US Sen. Leahy says will oppose Mukasey nomination

WASHINGTON (Reuters) - Senate Judiciary Committee Chairman Patrick Leahy Friday said he will vote against confirming Michael Mukasey as attorney general, citing unresolved concerns about the retired judge's views on torture and placing his confirmation in doubt.

Leahy became the fifth of 10 Democrats on the Judiciary Committee to announce opposition to Mukasey in recent days.

"I like Michael Mukasey. I wish that I could support his nomination. But I cannot," said Leahy, a Vermont Democrat.

Mukasey, nominated for the job by President Bush after the resignation of Alberto Gonzales, has come under increasing criticism from Democrats for his refusal to reject an interrogation technique known as "waterboarding" that simulates drowning.

Leahy's announcement could influence other Democrats to join the list of senators opposed to the nomination.

The judiciary panel is expected to vote on Mukasey's nomination Tuesday. Bush named him to the nation's top law enforcement post in mid-September to replace Gonzales, who resigned under pressure.

Mukasey's fate may be determined by Democratic Sen. Charles Schumer of New York, who had urged Bush to nominate the 66-year-old conservative. But Schumer has been noncommittal about the nomination in recent days amid fellow Democrats' questions about Mukasey's stance on waterboarding.

PUSH FROM BUSH

Speaking in Columbia, South Carolina, Bush made another pitch for Mukasey, saying, "I strongly urge the United States Senate to confirm this man so that I can have an attorney general to work with to protect the United States of America from further attack."

Another committee Democrat, Sen. Russ Feingold of Wisconsin, said he had not yet made up his mind about Mukasey but was concerned about some of his views.

There are nine Republicans on the panel and at least one Democrat would have to vote for Mukasey for him to win the committee's backing. Still unclear is whether Leahy would send the nomination to the full Senate if a majority of the Judiciary Committee opposed it.

Mukasey's prospects before the full Senate could improve, as some moderate Democrats likely would support him.

"There may be interrogation techniques that require close examination and extensive briefings," Leahy said. "Waterboarding is not among them. No American should need a classified briefing to determine whether waterboarding is torture."

Since his confirmation hearings, Democrats have been asking Mukasey to clarify his position on waterboarding and whether the ex-judge considered it unlawful torture.

Bush has repeatedly insisted that the United States does not engage in torture when questioning terrorism suspects. But he has refused to detail techniques U.S. officials have employed since the Sept. 11, 2001, attacks and critics have accused the United States of torturing suspects.

On Tuesday, Mukasey wrote to the Judiciary Committee's 10 Democrats that waterboarding as they described it was "repugnant to me." But he said he does not know if U.S. interrogation methods violate laws against torture.

If Mukasey were to declare waterboarding illegal, as attorney general he could find himself prosecuting cases if the technique was used by the CIA, for example.

"If an individual as qualified as Judge Mukasey can't be confirmed, it does raise a interesting question as to who could be confirmed," said Senate Republican leader Mitch McConnell of Kentucky, who urged quick confirmation of Mukasey.

The four Senate Democrats running for president have announced their opposition to Mukasey. (Additional reporting by Thomas Ferraro)