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Politics

A divided Senate confirms Mukasey

He becomes attorney general with the slimmest Senate backing in half a century.

WASHINGTON - A divided Senate narrowly confirmed former U.S. Judge Michael Mukasey Thursday night as the 81st attorney general, giving the nominee the lowest level of congressional support of any Justice Department leader in the last half-century.

The 53-40 vote came after four hours of impassioned floor debate, and reflected an effort by Democrats to register their displeasure with Bush administration policies on torture and the boundaries of presidential power.

The final tally gave Mukasey the lowest number of yes votes for any attorney general since 1952, just weeks after lawmakers of both parties had predicted his easy confirmation. They believe Mukasey is the best possible replacement for Alberto Gonzales, who resigned under a cloud of scandal in September.

"He will be an outstanding attorney general," Bush said in a statement. Mukasey is expected to be sworn in today as the third attorney general of the Bush presidency.

The challenges facing him over the next 14 months are severe, from rebuilding confidence at the Justice Department to crafting strategies to combat a growing violent crime problem.

He avoided defeat only because a half-dozen Democrats voted in favor of the appointment along with Republicans and Democrat-turned-independent Joe Lieberman of Connecticut.

Mukasey, 66, had outraged many lawmakers and human rights groups by repeatedly refusing to classify waterboarding, a simulated drowning technique, as torture. His few Democratic supporters said Thursday night that, while they are troubled by his equivocal views on waterboarding, they believe he represents the best possibility for reform in the department.

"This is the only chance we have," said Sen. Dianne Feinstein, D-Calif.

The other Democrats in favor of the confirmation were Sens. Charles Schumer of New York, Evan Bayh of Indiana, Thomas Carper of Delaware, Mary Landrieu of Louisiana and Ben Nelson of Nebraska.

Not voting were Democratic presidential candidates Joe Biden of Delaware, Hillary Clinton of New York, Chris Dodd of Connecticut and Barack Obama of Illinois. All four had said they opposed Mukasey's nomination. Republican presidential candidate John McCain of Arizona also was absent, as were GOP Sens. Lamar Alexander of Tennessee and John Cornyn of Texas.

Information from the Associated Press was used in this report.

HOW THEY VOTED

Senate

The Senate approved the confirmation, 53-40.

Mel Martinez, R Yes Bill Nelson, D No

[Last modified November 9, 2007, 01:57:23]