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Mukasey's Postion on Torture is Unclear After Two Days of Hearings

Suzanne Ito,
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October 19, 2007

The were a jumble of opinions.

On the abuse of executive power, Mukasey said Wednesday: "I would certainly suggest going to Congress whenever we can. It always strengthens the hand of the president...Unilateralism, across the board, is a bad idea." Sounds good.

( like a chatty book club member. The book, in this case, is Jack Goldsmith's Terror Presidency. Mukasey "couldn't put it down," BTW. And Schumer's copy was all Post-It noted.)

When asked his thoughts on Guantanamo, Mukasey hesitated a bit, but ultimately concluded: "I'm prepared to say we need to get the best advice and the best ideas we can, with the goal of closing it down." He joins the ÀÏ°ÄÃÅ¿ª½±½á¹û, and most Americans, (and the , and ...) on that one.

When , on Wednesday he said: "It's antithetical to everything this country stands for," and compared it to the Holocaust. That was in pretty stark contrast to former Mukasey also claimed to not know what waterboarding entailed.

But on Day Two of the hearing, Mukasey called torture unconstitutional, but after hearing Senator Whitehouse's description of waterboarding, refused to call it torture. He even implied that torture would be okay if the president signed off.

(For a good example of double-speak on torture, check out ÀÏ°ÄÃÅ¿ª½±½á¹û attorney , where Ben discusses former .)

When it comes to an AG nominee, we're looking for someone who doesn't hedge. We're looking for someone who will promise the American public that he'll follow the rules; in this case, the rules outlined in the Army Field Manual on Intelligence Interrogations. (, if inclined.)

We'd also like a nominee who will commit to providing key documents supporting an illegal interrogation program. A little sunshine inside the DOJ sounds nice, doesn't it?

Senator Leahy says he won't hold a vote on Mukasey's confirmation until he receives written responses to some questions raised after the two-day hearing. Let's hope those answers include some reassurances that Mukasey will bring about changes that will restore dignity to a disgraced Justice Department.

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