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Mukasey Edges Closer to Attorney General Confirmation

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November 02, 2007 5:02 PM

ABC News' Ed O'Keefe Reports: Two key Democrats crossed party lines and pledged their support to President Bush's embattled Attorney General nominee Michael Mukasey, all but ensuring the retired judge's confirmation as the nation's top law enforcement official.

Senator Chuck Schumer, D-N.Y., said in a statement released late on Friday, "I will support Judge Michael Mukasey for Attorney General," later explaining, "Should we reject him, it is almost certain that an acting, caretaker Attorney General will take office without the advice and consent of the Senate."

In a similar statement, released almost simultaneously to the media, Senator Dianne Feinstein, D-Calif, said she too would support Bush's pick.

"Michael Mukasey is not Alberto Gonzales," Feinstein said, referring to the Attorney General who resigned amid brewing controversy in August, "Rather, he has forged an independent path as a practitioner of the law and a federal judge."

Mukasey, who seemed at first blush headed for quick confirmation with bipartisan support, stirred both Republican and Democratic senators with his refusal during confirmation hearings to state that the practice of waterboarding -- or simulated drowning -- constitutes torture.

The former judge clarified his position in a letter to the Senate Judiciary Committee, set to vote on Mukasey's nomination on Tuesday, describing the practice as "repugnant" but again did not say he believed it amounted to torture.

President Bush said he may not send another nominee up for confirmation if the Senate failed to confirm Mukasey adding pressure on wavering senators.

Senator Arlen Specter, R-Penn., has expressed reservations and on Friday, prior to the announcement of his two Democratic colleagues in support of the nomination, Senator Patrick Leahy, D-Vt., announced he would oppose Mukasey.

The support of Schumer and Feinstein despite Leahy's opposition, should be enough to earn Mukasey the Senate Judiciary Committee's stamp of approval and send his nomination onward for consideration by the full Senate.

Tony Fratto, a White House spokesperson, said of the latest development, "Judge Mukasey is exceptionally qualified and would be an outstanding Attorney General.  He deserves a vote from the full Senate where we are confident he would be confirmed."

November 2, 2007 | Permalink | User Comments (30)

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What is up with Senator Chuck Schumer, D-N.Y. Since when has he sided with Bush? Who has something on Chuck?

Posted by: jdog | Nov 2, 2007 5:11:36 PM

What these two idiots and their fellow buffoon-wimps should have done is taken Mukasey and subjected him to a good hard water-boarding session of some duration -- then asked him afterward if he had any fresh thoughts on whether or not water-boarding is a form of torture!

Posted by: TheDreaming1 | Nov 2, 2007 5:20:17 PM

Would it not be real funny to see Cindy Sheehan take out Pelosi and somebody else step up and take out Feinstein? Schumer next???? I suppose we can count these 2 as part of the lieberman wing of the democratic party.

Posted by: daddy | Nov 2, 2007 5:28:17 PM

"Senator Dianne Feinstein, D-Calif, said she too would support Bush's pick." Democrats just don't get it. Feinstein should change party affiliation. Anyone who will not declare water boarding, or near drowning as a violation of the Geneva Conventions, is nothing more than another mouthpiece. How does she know he isn't worse than Gonzales. At least Gonzales would answer the question no matter how much like an idiot he looked. It seems to me a pretty straight forward question...and the answer is "I am going to do what Bush says"! It is time to start getting rid of Republicans. If we can't do that, perhaps we should start getting rid of Democrats! Conviscated documents are going to give you a lot more accurate than someone tortured, who will give you anything you want to hear!

Posted by: concordcan | Nov 2, 2007 5:36:13 PM

Feinstein and Shumer should join the Republican party. No wonder they lose all the fights! They can't get together on anything, while i disdain Republicans, at least the don't break ranks! What deal did you make for your self Diane?

Posted by: concord can | Nov 2, 2007 5:54:23 PM

Right is right. Good move for a few dems. You may sway my opinion yet.

Posted by: VernonaProjectLives | Nov 2, 2007 5:58:19 PM

Well, so much for Shumer and Fienstein voting to defy torture. Now Bush can use waterboarding (and more) in his arsenal of interrogation methods. Shumer and Fienstein just don't get it. Now Bush will never let Mukasey ever rule against waterboarding, it whether Mukasey thinks it 'repugnant' or not. Bush seems to always get his way, even with a Democratic congress. It's a real shame.

Posted by: sissyB | Nov 2, 2007 6:09:55 PM

Good bye Schumer and Feinstein. If you support this nominee then you do not support American values nor the law of the land and you might want to get your resume in order. YOu will not be re-elected.

I feel like this country is under an evil spell and everything that was good has gone bad or evil. What is going on?

Posted by: JLW | Nov 2, 2007 6:54:05 PM

Perhaps even worse is the far less covered issue that Mukasey has basically agreed that the President is above other branches, and may act outside the law by invoking National Security. Why don't the crossover twins Chuck & Diane just introduce legislation to name Bush emperor?

Posted by: Resteincall-Fein | Nov 2, 2007 7:09:31 PM

Glad these two are on board. At least two dems have a brain in their head!

Posted by: Walt P | Nov 2, 2007 7:09:48 PM

Now if we could only get Joe "pearly whites" motormouth Biden - you know the one running for pres (not a chance)on board, we might have a chance to make progress in this country!

Posted by: Walt P | Nov 2, 2007 7:13:45 PM

Party affiliations are only a smokescreen. Both are members of the Council of Foreign Relations and have been "instructed" how to act

Posted by: GM | Nov 2, 2007 7:29:35 PM

Have Chuck and Diane already gone thru the "waterboarding process". They must have been "instructed to say, Yes, I loved every minute of the waterboarding, and I highly recommend it"
If I were in Chuck and Diane district I would start impeachment proceeding against these two immediately. Somone, somewhere, knows something dirty about these two and are using it against them...(Where is Karl Rove?)and it sure ain't the American public. The old man Mukasey, looks too old and looks and acts like a yes man to me. Score another one for King George and another kick in the ass for America.

Posted by: Jo T | Nov 2, 2007 7:56:53 PM

As much as I like to see our representatives vote to represent their constituents rather than their party, anytime Diane Feinstein does anything I get very suspicious. She must have reason to believe Mukasey will help her destroy the Second Amendment so she can attack the rest of the Constitution.

Posted by: Royce | Nov 2, 2007 8:11:13 PM

Incredible that Senators Schumer and Feinstein signaled their support to confirm Mukasey. He may be a perfectly fine judge but not an acceptable AG until he is willing to enforce the constitution's provisions and laws against torture and presidential abuse of power.
Incredible.

Posted by: Brigitte N. | Nov 2, 2007 8:23:21 PM

Feinstein & Schumber -- the coastals --
what r they doing cruzin out on the Democratic position on Mukasey. They are turncoats and don't deserve re-election.
Where are the other Democrats who should be whipping these sellouts into line.
We don't want Bush or his Attorney General compromising the Constituion, compromising
our Rights. The Democrats have caved into
Bush and Right everytime. Out with them.

Posted by: Bruce L | Nov 2, 2007 11:23:13 PM

If Mukasey can't figure it out, supports acts that are on the books as illegal or dishonestly refuses to answer the questions -- he is not fit for the job.

Some were tortured to death. Many images are still classified.

Sexual and religious degradation was used as part of torture programs done in the name of Americans. This hurts us significantly.

Prosecuting the grunts and pardoning the leadership who drafted the rules shows the dishonesty of the process, and willingness of Neocons to sacrifice / prosecute their own.

Posted by: Greco99 | Nov 2, 2007 11:56:09 PM

I wonder how many of the people offering their comments even know what waterboarding is all about, much less experienced it. Many of our servicemen have experienced it as have I. It is taught at SERE the survival, evasion, rescue and escape school that was mandatory for all Naval pilots. I remember that it wasn't pleasant, but far from torture! For me reading ignorant comments from people who have never served their country is far worse.
LCDR USN Retired

Posted by: Mike Goetz | Nov 3, 2007 12:44:39 AM

People get off it. With all that is going on why waste time fighting one appontment that will last merely a year. Lets get on to some real legislation and lets fix something that truly needs fixing. As far as our retired navy man, get off your high horse, What I find ignorant is people who serve(d) in the military thinking the rest of us should get down and kiss your feet. Isn't a military person protected anyones freedom in this country since WWII. Get over yourself!!!

Posted by: dk | Nov 3, 2007 1:04:41 AM

“Isn't a military person protected anyones freedom in this country since WWII.” .... Exactly what does that mean?..... Our brave men and women in uniform do defend your freedom. If there is no conflict at all, it’s only an indication that they are doing a good job of prevention. Similar to a low crime rate due to police protection. Right now our troops are fighting our enemies. We were attacked, remember? They defend the rights of Americans to openly demonstrate stupidity. Some it would seem abuse the privilege. ... As I stated earlier, whenever Feinstein does anything I get suspicious. Maybe she thinks Mukasey will help her destroy the Constitution. Although she has made valiant efforts in the past to destroy the bill of rights, we are still free.

Posted by: Royce | Nov 3, 2007 3:17:28 AM

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