Bipartisan support for authoritarian measures Democratic senator defends vote for Bush's attorney general nominee

The nomination of Mukasey, a right-wing judge with a history of antidemocratic decisions, had been expected to sail through the Senate with little opposition from either party. Both the Democrats and Republicans are agreed on the need to expand state powers and attack democratic rights. Mukasey was seen as a consensus candidate—one who would continue the policy of the Bush administration, but in a way that involved greater consultation with Congress.

The Democrats’ open enthusiasm for Mukasey hit a snag when the question of torture was raised during nomination hearings last month. With Mukasey refusing to state that waterboarding—a form of slow-motion suffocation that has become part of the administration’s arsenal—is torture and illegal, leading Democrats adopted a more critical posture. At the same time, the vote by Schumer and Feinstein assured that the nomination was not blocked.