Legal News

McCain: Obama?s Judges Would Coddle Criminals

By Dan Slater

Sen. John McCain sings God Bless America at an Arizona Diamondbacks game, May 4, 2008. (AP Photo/Jeff Chiu)

The National Law Journal invited John McCain, Barack Obama, Sarah Palin and Joe Biden to write op-eds about their views on “the rule of law, the federal court system, judicial appointees and priorities for the U.S. Department of Justice.” So far, only McCain accepted the offer. Tomorrow’s NLJ will feature this article.

Frankly, we’re a little disappointed. McCain begins the article with a call for “a new direction — different from the path pursued by the current administration, and also different from the failed liberal policies of the past proposed by Senator Barack Obama.” He writes that we, the voters, “deserve more than platitudes,” but then goes on to propose a litany of vague policies for the legal system. Here’s a break-down:

Keeping the DOJ politically neutral: For starters, we applaud McCain for even addressing this issue. Surprisingly, for the Law Blog, the candidates have largely avoided the topic of how to right the embattled DOJ, post-U.S. Attorney Mess. In the short term, at least, we think the next president’s approach to cleaning up the DOJ will have a larger impact on the country’s legal system than their thoughts on jurisprudence and Supreme Court nominees. Yet, on this topic, McCain merely writes: “My first objective would be to ensure that the department is, and remains, above the political fray. The department must function with integrity and effectiveness above all else.”

Focusing law enforcement: McCain wants “to bolster law enforcement programs that will aid our struggling economy and address the ongoing threat of terrorism.” He writes: “Those who make a mockery of rules designed to keep our markets transparent and efficient must be brought to justice. . . Effective enforcement of our nation’s securities and banking laws will help accomplish these goals.” McCain emphasizes the importance of the FBI’s mortgage fraud task force.

Appointing strict-constructionist judges: “Terrorists are not the only threat to public safety,” McCain segues, ” . . . judges who legislate from the bench . . .continue to force our innocent citizens behind the barred windows of their homes and allow criminals to roam free.” McCain advocates for enforcement of federal laws to tackle violent crime ad interstate criminal activity. “None of these law enforcement efforts will succeed without a judiciary that understands its proper role and its proper mission. Senator Obama would appoint liberal activist judges and supply them with greater sentencing discretion. I will appoint judges who will strictly interpret our Constitution. Senator Obama’s judges would coddle criminals. I will appoint judges who will hold criminals accountable.”

An e-mail to the Obama campaign was not immediately returned.

Full post as published by Law Blog - WSJ.com on October 26, 2008 (boomark / email).