By Seth Stern, CQ Staff

A growing number of Democrats are uneasy about the nomination of Michael Mukasey for attorney general, but all he needs is a single Democratic supporter to advance out of the Judiciary Committee when it votes Nov. 6.

That may still prove possible, as several committee Democrats have suggested their primary concern is providing leadership to a department adrift, a consideration that may outweigh their discomfort with Mukasey’s answers to questions about “waterboarding,” an interrogation tactic that simulates drowning.

On Wednesday, though, Sheldon Whitehouse of Rhode Island, a committee Democrat who previously indicated that he was leaning in favor of Mukasey, came out against him in a speech on the Senate floor.

“I am torn deeply torn between this man and this moment,” said Whitehouse.

Whitehouse became the third panel Democrat to announce firm opposition to the nominee, joining Richard J. Durbin of Illinois and Joseph R. Biden Jr. of Delaware. Biden is also one of four Democratic presidential candidates in the Senate who have announced their opposition; the others are Hillary Rodham Clinton of New York, Barack Obama of Illinois and Christopher J. Dodd of Connecticut.

Most Judiciary Democrats said Wednesday they remained troubled but undecided and planned to read the 172 pages of answers that Mukasey submitted to their follow-up questions before reaching a final decision. Democrats hold 10 of the 19 slots on the panel.

“I’m very torn, and I’m very concerned about his unwillingness to say straight out what I believe is the case — that is, that waterboarding is illegal,” said Russ Feingold , D-Wis. Chairman Patrick J. Leahy , D-Vt., would say only that he was “close” to a decision.

Once again, a controversial nomination in the Judiciary Committee may hinge on Dianne Feinstein , D-Calif., whose vote in favor of Leslie Southwick as a nominee to the U.S. Court of Appeals for the 5th Circuit allowed him to advance to the Senate floor, angering fellow Democrats. Feinstein was noncommittal Wednesday.

Most conspicuously silent was Mukasey’s fellow New Yorker, Charles E. Schumer , who initially offered unusually warm praise for the nominee and did not come out against him this week as other Democrats attacked. Asked Wednesday about the nomination, Schumer would say only, “I’m reading the letter, going over it.”

Mukasey’s nomination could be delayed further if any members exercise their right to hold over the nomination the first time it comes before the committee. And even if the panel rejects Mukasey, it could still forward the nomination to the Senate floor with a negative recommendation. “I don’t want to even think that far ahead,” Leahy said.

There was little in the answers Mukasey submitted to the panel Oct. 30, or in a companion letter to Democrats, that is likely to satisfy the majority. Mukasey called waterboarding “repugnant” but stopped short of saying it is illegal.

Not surprisingly, GOP members had a different take on Mukasey’s responses. Ranking Republican Arlen Specter of Pennsylvania defended the nominee for going “about as far as he can go.”

“He has repudiated waterboarding, he has rejected it, but he has stopped short of making a determination of legality,” Specter said. “And let’s face the facts. The facts are that an expression of an opinion by Judge Mukasey prior to becoming attorney general would put a lot of people at risk.”

He also suggested that Mukasey could be allowed access to classified documents regarding secret interrogation methods in order to give more thorough answers.

GOP senators say Democrats are slow-walking the nomination even though they have complained for months that the Justice Department needs new leadership.

“He is qualified and ready to lead,” said Orrin G. Hatch , R-Utah. “Then why is Judge Mukasey not already on the job, leading the Justice Department to where Americans need it to be?”

Greg Giroux and Greg Vadala contributed to this story.

First posted Oct. 31, 2007 11:08 a.m.