Granted, Attorney General Michael Mukasey has a tricky job, in that he must not only account for his actions in what remains of the Bush administration but also for those of two previous attorneys general. But it’s tragic that Mukasey remains unwilling to define and denounce waterboarding as torture. He ducked senators’ questions Wednesday: “Given that waterboarding is not part of the current program, and may never be added to the program, I do not think it would be appropriate for me to pass definitive judgment on the technique’s legality.â€
To his credit, GOP front-runner John McCain has no doubts about waterboarding: “It is torture,†he said during a fall debate. Why must the attorney general act as if it might not be?

42 Comments
“I do not think it would be appropriate for me to pass definitive judgment on the technique’s legality.”
The AG is acting like a Judge, which he should do being the chief Law Enforcement officer in the country.
Nothing new though, he gave the same answer when he was being confirmed.
“The AG is acting like a Judge, which he should do being the chief Law Enforcement officer in the country.”
What are you a communist? Huge difference in the roles of law enforcement and the bench …….
… hell make him the jury too
This is your lucky day Larry – on Thursdays I’m a communist.
What he doesn’t say speaks volumes to everyone willing to listen.
He’s not about to say anything definitive that will embarrass his boss. Same old obfuscations to protect the backside of the most incompetent, corrupt, outright stupid president in recent memory. Mukasey got where he is thanks to Dubya– and he’ll do anything to return the favor.
lindainks55
Posted January 31, 2008 at 7:06 am | Permalink
What he doesn’t say speaks volumes to everyone willing to listen.
Spot on Linda. I think Kennedy actually got something out of him. Something to the tune of; Kennedy –If you were water boarded, would you think it was torture? – Mukasey – Yes I would.
How pathetic that we have our AG dancing under the spotlight. If we had been the non-interventionists, this would not even be an issue. Had we followed the constitution, we would not be in this trillion dollar quagmire.
Just how the hell are we going to pay for this? If the government does not cut spending and get us out of these wars our economy will self destruct – our just be outright owned by the Chinese.
Either it’s torture or it’s not, no room for equivocation!
I hope the new AG next year actually USES waterboarding – on the Republicans he investigates.
It was the sadist thing I have watched.
Sad to see yet another Bush Yes-man, chosen for loyalty over competence.
Again, folks:
Definitions do matter, and the authority that defines particular words also matters.
The Geneva Conventions grant POW status to specific people. If everyone was covered by POW status, that treaty, itself, would not have to explain who and who is not granted protection by that treaty.
I do not think that waterboarding is “torture” — however, to those of you who disagree, what is your source, what is your legal authority?
Terrorists who attack the US, on foreign soil, and who do not belong in any recognized military chain of command, are simply criminals.
Criminals who have no “Constitutional Rights” as they are NOT United States Citizens, and the US Constitution does not control, directly, on foreign soil.
Our TREATY obligations control, on foreign soil, in such a case.
Geneva says that our MILITARY is constrained, as to the interrogation proceedures that we can use, ON A POW!
Our military does NOT waterboard, the CIA is NOT the military.
Waterboarding has NOT been used against any person with POW status.
The CIA has used waterboarding against illegal enemy combatants.
There is NO LAW and there is NO TREATY that prohibits such use of this technique, against such people.
—–
By the way, Hillary Clinton is actually to the RIGHT of John McCain, on this issue:
“Waterboarding is torture. Ask John McCain. Torture should never be authorized by law. I believe that in the case of a ticking bomb, an American agent using torture to elicit information that in fact saves thousands of people from death and injury should be pardoned. But if the agent’s brutal and otherwise unconscionable acts did not succeed in that goal, he should be prosecuted criminally. A judge would, on conviction, decide if leniency was warranted. America’s laws should never allow torture to be used. I am convinced that the new attorney general, Michael B. Mukasey, will pursue violators of the law, including those who engage in torture.
There are those who take the view that torture can never be forgiven by the government and anyone engaging in it must be severely punished. While I appreciate the feelings of people who come to such conclusion, I believe it is not a reasonable response to the ticking bomb.”
This is from RCP, and they did a bad job placing the quotation marks.
http://www.realclearpolitics.com/articles/2008/01/clinton_mccain_are_the_best_of.html
Hillary, btw, says it is ok to put a “ticking bomb” exception into the law. McCain simply says, “do’t make it expressly legal, make them come to me for a pardon.”
McCain IMPLIES such, that is NOT a direct quote.
Sorry, but I relate torture to stealing: If you do it to anybody, you’ll do it to ANYBODY. Somewhere down the road you’ll come up with a valid (in YOUR mind) rationale.
Criminals who have no “Constitutional Rights”
Yeah but do they have human rights? They are still human right?
If we degrade ourselves by torturing those we have detained, we tarnish ourselves. Canada won’t extradite to the US anymore because we are a nation that tortures.
Why don’t you have someone water board you Econ. Let us know how it isn’t torture.
Criminals who have no “Constitutional Rights”
Yea, who needs a trial when we have already decided they are guilty.
“Given that waterboarding is not part of the current program, and may never be added to the program, I do not think it would be appropriate for me to pass definitive judgment on the technique’s legality.”
Of course waterboarding is not part of the current program. That would be illegal! We now use a technique called “Localized Overhumidification” which might appear similar to those with no expertise in the extraction of information under duress, but really it’s totally different.
Localized Overhumidification
Sounds like a balmy sauna. Does that come with a room of fat, ugly guys in towels having too much time and money on their hands?
“Localized Overhumidification”
LMFAO. Great one !!
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Seems like most people here understand that America sunk to new depths under bushco. We all hear clearly what Mukasey isn’t saying. Then there are those who are still excusing bushco. We understand what the Geneva Conventions say, we knew before Econ posted it overandoverandover. We also understand that doesn’t matter. Torture is unacceptable NO MATTER what is said where!
Ghoti,
” Does that come with a room of fat, ugly guys in towels having too much time and money on their hands?”
No, that would be torture, and illegal under the Geneva Conventions.
Torture isn’t even good method to get information, suspects either say want they integrators want to hear or they dont know. Econ if water boarding wasn’t torture then it would be perfectly acceptable for the military to use it, and we hung Japanese for water boarding Americans
Hillary and McCain BOTH disagree with you liberals.
BOTH see the “ticking bomb” as an exception.
I like the way McCain put it – “you better be damn sure you are right if you torture him”
Econ,
If person ‘A’ water boards person ‘B’ has person ‘A’ tortured person ‘B’?
Sol – apparently it depends. If person A is Japanese and person B a US soldier the answer is YES and he is hanged for it. If person A is a CIA agent at Gitmo and person B is an Iraqi of Afghan the answer is NO.
What a crock huh?
John McCain is in Erie PA right now.
Tom Ridge International Airport, to be exact.
Security is everywhere.
PA does not vote until March.
This is either another endorsement, since NY, NJ, and neighboring states are up on Super Tuesday, or it is a VP “tease” — though too early for McCain to pick, right now, IMHO.
I think Ridge will NOT be the pick, he will not make conservatives that happy.
Really McCain supports torture? every time I’ve seen him speak on the issue he is vehemently opposed to it?
if were guessing VP’s for McCain my moneys on him picking Huckabee or Rudy Huck helps him with conservatives and southerners, Rudy helps him in the northeast usually democratic stronghold. And I beilive Edwards dropped out to help Obama since their splitting the anti hillary vote
Tom
McCain does not want an exception for a “ticking bomb” written into the law.
McCain thinks, if you are that sure that torture is necessary, you should be able to request a Presidential pardon, based on the success of your assumption.
Hillary is to the left of McCain, on this. Hillary would write a “ticking bomb” exception into the law.
Tom – I suggested Huckabee some time ago – I stand by that prediction.
I have a feeling that after next Tuesday the GOP will be largely sewn up.
Sol, that “ruling” about not extraditing has always been effect if the deportee might suffer the death penalty. A deportaion order for a US serviceman was thrown out by a judge even though the Canadian Government proved he was a volunteer soldier so he could not claim refugee status. It will be appealed by the Government, I’m sure. We do not deport to torture/abuse countries but the US ain’t one of them and nobody in Canada considers the US to be a torture state, but it makes big headlines, with this headline/ruling stage managed by Amensty International. A few Canadians sadly, do have experiences of neo-Cons being able to circumvent the laws regarding torture/abuse, and this could be the basis for the stay of deportation engineered by Amensty Iternational.
See http://www.wen2k.com/tell.php?Id=1771 . This video shows what Mukasey is allowing to be done to our Soldiers if captured by the Terrorists in Iraq. He is stating, “This is fair and equal”. He is and “”IDIOT”"!!!!!!!! Demand the universal stoppage of “WaterBaording”!!!! Demand a fair and safe measure for the American Soldiers in the “Engagement Of WAR”!!!!! Herbert West III, http://www.wen2k.com west.herb@yahoo.com
NN: Is it true that at the beginning of the Afgan war Canadian infantry turned over POW’s to American troops for processing and then to the Afgans when they found out abuse was happening to the POWs in US custody? After they saw Afgan abuse they now hold onto captives themselves and they just produced legal briefings saying that America and Israel are abusers of prisoners.
Herbert West
Calm down.
WE do not “waterboard” POW’s — we have only done that to criminal terrorists who did not have POW status and our military did not do it, the CIA did it.
Other countries have no treaty with the United States, concerning how we treat non-military prisoners.
You are mixing apples and organges.
We are in full compliance with the Geneva Conventions, even in the few instances where we have used waterboarding against illegal enemy combatants.
—–
Ben
When a US Marine shoots someone in the field, he does not need a judge, a jury, a warrant or anything else, if that person is shooting at him or poses a threat to him.
If the Marine or Soldier captures that person, rather than shooting that person, outright, and that person is NOT in uniform and does NOT answer to any military chain of command, it is YOU and WEST that would water down Geneva.
That illegal enemy combatant does not have Geneva POW rights.
To grant that criminal terrorist any rights, under Geneva, simply reduces the incentives for other combatants to follow international law.
Again, it is liberalism that is watering down the rules of civilized combat, by granting the honor of POW status to thugs.
I am fully in favor of water boarding anyone who thinks water boarding is ok.
We can start with paul.
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