Editorial: A matter of trust

Tuesday, Sept. 18, 2007 | 7:04 a.m.

President Bush has nominated retired federal Judge Michael B. Mukasey as his choice for the nation's attorney general, hoping the conservative will pass muster with Senate Democrats and avoid a contentious confirmation process.

Bush said Monday that Mukasey will know how to effectively fight the war on terrorism "in a manner that is consistent with our laws and our Constitution."

Mukasey, 66, is a former assistant U.S. attorney and served 19 years as a U.S. District Court judge in New York - a post to which President Ronald Reagan appointed him in 1987. He retired from the bench last year.

Matters of national security are said to be among Mukasey's strengths, The Washington Post reports, as he presided over the trials of those connected with the 1993 World Trade Center bombing and also over the early stages of the case involving Jose Padilla, whom Bush declared an "enemy combatant" in 2002. In his ruling, Mukasey upheld Padilla's right to consult his lawyer.

After receiving Bush's nomination Monday, Mukasey said the Justice Department's principles are "to pursue justice by enforcing the law with unswerving fidelity to the Constitution."

Alberto Gonzales has shown us what happens when such loyalty is absent. Gonzales, a Bush loyalist, resigned last month during the ongoing controversy over his firing of nine U.S. attorneys and questions as to whether he lied while testifying before Congress.

Democrats are cautiously supportive of Mukasey. Senate Majority Leader Harry Reid of Nevada said Monday that Mukasey's credentials are strong , as is his "reputation for independence." Mukasey's years as a federal judge illustrate that he "surely understands the importance of checks and balances and knows how to say no to the president when he oversteps the Constitution," Reid said.

We hope Reid is correct. But, as Reid also noted, the Senate must be thorough in its confirmation hearings. Senators must press Mukasey about his views on enforcing the Constitution and protecting civil liberties. This nation needs someone who has the integrity and courage to oppose the White House when needed and restore credibility to the U.S. attorney general's office.