Baucus And Tester Oppose Mukasey
Montana Senators Max Baucus and Jon Tester — two Democrats from a state that reliably votes Republican for president — have announced their opposition to Michael Mukasey for attorney general.
In a joint press release, the two declare, "We are deeply troubled by Judge Mukasey's refusal to acknowledge what our courts, our military and every single previous administration has recognized: waterboarding is torture and it is illegal."
The full statement is available after the jump.
Now that more Senators are coming out against Mukasey, it looks like his confirmation may not be assured, after all. So we're hauling out our chart of where the individual Senators stand on this:

(WASHINGTON, D.C.) – Montana Senators Max Baucus and Jon Tester today released the following statement:From fighting terrorism, fraud, corruption and the scourge of meth to gaining the trust of the American people the next Attorney General has a huge task ahead. Over the past several weeks, we have listened carefully to what both Judge Mukasey has said and what he has refused to say.
We are deeply troubled by Judge Mukasey's refusal to acknowledge what our courts, our military and every single previous administration has recognized: waterboarding is torture and it is illegal. Failure by our government to repudiate torture exposes American men and women fighting around the world to potential danger and injustice.
For too long the Department of Justice has lacked an independent leader who will attack the many problems that face this country, while preserving the liberties guaranteed in our Constitution. We do not believe that Judge Mukasey will be that needed independent voice and we cannot, in good conscience, vote for his confirmation.















I can hardly believe this! After Schumer and Feinstein weasled, I about threw in the sponge on thinking the Democrats could ever get anything right. I hope Mukasey goes down, down, down. If Bush appoints an interim jerk let Bush live with the consequences. He can't f up the DOJ anymore than he has to date.
November 7, 2007 4:02 PM | Reply | Permalink
It may just be that Mukasey dare not comment specifically on waterboarding because that might later enable the bringing of charges against members of the Administration for 'war crimes'. Irrespective of one's point of view on that question, Mukasey and the Dep't of Justice have things to do other than to defend the Administration against an angry world.
November 7, 2007 4:15 PM | Reply | Permalink
You can put Ben Nelson in the "for" column. Grrrrrr.
November 7, 2007 4:42 PM | Reply | Permalink
Why can't we just say:
A vote to confirm Mukasey is a clear record of supporting his position on waterboarding.
His position on waterboarding is a contradiction of established U.S. case law and international military/treaty law. The precedence of criminality of waterboarding is without doubt.
Therefore, anyone who votes to confirm someday will be held accountable for war crimes based on their record.
Or is it just my dream of what my country used to be?
November 7, 2007 4:46 PM | Reply | Permalink
would anyone filibuster?
November 7, 2007 5:09 PM | Reply | Permalink
Witness the failure of the Democratic leadership to support the "impeachment" call of Dick Cheney by Dennis Kucinich, and the pathetic excuses of Diane Feinstein for her support of Mukasey [We have more important fish to fry, like health insurance].
The Democrats are in bed with the Republicans when it comes to protecting Bush/Cheney, et.al.
It's almost like the Democrats think they were elected on their merits rather than as a rejection of Bush.
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
November 7, 2007 5:28 PM | Reply | Permalink
What is with Barbara Boxer being undecided?! She didn't bother to vote AT ALL on the August FISA bill, and now she's pulling an I-can't-decide routine re Mukasey.! Who is she trying to pander to?!
November 7, 2007 5:33 PM | Reply | Permalink
Wow, Baucus voting against. Maybe we do have a chance to block him yet.
I think electing Tester was a huge pick-up for Dems, esp. if it helps nudge Baucus toward the Good D column.
November 7, 2007 5:54 PM | Reply | Permalink
For what it's worth: I just called Boxer's office (I'm in CA) and a staffer told me that she's "leaning strongly" toward voting no, unless Mukasey changes his position on waterboarding and limitless executive power.
November 7, 2007 6:04 PM | Reply | Permalink
I can't think of many things that can explain the Dems crumbling or folding so often on so many critical issues. They KNOW how their electorate wants them to vote, yet we have seen FOLD after FOLD in the last year.
SO when a recent poster/commenter said that he was sure the illegal wiretapps had produced dirt on Feinstein and Schumer...a bell went ding ding ding. It doesn't answer every question, and it doesn't mean that F or S are really dirty....but the amount of armtwisting in this administration is awesome.
Every single old admin official is worried shitless about speaking out. Everyone who does speak out recants a day later. And dems crumble and roll out of the way everytime something crucial comes up. This admin has got retroactive immunity and pre-pardons and MCA and patrriot acct provisions in the nick of time....sometimes inserted at the last possible moment my senatorial staffers who have no business adding amendments. Imagine the amount of arm-twisting to get these bills even to the floor.
So, we know one thing. These guys are good at armtwisting, and they have been doing a lot of spyying. We also know they spend as much time spying on their home enemies as they do on the terrrrrrsts. Some of that spyying has to have paid off. And it does not mean that they only spyy on dems. The rethugs have 10 times more dirt to discover and be blackmailled with.
November 7, 2007 6:36 PM | Reply | Permalink
Anyone who voted for the DTA or the MCA have very little high ground to stand on and not vote for Mukasey.
To heck with the donkey, the Dem party needs to pick a new mascot from the realm of the invertebrates.
November 7, 2007 9:13 PM | Reply | Permalink
Attention Democrats.... there really is no difference between having Gonzo and having NO attorney general. Let Bush pitch a hissy fit and let us watch it please........
November 7, 2007 9:19 PM | Reply | Permalink
The real question is whether or not there are eight additional votes for cloture...
November 8, 2007 3:24 AM | Reply | Permalink
New Democratic Symbol: SpongeBob
November 8, 2007 8:45 AM | Reply | Permalink