Attorney General’s Call to Legislate Detainee Policy Rankles SenatorsAttorney General Michael Mukasey angered Democratic senators when he made an unexpected call for Congress to step in and legislate detainees rights, rather than waiting for federal court proceedings.
Speaking at the American Enterprise Institute this morning, Mukasey spoke to the “unanswered questions” raised by the Supreme Court decision of Boumediene v. Bush, which stated that detainees are protected by the right to habeas corpus. Mukasey called the Court’s decision a “disappointment,” and said the court stopped “well short of detailing how the habeas corpus proceedings must be conducted.” Currently, over 200 cases are waiting to be heard in federal court related to the Supreme Court’s ruling, a problem Mukasey thinks could be circumvented by Congressional action:
Congress and the executive branch are affirmatively charged by our Constitution with protecting national security, are expert in such matters, and are in the best position to weigh the difficult policy choices that are posed by these issues.
Judges play an important role in deciding whether a chosen policy is consistent with our laws and the Constitution. But it is our elected leaders who have the responsibility for making policy choices in the first instance.
Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, issued a statement today, slamming Mukasey for failing to consult or inform the Committee of his thoughts before his speech:
“The Committee has held a wide range of hearings on issues of detainee rights and procedures. Attorney General Mukasey’s call today for Congress to create new rules for these habeas proceedings is the first I have heard from the Administration on this issue,” Leahy said. “The Administration made this mess by seeking to avoid judicial review at all costs, causing years of delay and profound uncertainty.”
Sen. Russ Feingold (D-WI) echoed Leahy’s comments. “Our federal courts are capable of handling these cases,” he said. “By repeatedly mishandling these cases, the administration has delayed justice from being served.”
[Late update]: Senate Majority Leader Harry Reid (D-NV) just chimed in with a statement from the Senate floor.
“As a result of its repeated efforts to circumvent the requirements of the Geneva Conventions and the Constitution, the Bush administration has yet to bring to justice the perpetrators of the terrorist attacks of September 11,” he said. “The courts are well equipped to handle this situation, and there is no danger that any detainee will be released in the meantime.”
