U.S. Attorney General, Michael Mukasey, who made it through the Senate Judiciary Committee because of Democrats not standing up to Bush, is now trying to bully a federal judge and the U.S. Congress. One of the arguments put forth by those Democrats (Schumer of New York and Feinstein of California) was that the Congress could just pass legislation making waterboarding illegal (even though it already is illegal). Well, Senate Republicans have blocked that legislation and Bush would have vetoed it he claims.
Now the Democrats are on record as suggesting that such legislation was necessary. It means that they appear on record to feel that the current state of the law isn't clearly against waterboarding (that despite their comments in the hearings to consider Michael Mukasey for the position of Attorney General).