Kevin has a good thought on confirming Mukasey
After all, Mukasey's job at Justice will be to consolidate authoritarian gains after Gonzales laid waste to the place and got everyone who was either competent or not a complete tool to resign in disgust if they hadn't already been fired. Mukasey will entrench the theory of the unitary executive** and write more torture memos, just wait and see. Mukasey is just as legitimate as the rest of the criminal Bush regime; that is, not at all.
Still, accepting the theory that it's better to have a competent authoritarian at the helm of Justice, instead of a sociopath, it might make sense to let Mukasey slide in. Who knows? He might even see the light. Bruce Fein did. And Kevin has a good suggestion for how:
There's really no good solution here — and like it or not, we don't have the votes to defeat Mukasey anyway. But as an unsatisfactory compromise, I'd recommend that Democrats simply vote present as a bloc when Mukasey's nomination comes to the floor, allowing the GOP to confirm him using only their own votes. It's one way of letting the American public know clearly that although we'll let the president choose his own advisors, they're his advisors and he's responsible for them. It may not be feasible to block Mukasey's nomination, but there's no reason any Democrat needs to actively approve of it.
Cripple the bastard so he can do as little damage as possible.
Fuck comity. Well, no, on second thought, don't fuck comity. I'm not a necrophiliac, after all.
NOTE Also known as The Theory Of We Get To Do Whatever The Fuck We Want.