Mukasey vows to stand up to the White House

WASHINGTON (Reuters) - U.S. attorney general nominee Michael Mukasey denounced torture on Wednesday and pledged to stand up to the White House in pursuit of justice if confirmed to replace Alberto Gonzales, who critics viewed as a political tool of the administration.

"Legal decisions and the progress of cases are decided by facts and law, not by interests and motives," the retired judge and former federal prosecutor told Congress.

Mukasey made his comments as the Senate Judiciary Committee opened its confirmation hearings on his nomination by President George W. Bush to lead the Justice Department as chief U.S. law enforcement officer. The hearing is to resume on Thursday.

During several hours of testimony, Mukasey said that as attorney general he would review the department's legal justifications for the president's national security policies -- including interrogation, detention and surveillance -- to make sure they are sound and "change them if they are not."

With Mukasey receiving bipartisan support and headed toward anticipated Senate confirmation, Committee Chairman Patrick Leahy, a Vermont Democrat, expressed hope Mukasey would rebuild what he described as a battered and demoralized department.

"Restoring the Department of Justice begins by restoring integrity and independence to the position of attorney general," Leahy said.

"The Justice Department's mission includes advising the other departments and agencies of government, including the president, on what choices they are free to make and what limits they face," Mukasey said.

Under questioning, Mukasey said he would resign if he was unable to get Bush to drop any initiative that he might believe was unlawful.

Mukasey also repudiated a 2002 torture memo by an assistant attorney general that allowed harsh interrogation methods. The memo was later rescinded under pressure.

"We are party to a (international) treaty that outlaws torture," Mukasey said when asked about the memo. "Torture is unlawful under the laws of this country. The president has said that in an executive order."

Despite Bush's assurances that the United States does not use torture, it remains unclear how detainees are treated since the administration has refused to disclose interrogation techniques, raising broad concerns.

Gonzales resigned last month under pressure in Congress from Democrats and fellow Republicans who questioned his honesty and competency on a number of fronts -- from his firing last year of nine U.S. prosecutors to his defense of Bush's embattled warrantless domestic spying program.

Gonzales is now a subject of a Justice Department probe into whether he mislead lawmakers in congressional testimony.

The department is also looking into an admission by a former Gonzales aide that she considered a person's politics in hiring career personnel at the Justice Department.

HIRING BASED ON ABILITY

Mukasey said if confirmed, "Hiring is going to be based solely on competence and ability and dedication and not based on whether someone has an 'R' (Republican) or a 'D' (Democrat) next to their name."

As chief judge of the U.S. District Court for the Southern District of New York, Mukasey demonstrated independence in presiding over a number of high-profile terrorism cases.

In a split decision in 2002, Mukasey opposed the White House and said it had to give Jose Padilla, accused of planning "a dirty bomb" attack, access to legal counsel.

But Mukasey also backed the administration in ruling it could hold Padilla as an "enemy combatant" even though he was a U.S. citizen -- a decision later reversed on appeal.

In testifying to Congress, Mukasey underscored the need to balance civil liberties with national security.

In nominating Mukasey, Bush sought to avoid a fight with the Democratic-led Congress and even join efforts to restore morale and public confidence at the Justice Department.

Bush urged the full Senate to confirm Mukasey by next week, but it was not immediately clear when there would be a confirmation vote. The hearing could stretch into Friday.

(Additional reporting by Jim Vicini and Andy Sullivan)