The Senate approved the nomination of Michael Mukasey, despite "the former district judge’s contention that he did not know whether the interrogation tactic known as waterboarding constitutes illegal torture under U.S. laws."

The vote was 53-40.

6 Democrats voted to confirm:

Bayh (D-IN)
Carper (D-DE)
Feinstein (D-CA)
Landrieu (D-LA)
Nelson (D-NE)
Schumer (D-NY)

Five presidential candidates didn't think it was important enough to vote:

Biden (D-DE)
Clinton (D-NY)
Dodd (D-CT)
Obama (D-IL)
McCain (R-AZ)