[JURIST] President Bush has decided to nominate retired federal judge Michael B. Mukasey [PBWT profile; New York Sun profile] as the next US attorney general succeeding the resigned Alberto Gonzales and will formally announce his pick Monday, according to administration and Republican Party sources cited in media reports late Sunday. Mukasey, 66, who retired from the US District Court for the Southern District of New York in 2006 after 18 years - the last six of them as Chief Judge - recently rejoined [press release] his former firm of Patterson Belknap Webb & Tyler [firm website] in Manhattan. He is seen as a likely reconciliatory nominee who could receive approval from Senate Democrats; in 2003 New York Democratic Sen. Charles Schumer put his name forward for appointment to the US Supreme Court.

Mukasey has presided over a variety of high-profile cases, including the terrorism trial of Omar Abdel-Rahman [MIPT profile] for the 1993 World Trade Center bombing. Although generally regarded as strict in national security matters, Mukasey ruled [PDF text] in March of 2003 that US citizen Jose Padilla [JURIST news archive] had to be allowed to meet with counsel despite being classified as an "enemy combatant" [JURIST news archive]. In a recent Wall St. Journal op-ed penned after the Padilla verdict Mukasey said his case illustrated "the inadequacy of the current approach to terrorism prosecutions" and suggested that Congress give "careful scrutiny" to the creation of a "separate national security court staffed by independent, life-tenured judges to deal with the full gamut of national security issues, from intelligence gathering to prosecution." Although well-respected in legal circles Mukasey is not that well-known in Washington and some Justice Department insiders have expressed concern at his lack of managerial experience. AP has more.

[JURIST] Japanese House of Representatives member Yasuo Fukuda [official website, in Japanese; Wikipedia profile], the leading candidate to succeed former Prime Minister Shinzo Abe [JURIST news archive], said Sunday that the coalition government under the Liberal Democratic Party (LDP) [party website] may take the unusual step of renewing the controversial Anti-Terrorism Special Measures Law [text] by adopting renewal measures twice in the House of Representatives, altogether bypassing the opposition-controlled House of Councillors [official website]. The legislation, originally passed in 2001 and extended annually [MOFA press release], is slated to expire November 1. The measure allows Japan to provide logistical support for allied vessels in the Indian Ocean for operations relating to Afghanistan.

Last Wednesday, Abe unexpectedly announced his resignation [BBC English translation; JURIST report] citing problems renewing the law. His office also flagged personal health concerns, and Abe was hospitalized [Japan Times report] on Thursday, suffering from stress and exhaustion. Abe had previously threatened to resign [JURIST report] if the anti-terrorism law was not renewed. The opposition Democratic Party of Japan (DJP) [party website] is opposed to Japanese participation in military operations not sanctioned by the United Nations. Thompson Financial has more.

[JURIST] Former federal judge Michael B. Mukasey [PBWT profile] is emerging as the leading candidate to head the US Department of Justice, the New York Times and AP reported Saturday. Mukasey, who retired from the US District Court for the Southern District of New York in 2006 after 18 years, has been previously endorsed by Sen. Charles Schumer (D-NY) [official website] for the US Supreme Court and is seen as a likely reconciliatory nominee who could receive approval from Senate Democrats. Mukasey has presided over a variety of high-profile cases including the terrorism trial of Omar Abdel-Rahman [MIPT profile] for the 1993 World Trade Center bombing. Mukasey ruled [PDF text] in March of 2003 that Jose Padilla [JURIST news archive] had to be allowed to meet with counsel despite being classified as an "enemy combatant" [JURIST news archive].

Alberto Gonzales [JURIST news archive] resigned as attorney general late last month after a controversial 2 1/2 year stint. Others including former Solicitor General Theodore Olson [JURIST report], have been touted as possible candidates for the AG post, but Senate Democrats have vowed to oppose Olson's nomination [JURIST report]. In the interim, Solicitor General Paul Clement [official profile] is currently serving as acting attorney general. The New York Times has more. AP has additional coverage.

[JURIST] US Assistant Attorney General Kenneth L. Wainstein [official profile], head of the US Department of Justice's National Security Division (NSD) [official website], is seeking to reassure members of Congress that the Protect America Act 2007 [S 1927 materials] is not over-broad and will not allow government authorities to conduct warrantless domestic searches, the Washington Post reported Saturday. The Protect America Act gives the Executive Branch expanded surveillance authority for a period of six months while Congress works on long-term legislation to "modernize" FISA, the Foreign Intelligence Surveillance Act [EFF Q/A] establishing judicial oversight of domestic wiretapping. In a letter sent to Congress Friday, Wainstein reiterated the Bush administration's position that the new legislation, which "could be read to authorize the collection of business records of individuals in the United States," will not be used for such surveillance. Wainstein also indicated that the administration is open to revisiting the legislation to address concerns by critics that the legislation allows domestic warrantless physical searches.

Critics allege that the the Protect America Act, passed [JURIST report] by Congress in August, does not sufficiently narrow the scope of surveillance because it authorizes electronic surveillance as long as the investigation concerns a "person" outside of the United States. The Center of Constitutional Rights [advocacy website] has already filed a legal challenge to the law, contending it violates the Fourth Amendment [press release; JURIST report] because it removes judicial oversight for spying and "leaves it to the executive branch to monitor itself." The Washington Post has more.