When it comes to the Fourth Amendment, take a look at Mukasey’s decision in United States v. De La Paz.

On the facts and circumstances presented here, answering Bulton's cellular telephone was not unreasonable. In fact, it would be unreasonable to hold otherwise-that is, to establish a rule that required law enforcement agents to obtain a warrant under circumstances like these.

It takes some time to outline the facts, but they are in the link to the case, above.

I’m going through the 3,190 published cases in which Mukasey was a judge or attorney. It will take a bit of time (I wish I had a staff for ones like these!) … I hope to have something later tomorrow.

The Bill of Rights is a born rebel. It reeks with sedition. In every clause it shakes its fist in the face of constituted authority. . . . it is the one guaranty of human freedom to the American people. - Frank Irving Cobb

Will you acknowledge the fact that there is a process to amend the constitution which has not been followed in the case of the Military Commissions Act, which purports to suspend the writ of habeas corpus? Will you therefore file charges of kidnap for every case where a 'terror suspect' has been held without charges for more than 24 hours?

...however, there is no need to amend the Constitution (MCA or otherwise) if the President invokes Article I, Sec. 9, Part 2:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Bush's claim of authority to suspend habeas given his broad definitions of "invasion" and "public safety" (among the many others in his expansion of the Unitary Executive) is somewhat founded in the text of the Constitution.

A case for unlawful imprisonment would be a tough road - especially considering the bench he has stacked.

The Bill of Rights is a born rebel. It reeks with sedition. In every clause it shakes its fist in the face of constituted authority. . . . it is the one guaranty of human freedom to the American people. - Frank Irving Cobb

Maybe reframe the question to underline that any suspension must be temporary--and all three co-equal branches of government need to be involved.

We. Are. Going. To. Die. We must restore hope in the world. We must bring forth a new way of living that can sustain the world. Or else it is not just us who will die but everyone. What have we got to lose? Go forth and Fight!—Xan

And it is not necessarily indicative of his bent, however:

Mukasey's son is an attorney in Texas - the name of the firm? - Bracewell & Giuliani (as in Rudy - oh the tangled web we weave)

The decisions I've read so far - scary (sorry, Chuck) - of particular interest, a case regarding Gulf Oil Corp. (now Cheveron).

I'm working through Westlaw, so I don't have a readily accessable link - maybe you can find it - Cities Service Co. v. Gulf Oil Corp, 980 P.2d 116 (Ok. 1999).

The Bill of Rights is a born rebel. It reeks with sedition. In every clause it shakes its fist in the face of constituted authority. . . . it is the one guaranty of human freedom to the American people. - Frank Irving Cobb

Cities Service Co. v. Gulf Oil Corp, 980 P.2d 116 (Ok. 1999)

Brave lad, Shane-O, hope your eyes hold out.

Statement in full:

Comment Of Senator Patrick Leahy, D-Vt.,
Chairman, Senate Judiciary Committee,
On White House Selection Of Michael Mukasey To Be Attorney General Nominee
September 17, 2007

“The Judiciary Committee will approach consideration of the nomination of an Attorney General in a serious and deliberate fashion. The Administration took months determining that a change in leadership was needed at the Department of Justice and then the President spent several weeks before making a nomination. Our focus now will be on securing the relevant information we need so we can proceed to schedule fair and thorough hearings. Cooperation from the White House will be essential in determining that schedule.

“The next Attorney General needs to be someone who can begin the process of restoring the Department of Justice to its proper mission. I am hopeful that once we obtain the information we need and we have had the opportunity to consider the nomination, we will be able to make progress in this regard.”

Hope Leahy sticks to his guns.

... it doesn't say what to do about existing outstanding subpoenas.

OTOH, maybe it's just another turn of the thumbscrew....

We. Are. Going. To. Die. We must restore hope in the world. We must bring forth a new way of living that can sustain the world. Or else it is not just us who will die but everyone. What have we got to lose? Go forth and Fight!—Xan