WASHINGTON — With even Democrats expressing support for the nominee, the confirmation hearing today for Atty. Gen.-designate Michael B. Mukasey may seem short on drama.
Over his 40-year career, Mukasey, 66, has left a rich paper trail of work from which lawmakers can judge his fitness to serve, and the onetime prosecutor, private lawyer and federal judge is viewed by members of both parties as well-qualified.
"I like Judge Mukasey," Sen. Patrick J. Leahy (D-Vt.), chairman of the judiciary committee, said Tuesday after meeting privately with the nominee for the second time since President Bush named him to replace Alberto R. Gonzales. "I want him to succeed."
Still, Mukasey is facing some tough questions: How does he plan to restore morale at the Justice Department? Will he resist political pressure from the White House? Will he tell Bush if he believes the administration is veering into legally questionable terrain?
Though his confirmation appears a foregone conclusion, lawmakers and interest groups see the hearing as an opportunity to get commitments to clean up the Justice Department in the 15 months remaining of the Bush administration.
Here is a guide to some of the questions that Mukasey is likely to face and, regardless of how he answers, what legal experts say are his realistic options.
You are coming to an institution that has been engulfed in scandal. How do you plan to improve the competence, integrity and professionalism at the Justice Department?
The departure of Gonzales -- and a dozen or so subordinates -- has already improved morale. But Mukasey also faces problems in recruiting people for top leadership positions who would inspire the troops. Confidence would be shored up if he said that he had assurances from the White House to fill senior positions on his own or with limited involvement from administration political operatives.
But with the Bush administration winding down, he needs to move fast. A crucial vacancy is the head of the civil rights division, which has been especially battered by accusations of political interference. Observers say Mukasey would be smart to retain the acting deputy attorney general, Craig S. Morford, a respected career prosecutor, who has helped stabilize the department during Gonzales' final days.
The Justice Department is under investigation for allegations that Gonzales subordinates injected politics in hiring career prosecutors and in bringing voting fraud and public integrity cases. How do you plan to get to the bottom of these charges?
