopted as a single indivisible package, precluding meaningful deliberation. This was followed by arrests of dissident bloggers and other critics--both secular and Islamist--and then by the vicious persecution of a group of "Quranists," Muslim reformers who want a return to original Scripture as opposed to subsequent interpretations that are often more narrow-minded. Now, the hounding of Mr. Ibrahim completes the mockery of the hopes of 2005.

The new attacks on Mr. Ibrahim began in late May this year when the wife of the emir of Qatar hosted a conference to launch the Arab Foundation for Democracy. The Qatari government endowed it with $10 million with which to support reformers in the region, and Mr. Ibrahim was named to the board. Some of Egypt's state-controlled media portrayed the whole operation as a front for Mr. Ibrahim's disloyal activities. Ironically, he had been condemned previously for accepting Western donations for pro-democracy work, but now it turned out that Arab donations were no better. Apparently it was the purpose of the funds, rather than their source, that made them taboo.

A week later, Mr. Ibrahim spoke at a conference on democracy held in Prague, where President Bush met with him and dissidents from other countries. The Egyptian press again went into high dudgeon--some even dubbing Mr. Ibrahim's organization the "Son of Zion Center"--when Mr. Bush, in his highly publicized speech there, mentioned Ayman Nour as one of those "who couldn't join us because they are being unjustly imprisoned." The other absentees named by Mr. Bush were from Belarus, Burma, Cuba and Vietnam. The Egyptian government bristled at being placed in such company and accused Mr. Ibrahim of putting Mr. Bush up to it.

In his own Prague remarks, Mr. Ibrahim appealed to Western governments: "As freedom fighters, we ask you to stop supporting dictators in our countries. . . . in the name of stability and continuity." Soon thereafter, the U.S. House of Representatives voted to reduce U.S. aid to Egypt by $200 million unless that country showed progress on human rights. Mr. Mubarak blamed Mr. Ibrahim.

All of this has profound consequences not only for Mr. Ibrahim and Egypt, but for Washington, too. Mr. Ibrahim is being persecuted more for the actions of the U.S. president and Congress than for what he, himself, did. Can we tolerate this? In May, the Syrian dissident Kamal Labwani was sentenced to years in prison for the simple act of meeting U.S. officials. But Syria is a hostile state, an unindicted co-conspirator in the Axis of Evil. Egypt, in contrast, is an ally to which we give $2 billion each year.

This relationship, of course, is exactly the problem. No U.S. administration wants to butt heads with Egypt, and the Senate declined to go along with the House's conditional cut in Egypt's aid.

Mr. Mubarak may see Mr. Ibrahim's alleged offenses as a matter of national honor. But is our own national honor not also at stake if someone, an American citizen no less, is persecuted for holding a conversation with the president of the U.S.? Somehow, Mr. Bush and Congress must convey a stern warning to Mr. Mubarak: Hands off Saad Edin Ibrahim.

Mr. Muravchik, a resident scholar at the American Enterprise Institute, is writing a book about democrats in the Middle East.

opinionjournal.com