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WASHINGTON — The Judiciary Committee advanced Attorney General designate Michael Mukasey's nomination to the Senate floor Tuesday, virtually ensuring confirmation for a former judge ensnarled in bitter controversy over terrorism-era prisoner interrogations.
The 11-8 vote came only after two key Democrats accepted his assurance to enforce any law Congress might enact against waterboarding.
The White House and Senate Republicans called for a swift confirmation vote, which is expected by the end of next week.
"We appreciate the vote of senators on the Judiciary Committee to forward the nomination of Judge Michael Mukasey to the full Senate," White House press secretary Dana Perino said. "Judge Mukasey has clearly demonstrated that he will be an exceptional attorney general at this critical time."
Though Mukasey is expected to easily win confirmation by the full Senate, Democrats and some Republicans were far from satisfied with his answers on torture, presidential signing statements and executive power.
Mukasey's assurances on torture that won over Democratic Sens. Dianne Feinstein and Chuck Schumer was disingenuous, according to Committee Chairman Patrick Leahy, D-Vt.
"Unsaid, of course, is the fact that any such prohibition would have to be enacted over the veto of this president," said Leahy.
But Schumer, who suggested Mukasey to the White House in the first place, countered that the nominee's statements against waterboarding and for purging politics from the Justice Department amount to the best deal Democrats could get from the Bush administration.
"If we block Judge Mukasey's nomination and then learn in six months that waterboarding has continued unabated, that victory will seem much less valuable," he wrote in an op-ed in Tuesday's editions of The New York Times.
Feinstein, D-Calif., said her vote for Muksaey's confirmation came down in part to practicality. If Mukasey's nomination were killed, she said, Bush would install an acting attorney general not subject to Senate confirmation and make recess appointments to fill nearly a dozen other empty jobs at the top of Justice.
"I don't believe a leaderless department is in the best interests of the American people or of the department itself," Feinstein said. Bush, she added, "appointed this man because he believes he is mainstream."
Support for Mukasey from Schumer and Feinstein virtually assured the former federal judge the majority vote he needed to be favorably recommended by the 19-member committee. He was expected to win confirmation handily, and the vote is likely before Thanksgiving.
Many Democrats came out in opposition to Mukasey after he refused to say unequivocably that so-called waterboarding — an interrogation technique that makes the victim believe he is drowning — is tantamount to torture and thus illegal under domestic and international law.
Mukasey rankled Democrats during his confirmation hearing by saying he was not familiar with the waterboarding technique and could not say whether it was torture.
Even Sen. Arlen Specter, the panel's ranking Republican, called that explanation "a flimsy excuse" and suggested instead that Muksaey declined to call waterboarding illegal torture because he wanted to avoid putting at legal risk U.S. officials who may have engaged in the practice.
But Specter, of Pennsylvania, said that outlawing waterboarding rests with Congress. He revealed that he had talked with Mukasey a day earlier and received an assurance that the nominee would back up any such legislation and quit if Bush ignores his opinion.
Thus, Specter said, Mukasey had won his support.
Legal experts cautioned that if Mukasey called it torture, that effectively could have constituted an admission that the United States engaged in war crimes. It could also commit him to prosecuting U.S. officials even before he takes office.
© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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- Regions: United States , Washington DC
 | Mukasey to be sworn in as attorney general | CNN | Fri Nov 9 | 2 |
 | Specter Says He Will Back AG Nominee | Associated Press | Sun Nov 4 | 8 |
| Victory for Torture: Mukasey Wins Vote in Senate, Despite Democrats' Doubts | The New York Times | Fri Nov 9 | 1 |
| Senate Moves to Confirm Mukasey As AG | Associated Press | Thu Nov 8 | 10 |
| Senate Democrats endorse Mukasey, torture | Party for Socialism and Liberation | Wed Nov 7 | 6 |
- Public Discussion (26)
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{"commentId":1161333,"authorDomain":"themadchef"}
Can we believe ANYTHING that comes out of this administration?
You think they only just do waterboarding? How about joining the rest of the civilized world and outlawing torture PERIOD?
{"commentId":1161333,"threadId":"172126","contentId":"1076783","authorDomain":"themadchef"}
- 5 votes
#1 - Tue Nov 6, 2007 9:58 AM EST{"commentId":1161377,"authorDomain":"miasma"}
How about we waterboard people who think this ok behavior? I feel even sorrier for US troops captured in battle. We just told the world thajavascript:void(postCommentandVote());
javascript:void(postCommentandVote());t we are ambivalent about torture.
{"commentId":1161377,"threadId":"172126","contentId":"1076783","authorDomain":"miasma"}
- 4 votes
{"commentId":1162033,"authorDomain":"PamelaDrew"}
How about we waterboard people who think this ok behavior?
I agree, but there isn't much room in this criminal government of ours for the truth or those who tell it.
Daniel Levin, a former top official in Bush?s Justice Department, isn?t exactly a household name, but his story is worth considering. As the acting head of the Justice Department?s Office of Legal Counsel in 2004, Levin recognized interrogation techniques approved by the Bush administration were pushing the legal envelope, and became so concerned about waterboarding that he experienced it personally so he could report on its application.
Not surprisingly, Levin concluded that waterboarding is torture, and sought to advise his superiors. He was rewarded for his efforts with a pink slip.
The full story of Levin is at Carpetbagger.
{"commentId":1162033,"threadId":"172126","contentId":"1076783","authorDomain":"PamelaDrew"}
- 3 votes
{"commentId":1162062,"authorDomain":"PamelaDrew"}
I decided to seed the article along with Keith Olbermann's special comment from last night that talks about how the entire system of Justice is being twisted to cover the crimes of the Bush Regime(my term not Keith's)
{"commentId":1162062,"threadId":"172126","contentId":"1076783","authorDomain":"PamelaDrew"}
- 2 votes
{"commentId":1161384,"authorDomain":"lele"}
vow to enforce any law Congress might enact against waterboarding
Isn't that what he's supposed to be doing anyway? Does he need to make a special vow to them? That is not the issue. The issue is whether or not he accepts 'torture'.
Get rid of him. Get someone with some convictions and prosecute the hell out of Gonzales et al.
{"commentId":1161384,"threadId":"172126","contentId":"1076783","authorDomain":"lele"}
- 5 votes
#2 - Tue Nov 6, 2007 10:19 AM EST{"commentId":1161594,"authorDomain":"JoulesBeef"}
ballless dems
makes me want to puke
I am so ashamed to be an american.
{"commentId":1161594,"threadId":"172126","contentId":"1076783","authorDomain":"JoulesBeef"}
- 5 votes
#3 - Tue Nov 6, 2007 11:28 AM EST{"commentId":1161708,"authorDomain":"eviefalcon"}
Now, somebody please explain to me why the Democrats have No Balls.
{"commentId":1161708,"threadId":"172126","contentId":"1076783","authorDomain":"eviefalcon"}
- 7 votes
#4 - Tue Nov 6, 2007 12:00 PM EST{"commentId":1161772,"authorDomain":"worldlybedouin"}
As a Democrat, I can let you in on a little secret. In order to join the Democratic party one must give up their balls and spine. After all what good do those serve?? ;-)
{"commentId":1161772,"threadId":"172126","contentId":"1076783","authorDomain":"worldlybedouin"}
- 2 votes
{"commentId":1162040,"authorDomain":"PamelaDrew"}
Crime and corruption are on both sides of the aisle and the idea of two parties with opposing views is simply a technique to argue about the meaningless nonsense while letting the crimes slide by under the radar.
{"commentId":1162040,"threadId":"172126","contentId":"1076783","authorDomain":"PamelaDrew"}
- 3 votes
{"commentId":1163018,"authorDomain":"worldlybedouin"}
@Pamela Drew - You're absolutely right...funny how wrapped up we get in to the whole "my party vs. your party; my X vs. your Y" trap. What's even more depressing I guess is the exploitation of this very human trait for the abuse of the political system.
{"commentId":1163018,"threadId":"172126","contentId":"1076783","authorDomain":"worldlybedouin"}
{"commentId":1161793,"authorDomain":"worldlybedouin"}
Ok, so on a serious note, the reason the ball-less Dems caved in yet again is because if they don't take torture boy Mukasey Bush is free to appoint someone he wants as an "interim" with little or no oversight/input from congress on who he picks. So they are left with t he devil they know (Puke-kasey) or the one they don't. If they had any kind of balls or spine at all they'd support impeachment (or at least throw it out there as a serious threat not simply taking it "off the table). It sucks that Pelosi is so stupid about it. As far as I'm concerned they should make it a #1 priority to take back the govt from Bush even if it means no work gets done. Then at least they can say with a clean conscience they started cleaning the muck out of DC from the top down.
{"commentId":1161793,"threadId":"172126","contentId":"1076783","authorDomain":"worldlybedouin"}
- 2 votes
#5 - Tue Nov 6, 2007 12:21 PM EST{"commentId":1162800,"authorDomain":"eviefalcon"}
I agree, IMHO the Democrats should force the issues that count, even if it means nothing gets done.
The Occupation of Iraq, Child Healthcare, Education, The Economy, Stem Cell Research, the list goes on and on.
On second thought, we have a better chance of inventing a time machine to go back to November 2000 and making sure Florida counts correctly......
{"commentId":1162800,"threadId":"172126","contentId":"1076783","authorDomain":"eviefalcon"}
- 1 vote
{"commentId":1163054,"authorDomain":"worldlybedouin"}
Personally, instead of a time machine, I'd want a wrap drive capable ship and start exploring for another race that is more mature and less petty. We should be working in partnership to understand each others struggles and help one another instead of looking for every possible way to tear each other down or obstruct one another from doing good. Whats worse is we have far too many political leaders in this country and around the world who time and again choose to exploit this to further their individual agendas. In my opinion it's very contrary to the whole notion of what a politician or leader should be. I guess the whole argument I'm trying to make is dependent upon the belief that people can be good but choose self interest over self sacrifice. Seems that all the major religions demonstrate self sacrifice as a good thing when done to help others...so given that sooo many people believe in their respective deity's teachings, why aren't at least those of us religious nut-bag followers making the change???
Disclaimer: I associate myself with Hinduism.
{"commentId":1163054,"threadId":"172126","contentId":"1076783","authorDomain":"worldlybedouin"}
{"commentId":1161819,"authorDomain":"cliffpotter"}
What is this focus on torture? The real issue here is that Bush will receive a pass on any issue he claims trumps the Constitution, the most dangerous principle to come from this misbegotten presidency and still Republican dominated Senate.
{"commentId":1161819,"threadId":"172126","contentId":"1076783","authorDomain":"cliffpotter"}
- 4 votes
#6 - Tue Nov 6, 2007 12:28 PM EST{"commentId":1161911,"authorDomain":"thegoodamerican"}
Is this the path on which we as Good Americans want to continue? Let's see, first it was nullifying habeas corpus, then spying on American citizens, and now legalizing torture. What is next…slavery? Wait, we already have that; they are called migrant workers.
{"commentId":1161911,"threadId":"172126","contentId":"1076783","authorDomain":"thegoodamerican"}
- 4 votes
#7 - Tue Nov 6, 2007 12:52 PM EST{"commentId":1162147,"authorDomain":"phaedrus72"}
Seriously, I am not going to be rude to anyone, I'm tired of it actually, but you guys are allowing your hatred of Bush to cloud your judgement. Read the article. It is simply not true that Waterboarding has been outlawed by international law, torture has been outlawed, but waterboarding has never been specifically called torture, that's why Congress has said, they admitted that calling it torture rests with them, they would have to outlaw it.
But Specter, of Pennsylvania, said that outlawing waterboarding rests with Congress
Legal experts cautioned that if Mukasey called it torture, that effectively could have constituted an admission that the United States engaged in war crimes.
If waterboarding was already outlawed by international law, as so many have led us to believe, wouldn't the United States already have engaged in war crimes, regardless of anything that Mukasey says? If you read between the lines of the last quote I provided, it implies that engaging in torture is a war crime, and since Mukasey had not been briefed on the specifics of waterboarding he could not say whether or not it was torture.
Plus, Democrats HAVE to be pragmatic as well. All you guys calling them ball less is missing the point. My God, am I the one defending the Democrats here? Mukasey was nominated because he was mainstream and had full bipartisan support when this thing started. The Dems looked at this thing pragmatically, and realized that it was better to nominate Mukasey than to have Bush make a recess appointment or send another one up for nomination that was NOT mainstream. You have to be pragmatic in politics, if you are rigid and uncompromising, you will get nothing of value done.
Stop and ask yourself if truly you are NOT just letting hatred of Bush cloud your judgement.
{"commentId":1162147,"threadId":"172126","contentId":"1076783","authorDomain":"phaedrus72"}
- 2 votes
#8 - Tue Nov 6, 2007 2:01 PM EST{"commentId":1162156,"authorDomain":"phaedrus72"}
Is this where you guys want to be when Jesus comes back? Making fun of poor ol' Mukasey and George Bush and the "ball less Democrats"?
{"commentId":1162156,"threadId":"172126","contentId":"1076783","authorDomain":"phaedrus72"}
{"commentId":1163086,"authorDomain":"worldlybedouin"}
@Phaedrus72 - Look I think we can all agree to what you're saying regarding the Dems being pragmatic and all. However if I were Mukasey and I was asked the same question my code of morality and ethics would leave me no room to wiggle around and give 1/2 answers. For me it is torture and the fact that so many experts around the world as well as influential figures here in the US would agree with me only serves to confirm I'm not the only one who believes in taking a higher moral ground...one that is commensurate with what this country stands for (or at least the way we romanticize it looking back on our fore-fathers' struggles).
{"commentId":1163086,"threadId":"172126","contentId":"1076783","authorDomain":"worldlybedouin"}
{"commentId":1162566,"authorDomain":"chasencash"}
Jesus? Are you kidding me?
{"commentId":1162566,"threadId":"172126","contentId":"1076783","authorDomain":"chasencash"}
- 1 vote
#9 - Tue Nov 6, 2007 3:55 PM EST{"commentId":1162634,"authorDomain":"chasencash"}
Do you mean the "he who is without sin cast the first stone" Jesus? - Because if you do, Dude - where on earth will you be hiding if you believe he will come back?.
{"commentId":1162634,"threadId":"172126","contentId":"1076783","authorDomain":"chasencash"}
- 2 votes
{"commentId":1162711,"authorDomain":"phaedrus72"}
It was a joke, apparently lost on the both of you. Have you not seen the movie "Joe Dirt"? you guys are in desperate need of a sense of humor!!
{"commentId":1162711,"threadId":"172126","contentId":"1076783","authorDomain":"phaedrus72"}
- 1 vote
{"commentId":1163098,"authorDomain":"worldlybedouin"}
Actually Jesus called and he said "F* you guys! You're crazy killing each other instead of helping your fellow man. I'm taking the salvation I offer to a different planet...I hear those Klingons have a sense of honour." ;-)
{"commentId":1163098,"threadId":"172126","contentId":"1076783","authorDomain":"worldlybedouin"}
- 1 vote
{"commentId":1163110,"authorDomain":"chasencash"}
Now that is funny.
{"commentId":1163110,"threadId":"172126","contentId":"1076783","authorDomain":"chasencash"}
- 2 votes
{"commentId":1163017,"authorDomain":"chasencash"}
That was an obscure reference. But in some respects I should have clicked, the idea of Jesus returning is comical to Atheists:)
{"commentId":1163017,"threadId":"172126","contentId":"1076783","authorDomain":"chasencash"}
- 1 vote
#10 - Tue Nov 6, 2007 5:39 PM EST{"commentId":1163091,"authorDomain":"phaedrus72"}
Joe Dirt is an obscure reference? You need to get out more.
{"commentId":1163091,"threadId":"172126","contentId":"1076783","authorDomain":"phaedrus72"}
- 1 vote
{"commentId":1163148,"authorDomain":"miasma"}
Maybe it is just a weak movie and not everybody needs to know every trivial pop culture flattus excuse for entertainment?
{"commentId":1163148,"threadId":"172126","contentId":"1076783","authorDomain":"miasma"}
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