Kohl votes no on Mukasey over waterboarding

Sen. Herb Kohl, a member of the Senate Judiciary Committee, voted today against the nomination of Judge Michael Mukasey to become U.S. Attorney General because of his refusal to condemn waterboarding.

In voting against the nomination, Kohl said:

“It is with great reluctance that I cannot support Judge Mukasey’s nomination to be Attorney General. He is nominated to be this nation’s top law enforcement official. His unwillingness to say what we all know – that waterboarding is torture – sends the wrong signal to the rest of the world, puts our own soldiers at risk, and harms our ability to win the war on terrorism.

“As Judge Mukasey’s answers mirror the President’s on this issue -- and defy common sense -- we are forced to question his independence as well. The Attorney General’s loyalties must be to the Constitution, to the American people and to the law. Too much doubt on this point is disqualifying.”

Wisconsin's other senator, Russ Feingold, said this weekend that he, too, would oppose Mukasey's nomination when/if it comes to a vote in the full Senate.

The Associated Press reported this morning, as the Judiciary Committee prepared to vote on the nomination, that Mukasey's confirmation "seems assured" after two key Senate Judiciary Committee Democrats accepted his vow to enforce any law Congress might enact against waterboarding.

However, committee Chairman Patrick Leahy said Mukasey's assurance to Democrats Dianne Feinstein and Chuck Schumer was disingenuous.

"Unsaid, of course, is the fact that any such prohibition would have to be enacted over the veto of this president," Leahy, D-Vt., said as the panel prepared for the vote to advance Mukasey's nomination to the full Senate.

UPDATE: Sen. Russ Feingold, also a member of the Judiciary Committee, voted against Mukasey's nomination, too, saying:

"In many respects, Judge Mukasey is a big improvement on the previous Attorney General. At this point in our history, however, the country needs more.

"Simply put, after all that has taken place over the last seven years, we need an Attorney General who will tell the President that he cannot ignore the laws passed by Congress. And on that fundamental qualification for this office, Judge Mukasey falls short…The rule of law is the very foundation of freedom and a crucial bulwark against tyranny. Congress cannot stand silent in the face of this challenge by the executive to the crucial underpinnings of our system of government."

Nonetheless, the committee approved the nomination by a vote of 11 - 8. All of the Republicans on the Committee voted in favor of Mukasey, while all but two of the Democrats on the panel opposed the nomination.