STORY HIGHLIGHTS
Sen. Patrick Leahy says he will not vote to confirm Michael Mukasey
Leahy's decision could derail Mukasey's attorney general nomination
Judiciary Committee chairman say he is troubled by waterboarding answers
Committee scheduled to vote on nomination on Tuesday
WASHINGTON (CNN) -- Senate Judiciary Committee chairman Sen. Patrick Leahy will vote against the nomination of Michael Mukasey as attorney general, a source close to the senator told CNN Friday.
The Vermont Democrat, who is to make an announcement Friday afternoon, is the latest committee Democrat who will oppose Mukasey because of questions about his views on the interrogation technique called "waterboarding" and the president's power to order electronic surveillance.
"No American should need a classified briefing to determine whether waterboarding is torture," Leahy will say, according to excerpts from his remarks provided to CNN. "Waterboarding was used at least as long ago as the Spanish Inquisition. We prosecuted Japanese war criminals for waterboarding after World War II.
"I am eager to restore strong leadership and independence to the Department of Justice. I like Michael Mukasey. I wish that I could support his nomination. But I cannot. America needs to be certain and confident of the bedrock principle -- deeply embedded in our laws and our values -- that no one, not even the president, is above the law."
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http://www.cnn.com/2007/POLITICS/11/02/leahy.mukasey/index.html