Mukasey Wins Vote in Senate, loser Demorats
By CARL HULSE
Published: November 9, 2007
WASHINGTON, Nov. 8 — The Senate confirmed Michael B. Mukasey as attorney general Thursday night, approving him despite Democratic criticism that he had failed to take an unequivocal stance against the torture of terrorism detainees.
The 53-to-40 vote made Mr. Mukasey, a former federal judge, the third person to head the Justice Department during the tenure of President Bush, placing him in charge of an agency that members of both parties say suffered under the leadership of Alberto R. Gonzales.
Six Democrats joined 46 Republicans and one independent in approving the judge, with his backers praising him as a strong choice to restore morale at the Justice Department and independently oversee federal prosecutions in the final months of the Bush administration.
Thirty-nine Democrats and one independent opposed him.
“The Department of Justice needs Judge Mukasey at work tomorrow morning,” said Senator Arlen Specter of Pennsylvania, the senior Republican on the Judiciary Committee. “The Department of Justice has been categorized as dysfunctional and in disarray. It is in urgent need of an attorney general.”
But Democrats said Mr. Mukasey’s refusal to characterize waterboarding, an interrogation technique that simulates drowning, as illegal torture disqualified him from taking over as the nation’s top law enforcement official.
“I am not going to aid and abet the confirmation contortions of this administration,” said Senator Patrick J. Leahy, Democrat of Vermont and chairman of the Judiciary Committee. “I do not vote to allow torture.”
The attorney general’s post became vacant in late August when Mr. Gonzales stepped down. For months, he had faced severe criticism over accusations that political calculations played a part in the department’s dismissal of some United States attorneys last year and over his role in shaping the administration’s policies on torture and electronic surveillance.
Mr. Mukasey was initially hailed by Democrats as a leader who would bring welcome change to the Justice Department. His nomination had been recommended by Senator Charles E. Schumer, Democrat of New York, a member of the party leadership familiar with Mr. Mukasey from his service on the bench in New York.
On the first day of his confirmation hearings, Mr. Mukasey said he would resign if directed by the White House to take any action he believed was illegal or violated the Constitution, winning Democratic praise. On the second day of his testimony, Mr. Mukasey sidestepped the question of whether waterboarding was torture and also suggested that the president’s Constitutional powers could supersede federal law in some cases.
Those responses stirred strong Democratic opposition, throwing his confirmation into question. Trying to stem the rising opposition, Mr. Mukasey said that while he personally found the concept of waterboarding repugnant, he could not pass judgment on whether it was illegal because he had not been briefed on administration interrogation techniques.
Senator Dianne Feinstein, Democrat of California, said she was confident that Mr. Mukasey would be nonpartisan and that his refusal to make a judgment on torture without knowing all the facts of interrogation policy should not keep him from the post.
“This man has been a judge for 18 years,” said Ms. Feinstein, who along with Mr. Schumer provided the key supporting votes to push Mr. Mukasey through the Judiciary Committee. “Maybe he likes to consider the facts before he makes a decision.”
But she was in conflict with most of her Democratic colleagues. Senator Harry Reid of Nevada, the Democratic leader, opposed the choice even though he said he was predisposed to back Mr. Mukasey.
“During his confirmation hearings, Judge Mukasey expressed views about executive power that I and many other senators found deeply disturbing,” Mr. Reid said. “And I was outraged by his evasive, hair-splitting approach to questions about the legality of waterboarding.”
Republicans hailed Mr. Mukasey and accused Democrats of stalling the nomination and focusing on the torture issue to score political points. “The Department of Justice has a vital role to play in the war against Islamic terrorists, and it is critically important that it have a leader who can ensure that it fulfills its mission,” said Senator Jon Kyl, Republican of Arizona. “Judge Mukasey is this kind of leader.” |
