Mukasey nomination stalls on definition of torture

Waterboarding. Torture or not?

When President Bush nominated Judge Michael Mukasey to replace Alberto Gonzales as the U.S. attorney general, Democrats applauded.

And then Mukasey started talking. During confirmation hearings a couple weeks ago, Mukasey refused to say whether he thought that waterboarding amounted to torture.

Umm, wrong answer, came the reply from Democrats who control the Senate judiciary committee.

So Mukasey followed up with a letter this week describing waterboarding as personally “repugnant” and “over the line.” But he hedged on whether the practise is actually illegal.

Americans can be forgiven for being confused on the matter. Congress has banned the U.S. military from using the technique, which involves simulated drowning of an interrogation suspect. But the CIA has used waterboarding at least three times, and Mukasey’s refusal to declare the practise illegal is viewed as an attempt to protect the agents involved from prosecution.

At the Heritage Foundation this afternoon, President Bush weighed in….

“As a price for his confirmation, some on that committee want Judge Mukasey take a legal position on specific techniques allegedly used to interrogate captured terrorists.

“As Judge Mukasey explained in a letter to committee members, he cannot do so for several reasons.

“First, he does not know whether certain methods of questioning are, in fact, used, because the program is classified. And therefore, he is in no position to provide an informed opinion. He has not been read into the program and won’t until he is confirmed and sworn in as the attorney general.

“Second, he does not want an uninformed opinion to be taken by our professional interrogators in the field as placing them in legal jeopardy. Finally, he does not want any statement of his to give the terrorists a window into which techniques we may use and which ones we may not use. That could help them train their operatives to resist questioning and withhold vital information we need to stop attacks and save lives.”

Last year, Steve Harrigan of Fox News gave a very dramatic first-person report on the subject. Here is the video.

And, here is a link to the FoxNews report on their website

Harrigan says it’s more about fear than pain. “The thing that impressed me was just how quickly you can recover. They took me to the brink, where I was ready to submit and tell them anything….and then just minutes later I’m standing beside that pool, feeling fine.” Harrigan concludes, “This seems like a pretty efficient mechanism to get somebody to talk, and then still have them alive and healthy within minutes.”

Update: The Admiral of Chappaquiddick will vote against Mukasey…

“Judge Mukasey appears to be a careful, conscientious and intelligent lawyer and he has served our country honorably for many years,” Kennedy said in a Senate speech announcing his opposition. “But those qualities are not enough for this critical position at this critical time.”

Kennedy said Mukasey’s unwillingness to say that waterboarding is torture increases the chances that it will be used against U.S. troops.

Mary Jo Kopechne could not be reached for comment.