Schumer said, “The Mukasey nomination means that confrontation should not be in the front of anybody's mind right now.” Schumer would not rule out voting against Mukasey’s confirmation, but added, “I think I am open-minded and hopeful he will satisfy the concerns that I have and other Democrats have and he will become the consensus nominee.”

In the past, Mukasey received scattered criticism from social conservatives for his 1994 decision not to grant political asylum to a Chinese man who fled China because he was being persecuted by Chinese authorities for defying the country’s one-child per couple, forced abortion rule.

Judge Mukasey wrote in Dong v. Slattery that immigration law would not permit political asylum. Mukasey later participated in an appellate decision in 2006 that ordered further proceedings for women who sought asylum based on forced sterilization.

Soon after the president’s announcement, Republican Minority Leader Sen. Mitch McConnell (R.-Ky.), Judiciary committee Ranking Member Sen. Arlen Specter (R.-Pa.), Senate Republican Conference Chairman Sen. Jon Kyl (R.-Ariz.) expressed support in written statements for Mukasey.

Ed Meese, president of The Heritage Foundation, issued a statement of overwhelming support for Bush's choice: "Judge Mukasey is an excellent nomination for attorney general. His past experience in the Department of Justice as assistant U.S. attorney and his tenure as chief judge of a major federal district court give him the necessary background for this position. His demonstrated capability in the handling of numerous criminal cases, including those involving terrorist acts, provides evidence of his fairness and professional legal ability. He enjoys an excellent personal reputation and will provide strong leadership for the Department of Justice."

Recently, Mukasey has served on the Justice Advisory Committee of Republican presidential candidate and former New York Mayor Rudy Giuliani and has donated $1,200 to his presidential campaign.