Conrad & Dorgan oppose Mukasey

WASHINGTON - Both of North Dakota's senators voted against the nomination of retired judge Michael Mukasey as attorney general, saying he should be more specific about the government's definition of torture.Mukasey was confirmed late Thursday by a 53-40 vote. Six Democrats and one independent joined Republicans in sealing his confirmation.
North Dakota's two Democratic senators, Byron Dorgan and Kent Conrad, joined other members of their party in voting against his confirmation because of his refusal to say whether the waterboarding interrogation technique is torture."That's just not acceptable," Conrad said Friday.Dorgan agreed, saying the debate over torture is a "defining issue in terms of this country's character and moral authority."Waterboarding, used by interrogators to make someone feel as if he or she is going to drown, is banned by domestic law and international treaties. But U.S. law applies to Pentagon personnel and not the CIA. The Bush administration won't say whether it has allowed the agency's employees to use it against terror detainees.
Both North Dakota senators said they also opposed Mukasey because of answers during his Senate confirmation hearing that left open how much power he would allow the president. Senators sought to pin him down on how much legal leeway he would give the president, as authorized in the Constitution, beyond laws that have been approved by Congress.The struggle over the balance of power was a hot topic during the confirmation hearings, underscoring two issues confronting the Justice Department - the extent of presidential authority to eavesdrop on terror suspects, and congressional subpoenas to force administration aides to testify about whether politics influenced the firings of nine U.S. attorneys last year.
"The implication of his answers were that the president has almost unlimited power," said Dorgan.Conrad said that issue raises serious questions in his mind."The courts interpret the law, not the president," he said.Mukasey replaces Alberto Gonzales, who was forced from office over his handling of the Justice Department