First, it appears that Dodd may have an outsized effect on the other senators running for president. Since Dodd’s promise of a filibuster on telco immunity, which as I’ve detailed earlier, I believe to be be sincere, principled, and deeply held, his campaign, and his campaign donations have taken a major leap.

Because of this, I think that there are a number of candidates out there who have felt compelled to take stands both on the warrantless wiretapping and on Mukasey as Attorney General. Hillary is now opposing Mukasey over his obfuscation over waterboarding, so has Obama, and Biden is in opposition too.

Among the non-senators, Edwards is calling for him not to be approved, using references to the Spanish Inquisition^*.

Meanwhile, Mukasey is saying that waterboarding is “repugnant”, but still, as he has clearly been instructed (more detail further down) refuses to call it unconstitutional torture.

Senate Judiciary Committee Chairman Patrick Leahy (D-VT ) and Sen. Dick Durbin (D-IL) have both said that their votes depend on Mukasey’s answer to this question, and Republicans Sen. Lindsay Graham (R-SC) and Arlen Specter (R-PA) have expressed concerns. Truth be told, Graham is more significant than Specter. He always “expresses concern”, and then he votes with Bush and His Evil Minions^™.

Time Magazine has an interesting account of the backstage negotiations:

Some Democrats on the committee have tried to help Mukasey get out of the box he’s in. Harold Kim, a former Specter staffer who works in the White House Counsel’s office, has been negotiating with Judiciary Committee Democrats, trying to find language they can live with. But attempts to compromise with Congress have met resistance from Cheney’s office, and when it comes to interrogation techniques, the Vice President and his chief of staff, David Addington, have notoriously pushed for presidential authority to go unchecked by the legislative branch.

So it looks like they are trying to split rhetorical hairs, but there is also the question as to why is this the Vice President’s business? The AG serves the President, not him.

^*I didn’t expect a bloody Spanish Inquisition!^†
†NOBODY expects the Spanish Inquisition! Our chief weapon is surprise…surprise and fear…fear and surprise…. Our two weapons are fear and surprise…and ruthless efficiency…. Our *three* weapons are fear, surprise, and ruthless efficiency…and an almost fanatical devotion to the Pope…. Our *four*…no… *Amongst* our weapons…. Amongst our weaponry…are such elements as fear, surprise…. I’ll come in again.^‡
‡Yes, this did make my day.