Mukasey Again Questioned On Torture
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WASHINGTON — Senior lawmakers criticized Attorney General Mukasey yesterday for his steadfast refusal to denounce waterboarding as illegal, revisiting a stalemate that nearly derailed his confirmation last year.
In his first appearance before the Senate Judiciary Committee since taking over the Justice Department three months ago, Judge Mukasey held to his vow not to expressly state whether the technique of waterboarding, which involves simulated drowning, is legal, saying such a disclosure could provide enemies of America with more information than they should have.
Top senators on the committee had pressed him for an answer even after his confirmation, and he preempted — to some extent — a harsh line of inquiry at yesterday’s hearing by sending a letter to the committee Tuesday night.
Still, his responses did not satisfy several Democrats, including the chairman, Senator Leahy of Vermont, and Senator Kennedy of Massachusetts.
Judge Mukasey, a former federal judge from New York, has said torture is illegal under American law, but he has refused to say whether waterboarding constitutes torture.
“It’s like saying you’re opposed to stealing but not quite sure whether bank-robbery would qualify,” Mr. Kennedy told Judge Mukasey.
He then asked the attorney general whether waterboarding would be torture if done to him. “Um, I would feel that it was,” Judge Mukasey replied.
The Senate’s second-ranking Democrat, Richard Durbin, told Judge Mukasey he was “troubled” by his evasiveness.
“Some of your words have melded into the abstract,” Mr. Durbin said, quoting George Orwell, whom Judge Mukasey had cited as a hero.
After reviewing Justice Department memos about the CIA’s interrogation program, Judge Mukasey that while there are circumstances in which waterboarding is clearly unlawful, there are others in which it “presents a difficult question.”
Despite the pointed questioning, the tone of the hearing was cordial, and several lawmakers said Judge Mukasey had already demonstrated an improvement over his predecessor, Alberto Gonzales.
