Bush considers ex-judge for new attorney general

WASHINGTON – Michael B. Mukasey, a former federal judge regarded as an expert on national security issues, has emerged as the leading candidate to replace Alberto R. Gonzales as attorney general, several conservatives close to the White House said Saturday.

The sources said that President Bush is close to announcing his nominee, possibly doing so as early as Monday, and that Mukasey has vaulted to the top over other contenders, including former solicitor general Theodore B. Olson, whose chances may have been damaged after the Senate’s top Democrat vowed to block his confirmation.

One source close to the White House, describing Mukasey as the clear “front-runner,” said Bush advisers appear to have decided that “they didn’t want a big fight over attorney general” in the Senate, especially when other qualified candidates are also available. The source said Olson, who represented Bush in the Supreme Court fight over the contested 2000 election, would be seen as “very political,” despite his outstanding legal credentials.

Another well-connected GOP source, who also spoke on the condition of anonymity in discussing internal White House deliberations, said that Mukasey is “the leading candidate.” He described Mukasey – the former chief judge of the U.S. District Court for the Southern District of New York – as a conservative on counterterrorism issues, such as electronic surveillance, and said that he has a solid reputation and is seen by Bush aides as “confirmable.”

That posture may not sit well with some conservatives in the legal world, who have relished the prospect of a confirmation fight over Olson. But it may signal a White House desire to restore order to the Justice Department, which has experienced considerable turmoil because of controversies surrounding Gonzales, including his handling of the firing of federal prosecutors.

“I think Mike Mukasey would be a first-rate pick. He’s really a tough-as-nails judge. He has very strong law-and-order values,” said Jay P. Lefkowitz, a former White House domestic policy adviser who practices law in New York.

“Conservatives might have some serious concerns with Mukasey,” said one Republican close to the White House. “He’s not well known in the community.” On the other hand, this Republican noted, it would be a one-year-plus tenure as attorney general, not a lifetime appointment to the Supreme Court, and, therefore, conservatives may decide it is not worth bolting from Bush.

White House press secretary Dana Perino declined Saturday night to comment on possible names but said an announcement “will be made relatively quickly.”