The nomination of Michael Mukasey as attorney general encountered resistance on Friday, with Democratic senators suggesting for the first time that they might oppose Mukasey if he did not make clear that he opposed waterboarding and other harsh interrogation techniques that have been used against terrorism suspects.
The ranking Republican on the Senate Judiciary Committee, Arlen Specter of Pennsylvania, also said in an interview on Friday that the nomination could hinge on Mukasey’s written responses to questions about the Bush administration’s anti-terrorism policies and about his larger views on executive power.
At his Senate confirmation hearings last week, Mukasey, a retired federal judge from New York, declined to say whether he agreed that waterboarding, which simulates drowning, is a form of torture and is unconstitutional. In an initial letter to the Judiciary Committee that was dated Wednesday and made public Friday, Mukasey also repeated his suggestion that the administration’s program of eavesdropping without warrants was legal despite criticism by lawmakers that it violated federal laws.
Many Democratic lawmakers say privately that Mukasey is still likely to be confirmed to replace Alberto Gonzales, given the need for leadership in the Justice Department.