On September 9, 2006, I presented a piece called Symbol Susan -- "Though this be madness..." that told the tale of one Susan Lindauer and her horrific dealings with the justice system and their attempts to brand her a traitor, a spy and a generally bad person. In that piece, it was noted that she had been deemed incompetent to stand trial, and that prosecutors wanted to have her forcibly medicated with anti-psychotic drugs so they could put her on the stand. The judge -- one Michael Mukasey of the Federal District Court in Manhattan, rejected that option.

Was there any question as to her competance in absence of the drugs? No.

At least a half dozen doctors for both the defense and the prosecution have found that Ms. Lindauer suffers from delusions of grandeur and paranoia, which makes her incompetent to stand trial, the judge said.

Judge Michael Mukasey of Federal District Court in Manhattan not only doubted that the medication would have enough of an effect to enable her to stand trial, but also expressed his opinion that the government's case did not merit the standard of proof necessary to warrant forcible administration of medication.

Aside from the fact that the judge noted that even lay people could recognize that Lindauer was disturbed, he also expressed humanitarian concerns about forcing Ms. Lindauer to take medication, which, he said, "necessarily involves physically restraining defendant so that she can be injected with mind-altering drugs."

I think he had a good point there.

I freely admit that I have no background knowledge as to Judge Mukasey's other decisions throughout the course of his career, and yet in that one decision and by the words and qualifications he used to frame it, I can hear the refrain "with liberty and justice for all" echoing in the back of my mind.

Given that the BushCheney Administration isn't likely to suggest an AG who would go after them for their multitudinous criminal acts, it surprises me that they selected someone who may actually have a core backbone of integrity. It's no wonder that the White House wants to try and pre-restrict any attempts to qualify Mukasey based on their past skirting of Congressional investigations:⁴

Senate Judiciary Committee Chairman Patrick Leahy has told Attorney General-designate Michael Mukasey his confirmation could hinge on demonstrating he'll keep White House influence out of Justice Department decisions.

A key test, Leahy said in a letter to President Bush's nominee, would be Mukasey's willingness to answer questions the White House won't about a litany of issues, ranging from warrantless eavesdropping to what Mukasey would do to prevent federal prosecutors from being used to influence elections.

White House Counsel Fred Fielding has declared those details off-limits under executive privilege.

While the White House is attempting to ensure that certain assurances cannot be made, one critical comment has come to light that at least bodes well for the nominee:

Leahy and Sen. Charles Schumer, D-N.Y., have said that Mukasey told them in private meetings that he would fire any to fire any Justice Department employee who discusses sensitive cases with the White House without his approval.

Combined with the actions of Judge Mukasey in the Susan Lindauer case, we may actually have the opportunity to place a real, functioning leader with an intact sense of honor and integrity at the head of a key federal agency, one who will actually obey vs. subvert the law, and one who looks to the rights of others through the lens of the Constitution.

An attorney general who fights for freedom and justice for all.

...nobody could've forseen...er...

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Footnotes
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1. The piece cited is the Pledge of Allegiance to the Flag of the United States, and I reproduce it here in two forms:

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation, indivisible, with liberty and justice for all.

and

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.

The first form is the usage I favor, not out of any insult to anyone's deity but out of respect for everyone's. The second -- and not only more common, but actually the officially recognized version -- comes as a result of changes formally made on June 14, 1954: Flag Day.

My personal choice also reflects my rejection of increasing infiltration of our national dialogue with fundamentalist religious influences that serve only divide and sow hatred, spawning and strengthening an "American Taliban" type mindset that has led to the rise of detrimental neoconservative and fascist ideologies that do nothing but weaken the nation and taint the very flag that the faux righteous wrap themselves in. Your own mileage may vary.

2. The link doesn't go to the 1776 version. It goes to an updated, current one...from 2005, by Ted Lang illyia of DailyKos, on July 4 of this year. Go read it. Print it. Share it. Post it on walls and ceilings, on billboards and bulletin boards, in windows and on subways. Just try to be careful and don't get shot while doing it.

3. The Statue, under the reign of terror George W. Bush, in an image called "Mount Rumsfeld National Park." Another image of the Statue, perhaps more poignant due to the factors of both form and location, is this one from a wall in Harlem, New York. 4. Hat-tip to Avahome for both the first story and the gentle reminder of the role Mukasey played in. If you ever need anyone who can dig out some great information and do wonderful research, as well as initiate stories on wonderful topics, get someone like Avahome. But don't try take her away from us, or we'll send our rabid enforcement chickens after you -- she's ours! Back off! ;)

4. From the Las Vegas SUN article Leahy: Keep Politics Out of Justice. And again, hat-tip to Avahome, who provided the link.

NOTE: The original link to an "updated" Declaration of Independence was removed and replaced with the current one when elements of the "update" that I had missed were pointed out; the original link contained items that are wholly unsuitable for this piece, and the piece should not have been linked in. Many thanks to kladner from the BuzzFlash commentary for catching it and pointing it out.

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