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ANALYSIS: Mukasey seen as non-partisan judge

"A man who spent 18 years on the federal bench surely understands the importance of checks and balances."

Harry Reid, Senate majority leader

A tough-minded US judge who is close to Republican presidential hopeful Rudy Giuliani, Michael Mukasey is nevertheless seen as a non-partisan choice to restore order to the Justice Department.

Mukasey, the 66-year-old nominee of US President George W. Bush to succeed Alberto Gonzales as US attorney general, carved out a no-nonsense reputation during his 18 years as a federal judge in New York.

Among the high-profile cases he oversaw was the 1993 trial of Omar Abdel-Rahman, the "Blind Sheikh" who was sentenced to life in jail for plotting to blow up New York landmarks.

In 2003, he was the first judge tasked to review the status of Jose Padilla, who had been arrested the previous year on suspicion he was planning to detonate a radioactive bomb in the US.

Mukasey upheld Bush's deeply controversial order to place Padilla, a US national, in secret military detention without charge. But to the White House's consternation, he also ruled that Padilla must have access to a lawyer.

As attorney general, Mukasey is likely to review other such cases arising from the contested detention of "war on terror" suspects.

Speaking alongside Bush on Monday, Mukasey said the Justice Department faced "vastly different" challenges from when he was appointed an assistant federal attorney in 1972.

"Thirty-five years ago, our foreign adversaries saw widespread devastation as a deterrent; today, our fanatical enemies see it as a divine fulfillment," he said.

"The Justice Department must also protect the safety of our children, the commerce that assures our prosperity, and the rights and liberties that define us as a nation," he said.

Mukasey also spoke of his deep respect for all US government staff who "pursue justice by enforcing the law with unswerving fidelity to the Constitution."

"My fondest hope and prayer at this time is that, if confirmed, I can give them the support and the leadership they deserve," he said.

Gonzales announced his resignation last month, bowing to pressure from Democrats who saw him as a political lackey of Bush who stretched the Constitution to breaking point in his role as the nation's chief law enforcer.

Senate Majority leader Harry Reid said he was glad that Bush had chosen Mukasey instead of a "partisan administration insider."

"Judge Mukasey has strong professional credentials and a reputation for independence," the top Democrat said in a statement.

"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," the statement said.

New York Senator Charles Schumer, a Democratic admirer of Mukasey, has in the past said the judge would be a worthy pick for the US Supreme Court.

In 1987, Mukasey was nominated as a federal judge by then president Ronald Reagan. Last year, he retired as chief judge for the southern district of New York covering Manhattan and went back to a legal firm.
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