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. Mukasey takes the place of Alberto R. Gonzales, who left under a cloud of scandal in September.
He avoided defeat only because a half-dozen Democrats voted in favor of the appointment along with Republicans and Democrat-turned-independent Joseph I. Lieberman (Conn.).
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 last night that, although they are troubled by his equivocal views on waterboarding, they believe Mukasey represents the best possibility for change at the troubled Justice 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 E. Schumer (N.Y.), Evan Bayh (Ind.), Thomas R. Carper (Del.), Mary Landrieu (La.) and Ben Nelson (Neb.).
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/08/AR2007110801890.html
I along with others traveled to D.C. to protest the denial of habeas corpus. I wore a T'shirt that said Restore Habeas Corpus. I remember seeing Senator Schumer as he was going down the hall. He stopped when a group of us came in and I noticed that he was looking at the words on the T'shirt. Seeing his vote for Mukasey sickened me.