Michael Mukasey - Extrajudicial Opinions On Law and Terrorism

Extrajudicial Opinions On Law and Terrorism

In May 2004, while still a member of the judiciary, Judge Mukasey delivered a speech (which he converted into a Wall Street Journal opinion piece) that defended the USA PATRIOT Act; the piece also expressed doubt that the FBI engaged in racial profiling of Arabs and criticized the American Library Association for condemning the Patriot Act but not taking a position on librarians imprisoned in Cuba.

On August 22, 2007, the Wall Street Journal published Mukasey's op-ed, prompted by the resolution of the Padilla prosecution, in which he argued that "current institutions and statutes are not well suited to even the limited task of supplementing . . . a military effort to combat Islamic terrorism." Mukasey instead advocated for Congress, which "has the constitutional authority to establish additional inferior courts", to "turn considerable talents to deliberating how to fix a strained and mismatched legal system."

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