Mukasey's Views on Torture: More Flexible than Advertised

Everyone got too excited too soon about Mukasey's apparent take on the duty of the American government to reflect the essential decency of its people.  When asked by Senator Sheldon Whitehouse if he believes that waterboarding is unconstitutional, Mukasey said that waterboarding is unconstitutional if it's torture. "'If waterboarding is torture... torture is not Constitutional,' he replied."(TPM)   

Marty Lederman at Balkinization said:  "Just now, in response to repeated questions, he [Mukasey] insisted that he did not know enough to say whether waterboarding, or any other technique, is torture, cruel treatment under Common Article 3, or otherwise unlawful. It's really remarkable how far we have fallen when a jurist of Judge Mukasey's caliber cannot answer such questions without hesitation...."

Lederman marvels that we were sufficiently sanguine to expect anything else.  Did we really "think that Judge Mukasey would opine that his new boss has been violating the law?" (Balkinization)

We thought it was odd.  But we also thought it was right.  Which is how we got so confused.  Prairie Weather said:  "Democrats have gotten into the habit of accepting the least worst. Time to come to terms with the fact that, given the quality of Bush nominees, least worst winds up being beyond even our worst imaginings. Every time.  Wake up, Senators."   Check out the blogger round-up at Memeorandum here and also here.

RELATED BN-POLITICS POSTINGS

 AG Nominee Mukasey Calls Torture "Antithetical to What America Stands for"

 Romney's Pick for National Security Adviser Would Torture 'in a Heartbeat.'

 "Aggressive Interrogation Techniques" Part 2  (ATTN:  Republican Candidates).

 "Aggressive Interrogation Techniques" versus The American Way.

 More Secret & Illegal Maneuvering re: the Administration's Use of Torture

Tales of Repression in Burma; First Lady Laura Bush Takes a Stand

Jon Stewart:  Blackwater

General Says Rumsfeld Misled Congress re: Abu Ghraib

Colin Powell Calls for Closing of Guantanamo

Senate Takes Swipe at Secret CIA Prisons, Seeks to Learn What Bush Knew Before Invading Iraq

Boeing Faces Suit over CIA's Secret Abductions

LINKED

1. Is Waterboarding Torture? Mukasey: Yes, if It's Torture (TPM)
2. Mukasey: President Can Break Some Laws (TPM)
3. Meet the New Boss:  Judge Mukasey is Agnostic on Whether Waterboarding is Lawful (Balkinization)
4. Mukasey.  True colors. Oh, and the law is what he says the law is (Prairie Weather)