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Mukasey Won't Call Waterboarding Always Illegal

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January 29, 2008 9:20 PM

ABC's Ariane DeVogue reports: For the first time, Attorney General Michael Mukasey has addressed the issue of whether waterboarding -- an interrogation technique that simulates drowning -- is illegal. He says that there are some circumstances where current law "would appear clearly to prohibit the use of the technique."  But in a letter to Democratic Senator Patrick Leahy (D-Vermont), chairman of the Senate Judiciary Committee, released hours before Mukasey's scheduled hearing before that committee, the Attorney General says that "other circumstances would present a far closer question."   

In the letter Mukasey says that he has been briefed on the CIA interrogation program and has been told that waterboarding is "not currently authorized for use in that program."

Mukasey does not rule out a scenario that at another point in time waterboarding could again be authorized. The Department of Justice is investigating the destruction of video tapes by the CIA in November 2005 which depicted the use of the controversial technique against a high level detainee. 

In his letter, Mukasey outlines a "defined process" by which a new method could be authorized for use of waterboarding by a CIA program. The process would begin with the CIA Director's determination that the addition of the technique was required for the program.   Only at that point would Mukasey, as Attorney General, need to determine if the technique is lawful "under the particular conditions and circumstances proposed," he says.

Democrats reacted swiftly to Mukasey's after-hours letter. "This last-minute response from the Attorney General echoes what other administration officials have said about the use of waterboarding." said Leahy in a statement.  "It does not, however, answer the critical questions we have been asking about its legality."

Senators are expected to press Mukasey in the hearing Wednesday for more information  and explanation, including whether he considers waterboarding illegal if performed on Americans by others outside of US territory.   

January 29, 2008 in Romney, Mitt | Permalink | User Comments (27)

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Looks like this Bush cover-up clown is doing just what we expected: Bringing more corruption to the so-called "Justice Department." This is what happens when Congress doesn't do its job.

Posted by: Crusher | Jan 29, 2008 10:42:14 PM

So why can't we waterboard Mukasey, and let him judge for himself. I mean, it's not like it's torture!!!

Posted by: wake up! | Jan 29, 2008 10:51:56 PM

Be careful, beacuse if the President (maybe Hilliary) doesn't like what you say. And reads what you just said: He/She can declare you an "enemy combatant", seize you from where you are typing right now, and sent you to serve indefinite detention in solitary confinement. Without a lawyer. Or knowing what you are being charged with. And you would be tried in a military tribunal under military law. Don't worry, I have complete faith that they will declare you innocent. They just wanted to scare you for a couple of years and release you once your "patriotism" has been restored.

Posted by: wake up! | Jan 29, 2008 11:17:21 PM

Why is this a surprise. Why else would bush have put him forward and insisted on his appointment? he wants to insure that whatever he does will be deemed legal.

Posted by: Louis | Jan 30, 2008 12:04:35 AM

To be Americans, we must act like it! With honor, respect and dignity, not giving in to using torture to get information that may or may not be useful. Waterboarding is exactly the same as pointing a pistol to someones head and pulling the trigger even though it is unloaded. We would despise those who would do this to our troops, lets not lower ourselves to tactics that terrorists would enjoy using.

Posted by: Brent | Jan 30, 2008 12:35:57 AM

Once again, second thoughts emerge, just as in granting President Bush the authority to wage an unjust war, Congress whines over an appointee by our majesty, King George, which did receive Senate confirmation. Rather than pandering followed by its disgusting whimpering, the Congress should live up to its responsibilities as an equal branch of government other than allow, the obviously corrupt, Mr. Bush, to manipulate them. Grandstanding, posturing, whining, whimpering, and making false promises by this group of pompous charlatans is the reason why the approval rating of the Congress is below that of a President who would make Warren G. Harding appear competent.

Posted by: mongo100 | Jan 30, 2008 4:39:21 AM

As usual anyone Bush appoints is just a puppet,doing as Bush says. If we torture we become just like the evil countries we oppose. Bush has made America on track to be a nation more like the Third Reich. Bush has ruined Americas image,and the true American way.

Posted by: AJ | Jan 30, 2008 5:24:24 AM

and as Mongo said, the Congress allowed it to happen because of their lack of backbone. Is anyone ever going to wake up and vote the whole lot of them out of office?

Posted by: dk | Jan 30, 2008 5:31:51 AM

I can't even believe that we are at a point where we have to decide whether waterboarding should be allowed. OF COURSE NOT. This is torture. America use to stand for a country that upheld human rights, now we are about a hair away from being China.

Posted by: impeachbush999 | Jan 30, 2008 5:42:07 AM

He is simply a man looking out for his own backside and a coward to tell the truth. Its as simple as that. Hes a coward like the rest of congress for not taking on and impeaching Bush. Cowards, the lot of them and this man is now head of that list.

Posted by: Kate | Jan 30, 2008 6:19:11 AM

History will now show him as the coward that he clearly is.

Posted by: Kate | Jan 30, 2008 6:20:59 AM

If they can use water boarding on Criminals, just how long do you American people think before they use it on American Citizens.The Police are allready torturing American Citizens with the Tazer! The Politicians must not be watching T.V. or logging onto ABC News homepage or they would see video of such Torture by Police in American Citizens.Of course we know thye log on and read these Comments, now they need to take action to prevent Police form thsi kinda Action!

Posted by: Listen Up | Jan 30, 2008 6:26:05 AM

This (not surprising) revelation again makes the Democrats appear more as cowards than champions and the Republicans as soulless brutes rather than bastions of "Conservatism". The people of America need to wake up to what is happening with the current establishment.

Posted by: gtrmaniac49 | Jan 30, 2008 7:48:34 AM

Huh... so if he won't comment on its legality, that's got to say something! Mowing your lawn is legal, but if you ask this guy if it is, will he say "I cannot comment on that."?

Posted by: Chris | Jan 30, 2008 8:54:17 AM

Civilized societies have recognized "waterboarding" as torture for centuries. Many a "witch" or "heretic" confessed while enduring it. That this man will not call it what any decent human being knows it to be explains his utility to Bush/Cheney and proves that the Attorney General of the US is compromised and morally bankrupt.

Torture is useful only for forcing confessions and intimidation. The US public is the target audience.

Posted by: April4 | Jan 30, 2008 10:17:18 AM

Leahy runs the DOG and PONY Show for these guys after Cheney told our fine JUDICIARY CHAIRMAN what to do.

Posted by: daddy | Jan 30, 2008 10:23:05 AM

"Legal Waterboarding" So currently, it must be illegal? Justice by convenience! There are times when so called acts/behaviors deemed illegal can be legal. Not so for ordinary citizens, but can be available to our government? But not to all of government? Wow, mind fornication continues alive and well!

Posted by: nakagolf66 | Jan 30, 2008 10:45:35 AM

Here are 4 questions for the candidates for the debates. The questions, is, why haven't these been asked previously?

Do you support the Military Commission Act that empowers the president at his discretion to declare any U.S. citizen as an enemy combatant and subjected to detention without charge or due process, which could include anti-war protesters?

Do you support the John Warner Defense Authorization Act which allows the president to declare a public emergency and station US military troops anywhere in America as well as take control of state based national guard units without the consent of the governor in order to detain disorderly American citizens?

Do you support National Security Presidential Directive 51 which establishes a new post-disaster plan allowing the President to be charge of all three branches of government for as long the Presidents determines the duration of a national emergency, instead of the Congress making that determination? If you do, how is this different from a dictatorship?

Do you support the bill before the Senate called the The Violent Radicalization and Homegrown Terrorism Act which allows the government to spy on all Americans Internet and email communications?

Only Ron Paul would honestly answer these questions "NO".

Posted by: helen | Jan 30, 2008 10:49:08 AM

Good answer Mukasey! America might dissaprove of the technique but its not a priority to them at all! When Americans soldiers are beheaded and dismembered and all we want to do is act like pascifists, come on! Its been used and America hasn't been attacked since 911! If attacks were happening right now then maybe you will get millions in the streets marching and flooding out senators and representatives phone to stop this technique! Until then your voices maybe heard but ignored! Frustrating isn't it!

Posted by: Anthony | Jan 30, 2008 11:22:40 AM

Torture me back to ol' Virginie! C'mon dudes the surf's up. Let's go waterboarding!

Posted by: Skulz Fontaine | Jan 30, 2008 12:45:05 PM

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