position on waterboarding is the legislation being introduced by Biden that defines it as torture and makes it illegal. That would be a definitive vote, for both sides of the aisle.
I'm not sure that Bush even needs to make a recess appointment. I don't know what the process is there. As long as his nominees are rejected, can't Bush let the current acting AG continue to serve? The acting AG, a man name Peter Keisler, is a Bush crony, and is also currently obstructing investigations into contractor fraud in Iraq. Among other bad things, I'm sure. The point being - Bush is quite happy with the situation as it is.
http://indigentahole.blogspot.com/2007/09/acting-us-attorney-general-obstructing.htmlPersonally I don't see the Dems actions vis a vis Mukassey as an endorsement of torture so much as an acceptance of the lesser of two evils. Mukassey would be better than Keisler, and the chances of Bush sending up an appointment that will say that waterboarding is illegal is zero.
The torture issue can be decided in a Senate vote, as it should be.