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Mukasey Won't Call Waterboarding Always Illegal
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ShareJanuary 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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"MUKASEY SPEAKS"
IF THE PRESIDENT OF THE UNITED STTES WAS A BLACK MAN OR A WOMAN, THEN IT WOULD BE ILLEGAL.
IF THE PRESIDENT OF THE UNITED STATES WAS BILL CLINTON, HE WOULD ALREADY BE SITTING BEFORE THE SUPREME COURT BEING IMPEACHED.
BUT BEING THAT THIS GOVERNMENT IS ALLOWED TO CIRCUMVENT THE LAW AND THE CONSTITUTION, THEY GET A "MAYBE BUT MAYBE NOT"
MUKASEY NEEDS TO RESIGN, BECAUSE AS THE CHIEF LAW ENFORCEMENT OF THE UNITED STATES AND THE OATH OF THE CONSTITUTION HE IS EVADING HIS DUTIES TO PROTECT AND UPHOLD THE CONSTITUTION, NOT PROTECT THE PRESIDENT AND ALL OF HIS MEN.
ASHCROFT, GONZALES, AND NOW MUKASEY.
HOW MANY LEGAL SCHOLARS, CONSTITUTIONAL SCHOLARS IS IT GOING TO TAKE FOR SOMEONE TO SIMPLY IMPEACH OR CENSOR THIS PRESIDENT AND HIS VICE PRESIDENT.
WE CAN HANDLE IT.
Posted by: Roger Morris | Jan 30, 2008 12:47:24 PM
Why will the Senate NOT end this ongoing
charade and pass a law putting the legal
finger on the question of waterboarding
and make it illegal? What's the point of endless harangue (Senate version of a dog and pony show). Pleeeze!!!
Posted by: Rodney Custer | Jan 30, 2008 12:52:06 PM
Anyone who thinks that America should immerse herself in filth and allow torture to occur... Waddle on down to the library and read how Japanese and German soldiers were convicted of war crimes for doing exactly what you scream we should be allowed to do. Are your hides really so valuable that you'd sell America down the river to protect yourself?
Posted by: Dutch | Jan 30, 2008 1:04:56 PM
America is just not interested! The focus is on their financial situation duh! Ask any American on the street about what's wrong with America right now and it won't be waterboarding! Not in the Top 25! Congress will have Mukasey in front of them in a few days and he will repeat the same answer! They are wasting time and money on a dead issue. Trying to convince that Bush's Adminstration are a bunch of liars is very old news! They already feel that way! So bringing up old news is getting the public very frustrated on something that they have heard before! You can't and won't impeach him so focus on something else. I am guaranteed he and Cheney will be in office for the next year, move on!
Posted by: Anthony | Jan 30, 2008 1:18:55 PM
What is it about Republicans that they won't let themselves understand what torture is? Why do we have to put up with a government that tortures people?
There's this blind support of Jr. Bush and Dick Bumble that is just plain embarrassing for the entire country. I think the voters see it too. Jr.'s legacy = a long line of Democratic administrations.
Posted by: Rex Galella | Jan 30, 2008 3:19:47 PM
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: Change | Jan 30, 2008 4:21:44 PM
The fact that the Senate is getting involved at all is blatently unconstituitional. There's no question about whether this is legal. The laws are already written. Unless these senators are complete morons, they should know that answer. If there's a question about it, all they have to do is ammend the law. These politicians are overstepping their authority by attempting to interpret the law. If this law is a matter of dispute, then the courts are the only people who can resolve this.
All this is is a smear campaign. It's amazing how scandals appear out of nowhere right before an election.
Posted by: Michael Charlton | Jan 30, 2008 4:48:48 PM
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