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    Nomination of Mukasey Sent to Full Senate
    By David Stout
    The New York Times

    Tuesday 06 November 2007

    Washington - The Senate Judiciary Committee this morning endorsed the 0anomination of Michael B. Mukasey to be attorney general, virtually 0aassuring his confirmation by the full Senate.

    The vote was 11 to 8, with two Democrats, Senators Charles E. Schumer of 0aNew York and Dianne Feinstein of California, joining all nine 0aRepublicans on the panel in backing the nominee. Eight Democrats voted 0aagainst Mr. Mukasey.

    The close vote in Mr. Mukasey's favor had been expected, given public 0astatements by committee members leading up to today's meeting. Senator 0aHerb Kohl, Democrat of Wisconsin, had been the one Democrat not to 0aannounce his decision before today, and he voted "no."

    Mr. Kohl said he was troubled by the nominee's statements on the 0ainterrogation technique known as "waterboarding," or simulated drowning. "As Judge Mukasey's answers mirror the president's on this issue, and 0adefy common sense, we are forced to question his independence as well," 0aMr. Kohl said. "The attorney general's loyalties must be to the 0aConstitution, to the American people, and to the law. Too much doubt on 0athis point is disqualifying."

    Senator Patrick J. Leahy, the Vermont Democrat who heads the committee, 0ahad announced his opposition several days ago. "Some have sought to find 0acomfort in Judge Mukasey's personal assurance that he would enforce a 0afuture, a new law against waterboarding if this Congress were to pass 0aone," Mr. Leahy said today. "Unsaid, of course, is the fact that any 0asuch prohibition would have to be enacted over the veto of the president."

    "Now, I wish I could support Judge Mukasey's nomination," Mr. Leahy said 0aat another point. "I like Michael Mukasey. We have many things in common 0ain our past careers. I certainly don't question his intellectual ability 0aor his independence." But Mr. Leahy said the Justice Department needs "an attorney general who believes and understands that there have to be 0alimitations on executive power."

    Before he voted "no," Senator Edward M. Kennedy, Democrat of 0aMassachusetts, said, "We need a leader who will inspire confidence in 0athe rule of law. We need a leader who is unafraid to speak truth to 0apower. We need a leader who is worthy of the trust we place in our 0aattorney general to support and defend the Constitution of the United 0aStates. Michael Mukasey, regrettably, is not that leader."

    The committee's ranking Republican, Senator Arlen Specter of 0aPennsylvania, said he too had been dissatisfied with some of Mr. 0aMukasey's responses to questions about torture and the limits on 0apresidential power and that he looked forward to more Congressional 0adeliberations on those issues. "But all factors considered, I think that 0athe balance is decisively in favor of confirming Judge Mukasey," Mr. 0aSpecter said.

    Mr. Mukasey's endorsement by the committee, though close, seems to 0aguarantee his confirmation by the full Senate, perhaps before the end of 0athe week. In fact, vote-counters in both parties have predicted that he 0awill have a substantial majority.

    The chief White House spokeswoman, Dana Perino, thanked the committee 0afor voting to forward the nomination, and said that Mr. Mukasey "has 0aclearly demonstrated that he will be an exceptional attorney general at 0athis critical time."

    Republicans on the Judiciary Committee praised Mr. Mukasey, a former 0afederal judge in New York City, as eminently qualified to head the 0aJustice Department. Senators Schumer and Feinstein were more restrained 0ain their praise, acknowledging the nominee's qualifications and 0adeclaring that the best qualification is that Mr. Mukasey is not Alberto 0aR. Gonzales, the former attorney general.

    Mr. Gonzales was widely criticized by many Democrats, and some 0aRepublicans, for the firing of several United States attorneys last 0ayear. Mr. Gonzales's critics accused him repeatedly of acting too much 0alike an in-house lawyer for the president rather than an independent 0ahead of a vital Cabinet department.

    The other committee Democrats who voted against the nominee were 0aSenators Joseph R. Biden Jr. of Delaware, Benjamin L. Cardin of 0aMaryland, Richard J. Durbin of Illinois, Russell D. Feingold of 0aWisconsin and Sheldon Whitehouse of Rhode Island.

    The other Republicans on the panel are Senators Sam Brownback of Kansas, 0aTom Coburn of Oklahoma, John Cornyn of Texas, Lindsey Graham of South 0aCarolina, Charles E. Grassley of Iowa, Orrin G. Hatch of Utah, Jon Kyl 0aof Arizona and Jeff Sessions of Alabama.