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Mukasey Vows To Enforce Future Waterboard Ban

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By RICHARD B. SCHMITT, Los Angeles Times

Published: November 7, 2007

WASHINGTON - Following sometimes bitter debate, the Senate Judiciary Committee voted 11-8 on Tuesday to send Michael Mukasey's nomination as attorney general to the Senate floor, where confirmation is expected soon.

With two Democrats, Sens. Dianne Feinstein of California and Charles Schumer of New York, joining all nine Republicans on the panel in support of the nomination, the retired federal judge moved a step closer to heading the Justice Department despite deep concern about his refusal to declare a coercive interrogation method known as waterboarding to be illegal torture.

The full Senate will consider the nomination either this week or next week, said Senate Majority Leader Harry Reid, D-Nev.

Feinstein and Schumer, who signaled Friday that they would vote for Mukasey, said their overriding concern was restoring confidence in the Justice Department after two years of politically charged leadership under President Bush's longtime friend, Alberto Gonzales, who resigned in mid-September.

"There is virtually universal agreement, even from those who oppose Judge Mukasey, that he would do a good job in turning the department around," Schumer said.

The New York senator said he was reassured after eliciting a promise from Mukasey last week that if Congress were to enact a law declaring waterboarding to be illegal, Bush would have no power to ignore it.

"From a Bush nominee, this is no small commitment," he said.

Mukasey had taken the position that the technique was "repugnant" but that he did not have enough information to offer a legal opinion about whether it constitutes torture.

Feinstein noted that Bush had said he would not make another nomination if Mukasey was not confirmed, forcing the Justice Department to be led by an acting attorney general for the remaining 14 months of his presidency.

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