Senate Judiciary Committee Approves Mukasey

The 11-8 vote came only after two key Democrats accepted his assurance to enforce any law Congress might enact against waterboarding.

...Mukasey's assurances on torture that won over Democratic Sens. Dianne Feinstein and Chuck Schumer was disingenuous, according to Committee Chairman Patrick Leahy, D-Vt.

"Unsaid, of course, is the fact that any such prohibition would have to be enacted over the veto of this president," said Leahy.

...Specter, of Pennsylvania, said that outlawing waterboarding rests with Congress. He revealed that he had talked with Mukasey a day earlier and received an assurance that the nominee would back up any such legislation and quit if Bush ignores his opinion.

...Legal experts cautioned that if Mukasey called it torture, that effectively could have constituted an admission that the United States engaged in war crimes. It could also commit him to prosecuting U.S. officials even before he takes office.