WASHINGTON., Nov. 6, 2007

Mukasey Passes Key Senate Test

Judiciary Panel Vote Virtually Ensures Attorney General Nominee's Confirmation

    • Michael Mukasey appears headed for confirmation as the U.S.'s 81st attorney general.

      Michael Mukasey appears headed for confirmation as the U.S.'s 81st attorney general.  (AP Photo/Charles Dharapak)

    • Support from Sens. Dianne Feinstein, D-Calif., right, and Charles Schumer, D-N.Y., gave Michael Mukasey the votes he needed to win Judiciary Committee approval.

      Support from Sens. Dianne Feinstein, D-Calif., right, and Charles Schumer, D-N.Y., gave Michael Mukasey the votes he needed to win Judiciary Committee approval.  (GETTY)

    • President Bush, right, announces retired federal judge Michael Mukasey, left, as his nominee to replace Alberto Gonzales as attorney general, Monday, Sept. 17, 2007, in the White House Rose Garden.

      President Bush, right, announces retired federal judge Michael Mukasey, left, as his nominee to replace Alberto Gonzales as attorney general, Monday, Sept. 17, 2007, in the White House Rose Garden.  (AP Photo/Charles Dharapak)

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(CBS/AP)  The Senate Judiciary Committee voted 11-8 Tuesday to advance Attorney General-designate Michael Mukasey's nomination, virtually ensuring confirmation for a former judge ensnarled in a bitter controversy over waterboarding.

The White House welcomed the committee's vote.

"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."

Mukasey is expected to easily win confirmation by the full Senate, probably as soon as next week.

Mukasey lost support of most of the Democrats on the committee who initially favored him after he said he didn't know enough about waterboarding to say if it was torture and against U.S. and international law, reports CBS News correspondent Bob Fuss.

However, two key Democrats accepted his vow to enforce any law Congress might enact against waterboarding, a simulated drowning technique used in interrogations.

Committee Chairman Patrick Leahy called Mukasey's promise disingenuous. "Unsaid, of course, is the fact that any such prohibition would have to be enacted over the veto of this president," said Leahy.

Sen. Chuck 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.

Announcements of support for Mukasey by Schumer and Sen. Dianne Feinstein, both Democrats, virtually assured the former federal judge the majority vote he needed to be favorably recommended by the committee to replace Alberto Gonzales as the chief U.S. law enforcement officer.

Gonzales resigned two months ago in the midst of congressional investigation over his handling of the dismissal of eight U.S. prosecutors. Democrats said the firings were politically motivated. The dispute mushroomed into doubts about the credibility of Gonzales, a longtime friend and adviser to President Bush.

Fast Fact

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.

In tightly choreographed statements of support for Mukasey last week, Feinstein and Schumer essentially eliminated the chance that Democrats could kill the nomination in committee.

Many Democrats came out in opposition to Mukasey after he refused to say unequivocally that waterboarding 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 said that outlawing waterboarding rests with Congress. He disclosed 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 Mr. 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.


© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 65 Comments
by kissamaarse November 7, 2007 7:41 PM EST
Mukasey and each and every U.S. Senator should take a trip or two to the waterboard before they decide whether waterboarding is torture. They say it mimics drowning. You cannot mimic drowning. On the waterboard you ARE drowning. Calling it mimicking is like saying burning trash is mimicking burning. Ask anyone who attended Navy S.E.R.E. in the early 1970s on the Mojave Desert in Southern California what a trip (or two, or three) to the waterboard was like. My hat''s off to any senator, Democrat or Republican, who draws the line against torture.
Reply to this comment
by liberalme November 7, 2007 2:48 PM EST
watcher269

This is why we MUST clean house in Washington in 08! We are being lied to and raped by the very people we voted for.

Their own interest is all they''re serving and the rest of us can go to H E L L.

Well so can they--the reps from my state won''t get my vote!
Reply to this comment
by liberalme November 7, 2007 2:35 PM EST
Coward never served 1 day in the military--probably was a professional student til VietNam war was over.

He''ll fit right in with his "can''t pee in a cup" Bush and "deferment" Cheney.
Reply to this comment
by neoconrcrazy November 7, 2007 1:35 PM EST
mukasey, closet jewish neocon (another one!), supporter of liebermann and all things zionistic, pre-emptive, etc -

has just been shooed in by our jewish senators feinstein & schumer...... All hail israel, our new
masters in occupied jerusalem.....


Reply to this comment
by gunownerdan November 7, 2007 1:11 PM EST
Feinstein and Schumer are two of the worst fascists in congress hands down.
Reply to this comment
by jowand November 7, 2007 12:14 PM EST
Here is something to consider when evaluating this fascistic scum that is headed towards becoming our next Attorney General:

www.informationclearinghouse
.info/article18673.htm

Posted by FeelFree1 at 01:21 AM : Nov 07, 2007

He''s a good choice, he won''t be burning women and children to death like Janet Reno and her boss did in Waco Texas.
Reply to this comment
by watcher269-2009 November 7, 2007 10:30 AM EST
Feinstein changed her mind - maybe this is the reason - She sounds like a Republican when you read the below!


Dianne Feinstein%u2014the ninth wealthiest member of congress%u2014has been beset by monumental ethical conflicts of interest. As a member of the Military Construction Appropriations Subcommittee (MILCON) from 2001 to the end of 2005, Senator Feinstein voted for appropriations worth billions of dollars to her husband%u2019s firms.
From 1997 through the end of 2005, Feinstein%u2019s husband Richard C. Blum was a majority shareholder in both URS Corp. and Perini Corp. She lobbied Pentagon officials in public hearings to support defense projects that she favored, some of which already were, or subsequently became, URS or Perini contracts. From 2001 to 2005, URS earned $792 million from military construction and environmental cleanup projects approved by MILCON; Perini earned $759 million from such projects.
In 2000, Perini earned a mere $7 million from federal contracts. After 9/11, Perini was transformed into a major defense contractor. In 2004, the company earned $444 million for military construction work in Iraq and Afghanistan, as well as for improving airfields for the US Air Force in Europe and building base infrastructures for the US Navy around the globe. In a remarkable financial recovery, Perini shot from near penury in 1997 to logging gross revenues of $1.7 billion in 2005.
Reply to this comment
by juwboy November 7, 2007 8:23 AM EST
AntiZion:

Jews are out-numbered by about 50-to-1 in the US.

So, why are limp-wristed, c@cks@cking Gentile-Americans like yourself so weak and ineffective at presenting your views to Representatives, Senators and the President?
Reply to this comment
by antizion November 7, 2007 5:42 AM EST
Mukasey gets appointed only because two Jews from the democrat party O.K. him.

It''s the Jews stupid.
Reply to this comment
by lastdance4 November 7, 2007 5:41 AM EST
RE : KJVProphet (aka LAProphet.. aka NHProphet)

Take your Chronic ...Habitual...and Harassing - Political Spam - elsewhwere
Reply to this comment
by feelfree1 November 7, 2007 4:21 AM EST

Here is something to consider when evaluating this fascistic scum that is headed towards becoming our next Attorney General:

www.informationclearinghouse.info/article18673.htm
Reply to this comment
by feelfree1 November 7, 2007 3:39 AM EST

May the Democrat Party slide into the cesspool of irrelevance, along with their GOP partners.
Reply to this comment
by why_not_nar November 7, 2007 1:26 AM EST
Maybe this will help:
Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and
Excises, to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject
of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin
of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited
Times to Authors and Inventors the exclusive Right to their respective Writings
and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and
Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be
for a longer Term than two Years;
To provide and maintain a Navy;
Reply to this comment
by bareemperor November 7, 2007 12:43 AM EST
YO...
Bu$h chose him!
Bu$h cannot even choose his socks in the morning.

What is wrong with this Congress?
I will bet the dollars are flowing into pockets again...
Reply to this comment
by toolmangler-2009 November 7, 2007 12:06 AM EST
Posted by ttinsly at 08:19 PM : Nov 06, 2007


Nah!!! I guess its you, sry. This guy looks like he might have a conscience
Reply to this comment
by toolmangler-2009 November 6, 2007 10:50 PM EST
SlipSter01 Posted:

Ron Paul voted against the Do-Not-Call Registry
Ron Paul voted against extending Unemployment Compensation Act
Ron Paul voted against the Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks
Ron Paul voted against stricter penalties for sexual predators
Ron Paul voted aginst the Keeping Children and Families Safe Act
Ron Paul voted against the Child Custody Protection Act
Ron Paul voted against the Internet Freedom and Broadband Deployment Act
Ron Paul refused to recognize A Resolution Honoring the Contributions of Catholic Schools
Ron Paul regularly votes against funding the military (year after year)
Ron Paul voted against the Public Health Security and Bioterrorism Response Act
Ron Paul voted against Expressing Solidarity With Israel in the Fight Against Terrorism
Ron Paul voted against the Best Pharmaceuticals for Children Act
Ron Paul was the only vote against the Federal Long-Term Care Insurance Amendments Act
Ron Paul was the only vote against the Financial Anti-Terrorism Act
Ron Paul voted against deterring and punishing terrorist acts in the United States and around the world
Ron Paul voted against Urging the Secretary of Energy to Fill the Strategic Petroleum Reserve
Ron Paul was the only vote against the Military Construction Appropriations
Ron Paul was the only vote against the resolution To Promote Freedom and Democracy in Viet Nam
Reply to this comment
by kjvprophet November 6, 2007 9:14 PM EST
Ron Paul does not support secret offshore prisons like the one in Guantanamo, wherein our government tortures prisoners, who have no right to redress of grievance, or to Writ of Habeus Corpus. Ron Paul promises he will close these "illegal prisons" down. He wouldn''t necessarily just release the prisoners either. He said he would simply bring them to detainment facilities on U.S. soil where they would be entitled to an attorney, and to their day in Court--American Justice. Significant others agree with Paul. "Essentially, we have shaken the belief that the world had in America''s justice system by keeping a place like Guantanamo open and creating things like a military commission," former U.S. Secretary of State, Colin Powell recently said.
Reply to this comment
by kjvprophet November 6, 2007 9:12 PM EST
They can torture you there too...
Reply to this comment
by kjvprophet November 6, 2007 9:11 PM EST
With the full support of Senators Clinton, Obama and McCain, President Bush recently signed into Law the John Warner Defense Authorization Act of 2007, which, according to Senator Leahy (D-Vermont), will actually "encourage the President to declare Martial Law." It does so by revising the Insurrection Act, a set of Laws that limits the President''s ability to deploy troops within the United States. The Insurrection Act (10 U.S.C.331 -335) has historically, along with the Posse Comitatus Act (18 U.S.C.1385), helped to enforce strict prohibitions on military involvement in domestic Law enforcement. With one cloaked swipe of his pen, Bush is seeking to undo those prohibitions. Public Law 109-364, or the John Warner Defense Authorization Act (H.R.5122) (2), which was signed by the President in a private Oval Office ceremony, allows the President to declare a "public emergency," suspend Congress and station troops anywhere in America and take control of state-based National Guard units without the consent of your Governor or local authorities, in order to "suppress public disorder." President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act. In a sense, the two Laws compliment one another. One allows for torture and detention abroad of those who dissent and are stripped of their citizenship, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America.
Reply to this comment
by cbs_oliver November 6, 2007 9:01 PM EST
When the Intelligence Committee OK%u2019d the NSA spying bill, Sen. Feinstein (spit), D-CA, and Sen. Sheldon Whitehouse (spit), D- R.I., voted for it, with the telecoms'' legal immunity included.

Feinstein (spit) is a repeat offender.
Reply to this comment
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