A Lexis search indicates that Michael Mukasey, President Bush's nominee for Attorney General, decided only few cases involving free exercise claims during his 18-year tenure as a federal district judge in New York. The major decision he wrote was in United States v. Rahman, 1994 U.S. Dist. LEXIS 10151 (SDNY, 1994), in which defendant, charged with conspiracy to commit urban terrorism, raised First Amendment objections. Mukasey wrote: "it is the rare offense, particularly the rare conspiracy or aiding and abetting offense, that is committed entirely in pantomime. However, that speech -- even speech that includes reference to religion -- may play a part in the commission of a crime does not insulate such crime from prosecution."
In three cases, Mukasey denied prisoner free exercise claims: Robinson v. Scully, 1990 U.S. Dist. LEXIS 3632 (SDNY, 1990) (removal of prisoner's kufi during search); Prins v. Coughlin, 1995 U.S. Dist. LEXIS 8673 (SDNY, 1995) (Jewish prisoner protests lack of hot kosher food); Salahuddin v. Mead, 2000 U.S. Dist. LEXIS 3932 (SDNY, 2000) (Muslim prisoner denied access to chaplain during prison work program hours).
