Earlier this week, ThinkProgress noted that two months into his tenure as Attorney General, Mike Mukasey still would not answer whether waterboarding is torture. The New York Times reports that yesterday, Mukasey hedged even more. “I didn’t say I wouldn’t answer it,” he said at a news conference. “I didn’t say that I would.” When asked about the nomination of torture advocate Steven Bradbury to the Office of Legal Counsel, Mukasey said, “Steve Bradbury is one of the finest lawyers I’ve ever met. … I want to continue working with him.”
UPDATE: Marty Lederman has more.

Of course he won’t, for if he did, then he’d expose this administration to war crimes charges because it’s a no-brainer that people have been waterboarded. Nobody in this administration puts principles and the rule of law above party and cronyism.
January 26th, 2008 at 9:43 pmOf course you won’t you effing coward. Signed, sealed and delivered to BushitCo.
January 26th, 2008 at 9:52 pmThe Democrats that voted for this P***K should be ashamed… Deeply ashamed!
January 26th, 2008 at 9:54 pmHow coy and cute of Mukasey. agghhhh
January 26th, 2008 at 9:55 pmThanks Sen. Feinstein, you complete and utter rube.
January 26th, 2008 at 10:00 pmMukasey said, “Steve Bradbury is one of the finest lawyers I’ve ever met. … I want to continue working with him.â€
You’ll get your chance, next year; while you coordinate your criminal defense strategies…
January 26th, 2008 at 10:02 pmDON’T WORRY….HE AND HIS NEOCON BUDDIES WILL KNOW SOON ENOUGH.
January 26th, 2008 at 10:02 pmJews THRIVE on torturing Arabs.
January 26th, 2008 at 10:09 pmThe Democrats that voted for this P***K should be ashamed… Deeply ashamed!
Comment by Merlin
Thanks Sen. Feinstein, you complete and utter rube.
Comment by barfly
Feinstein and Schumer…both Jews more concerned with the welfare of Israel, than the United States.
January 26th, 2008 at 10:12 pmComment by barfly — January 26, 2008 @ 10:00 pm
Actually, barfly, she’s the exact opposite… a very cynical, slimy operator.
Did you know her husband owned a 25% interest in a company that was awarded a $600MM contract for services related to the Iraq invasion. This was, of course, AFTER she voted FOR the invasion.
W/ only a modest 5% return on gross revenues, that contract should have put somewhere in the ‘hood of $7MM +/- in the loving couple’s pockets.
Little conflict of interest there, Di?
This has been pointed several times on TP over the last couple of years, mostly by trolls trying to be obnoxious, but by me too. I have never been a fan of DiFi, as they used to call her in SF.
A rube? HARDLY!!!!
January 26th, 2008 at 10:16 pmWell, well, if it isn’t a lil Nazi troll!
January 26th, 2008 at 10:17 pmOkay, folks, start flagging JoJo.
January 26th, 2008 at 10:20 pmMukasey should be ordered to answer Congress’ question with a “Yes” or “No” or face impeachment and removal from office. His refusal to state categorically one way or the other amounts to obstruction of justice at least, and contempt of Congress at worst.
January 26th, 2008 at 10:28 pmWayne, didn’t he tell the Senate he’d get back to them on the torture issue? I’m sure they could impeach him for impersonating someone with integrity…
January 26th, 2008 at 10:29 pmOkay, folks, start flagging JoJo.
Comment by The Republic of Stupidity — January 26, 2008
Agreed and done.
January 26th, 2008 at 10:33 pmI believe there is no place on this board for racism, anti-Semitism or any other form of prejudicial hatred. Period.
Mukasey: I may never say if waterboarding is torture.
here we go again, TP…
January 26th, 2008 at 10:34 pmi know there are no quotation marks, but it’s still misleading…
just take out the “I” and the headline will be totally truthful…
think?
Comment by RUCerious — January 26, 2008 @ 10:29 pm
I recall him saying something like he had not had time to look into it yet. There was at least the implication that he would, and announce his position. However I haven’t looked it up. Anyone have the exact quote?
January 26th, 2008 at 10:36 pmMukasey is a fuc*ing coward and a shill for fascists.
-GSD-
January 26th, 2008 at 10:44 pmFeinstein and Schumer…both Jews more concerned with the welfare of Israel, than the United States.
Comment by JoJo The Dog-Faced Boy — January 26, 2008 @ 10:12 pm
I think the correct terminology for Feinstein and Schumer are AIPACists/Zionists/Likudists. You open yourself to the “anti-semitism” tag, although I know what you are trying to say.
Now, that aside, I agree that Lieberman, Schumer, and Feinstein are more concerned with those parties in Israel I just spoke about than the citizens of the USA.
January 26th, 2008 at 10:58 pmHere is one quote given at his confirmation hearings.
“I don’t know what’s involved in the techniques. If waterboarding is torture, torture is not constitutional”
The implication given here, and by now proven to be deceptive, is that he will look into it and when he has formed his decision will “let you know.”
Of course, he and Julie Annie are close buddies, and his son works closely with him. He has said he would recuse himself from anything involving his good buddy. That says a lot, eh?
January 26th, 2008 at 11:02 pmPretty pathetic comment, Gin…
Whatsammatta, yer blow up sheep spring a leak?
January 26th, 2008 at 11:20 pmMoo-cow-see. See the Moo-cow-see. Exactly what planet is the Moo-cow-see on anyway? Oh, the Bush crime family planet, where up is down, wrong is right and all the Moo-cows are made of green cheese, see?
January 26th, 2008 at 11:22 pmHey Gin, Bushco has killed thousands…..plenty of PROOF around, how about you?
January 26th, 2008 at 11:26 pmGin, go find some tonic, and stay the fu(k on topic.
January 26th, 2008 at 11:29 pmGin is short for Gin Blossom.
Just sayin’….
January 26th, 2008 at 11:30 pmplenty of PROOF around, how about you?
Comment by wisedup — January 26, 2008 @ 11:26 pm
Yeah… as much as Chappaquiddick was a nasty, unfortunate incident, I don’t think it equates to the hideous bloodbath Herr Brusch helped unleash in Iraq. I’m more than a little astonished and disgusted at how trolls like Gin keep trying to twist this around.
Howzabout a little white phosphorus, Gin?
January 26th, 2008 at 11:31 pmComment by Gin — January 26, 2008 @ 11:15 pm
If this is all you can come up with, troll, go back to LG Footfungus and read up on politics.
Boy the trolls are pathetic these days! Almost makes me wish for Valient Venus to reappear….Ugh…did I just say that???
January 26th, 2008 at 11:33 pmGin Blossom or Gin Rummy? You make the call…
January 26th, 2008 at 11:34 pmYes, you did, Merlin…
Trolls got nuthin’ ta go with these days.
How would YOU like to be stuck trying to find something good to say about Brusch and the GOOP these days?
January 26th, 2008 at 11:35 pmTRoS, they didn’t accidently start WWIII today, that’s something good…
January 26th, 2008 at 11:38 pmThis guy is no better than Gonzo. He’s a YES man with no intregrity, so what does anyone expect. I hope Mukasey can sleep at night knowing that he condons torture. I remember the trials at Nurnburg, when the judges claimed that they were just following orders. They got lifes sentences for condemning people they knew to be innocent and approving torture and murder of prisoners as well as civilains.
If Judge Mukasey thinks that history will forget what he has done, he’s got another thought coming. He doesn’t have the luxury of working for a popular President. This adminstration will go down as one of the most corrupt, devisive, dishonest, and criminal in history. Why would any honest Judge want to join such an administration unlike he was as corrupt and dishonest?
January 26th, 2008 at 11:38 pmAnd they didn’t start it deliberately, either, RU.
Damn, that makes it a great day for the GOOP. Well, mebbe not for them, but for us, fer sure.
Come to think of it, that somehow seems like a possibility… Brusch gets tanked up some night, decides to ride his bicycle in the War Room, as a joke, falls off the bike and face first onto “The Button”…
And voila (as the French would say…), it’s “Dr Stranglove”, redux…
January 26th, 2008 at 11:42 pmMerlin — January 26, 2008 @ 11:33 pm
O NO YOU DI-UNT!
January 26th, 2008 at 11:43 pmValient Venus to reappear….Ugh…did I just say that???
Comment by Merlin — January 26, 2008 @ 11:33 pm
If she shows up — you’re the designated hitter…
January 26th, 2008 at 11:45 pmfor a second there I thought someone was a designated shitter…!
January 26th, 2008 at 11:48 pmThat too….
January 26th, 2008 at 11:50 pmVenus is what global warming looks like if things go unchecked.
HELL!
January 26th, 2008 at 11:53 pmWhat else can you expect from an immoral and unethical Bushie? SSDD.
January 27th, 2008 at 12:03 amOh oh oh oh oh I have a solution!
Listen to me kiddies!
Lets waterboard Mr. Mukasey until he says it is torture or until 2 hours elapse.
Maybe he is strong enough to stand by his convictions?
Either way, a win for humanity.
January 27th, 2008 at 12:15 amOK Dems in Congress - you passed this guy even though he wouldn’t say if waterboarding is torture. You could have held him up, but you didn’t.
Now you have your answer - he’s nominated, he doesn’t care what you think.
January 27th, 2008 at 12:18 amI agree with Marty Lederman:
[. . .] Instead, Mukasey should be asked:
– whether hypothermia, threats, stress positions, and severe sensory and sleep deprivation are torture or cruel treatment; and
– whether he agrees with OLC that, for purposes of the Torture Act, physical suffering cannot be “severe” unless it is of “extended duration or persistence.”
If Mukasey is giving cover to other techniques, by refusing to admit waterboarding is torture, the Senate dems should get him on record.
Next year, we’ll have plenty of time to sort it all out.
January 27th, 2008 at 12:35 amNext year, we’ll have plenty of time to sort it all out.
Comment by barfly — January 27, 2008 @ 12:35 am
I hope you’re right…..
January 27th, 2008 at 12:37 amComment by barfly — January 27, 2008 @ 12:35 am
If Mukasey is giving cover to other techniques, by refusing to admit waterboarding is torture, the Senate dems should get him on record.
Excellent point, barfly.
January 27th, 2008 at 1:14 amThe opinion of the attorney general is simply not important. Waterboarding is recognized as torture both by United States court martial precedent and by various international courts. The attorney general is not responsible for making or interpreting the laws, he is only responsible for leading the prosecution of lawbreakers. Mr. Mukasey clearly has no intent of doing his job and prosecuting those who have broken it. His bizarre interpretations of the law may allow those who have tortured prisoners in their care to go free for now. However, there should be no statute of limitations on crimes like these so they can be prosecuted when an administration which is respectful of the rule of law comes into office. The obstruction by this administration will make the investigations and prosecutions more difficult for sure, but by no means should preclude them.
January 27th, 2008 at 1:18 amComment by Zooey — January 27, 2008 @ 12:37 am
I hope you’re right…..
Yes, Zooey, after 2004 and the hopes we all had, caution is a natural response. However, this is not 2004. That was the darkest moment before the dawn. The momentum started to radically shift when Bush proclaimed that he had a mandate and was going to torpedo SS in Jan 2005.
2006 was the first visual proof that things were really different and real change was under way. Since then, everything happening points to a Democratic tidal wave in November. One sign not pointed out in the MSM is the large number of rethug Congress critters that are resigning rather than face defeat. They want to “spend more time with their families.” Look at Lott! Getting out while the time is ripe.
My optimism is on solid ground! Not the hopes and wishes of 2004.
January 27th, 2008 at 1:24 amMy optimism is on solid ground! Not the hopes and wishes of 2004.
Comment by Merlin — January 27, 2008 @ 1:24 am
You’re a ray of light, Merlin. I feel like I’ve been smacked down a few too many times, as a citizen of this country. I remain cautious…but hopeful.
January 27th, 2008 at 1:58 amMukasey is a lawyer and a former judge. This guy is the top law enforcement officer in the land. Yet, he parries and ducks everytime someone asks him about waterboarding. What does that tell you? It tells me this AG is no different than the last one and in some ways is worse because he is subtle and he knows when to open his mouth and when to keep it shut. Turns out he’s a Bush whore doing the bidding of the big pimp. How could someone with his legal experience not know that waterboarding fits the classic definition of assault under any penal code?! If joe smoe gets waterboarded in NYC, he can go to the cops and file a complaint for assault. In my opinion, since implements are used in this sickening act, it could conceivably be a serious felony. It certainly fits the definition of “high crimes and misdemeanors.” Ask any DA or criminal defense attorney about this. Thus, if our President (using the term loosely) approves of waterboarding or anyone else in his administration approves of it and considers it policy, this is criminal! Our cowardly congress should be laying the groundwork for impeaching these bastards for this and other well known crimes. Where are you congress now that the people need you to do your job and use the power given you by the constitution.
January 27th, 2008 at 6:38 amLet’s face it, if the Democrats had been caught waterboarding, everyone would be calling it torture.
January 27th, 2008 at 7:16 amEconomy is gonna be the center of Bushs monday SOTU. Man, this comes really as a surprise to me. For the past four years Ive been living in despair due to the shocking Republican surprise policies called Iraq. Now Im again overwhelmed with befuddlement because of the consequences of Iraq, called recession, in times of voting. Bush is dedicating his entire speech to it.Calculable as a lame duck.
January 27th, 2008 at 7:54 amPersonally, I find it heartening that the vast majority of Americans actually DO know who their enemies are, even if most liberals do not.
Comment by O. Bigfoot — January 27, 2008 @ 7:48 am
so, bigfoot, you’re coming aboard with the 70% of Americans that agree that George Bush and Co. are our biggest, most dagerous enemies? Because that’s what the American people know. 9/11, Katrina, anthrax, and the devastation of the economy are the work of antiAmerican thieves and traitors, known as the GOP. Al Qaeda is their creation, as everyone knows, and their tool for stealing elections int he USA. It’s telling that you won’t admit it, and are trying to deflect instead of answer, because it’s your side that is the real enemy of America.
January 27th, 2008 at 9:22 amthen you have obviously been paying far too much attention to your conspiracy theories, and far too little attention to recent history.
Comment by O. Bigfoot — January 27, 2008 @ 8:14 am
You must mean the recent history that has Bushco losing Iraq, Afghanistan and the GWOT, three wars, lost, simultaneously. that’s a real sign of success. No wonder you’re in the 20% of blind, crazy antiAmerican scum.
January 27th, 2008 at 9:24 amOther than a relative handful of liberals, no one really gives the issue of waterboarding much thought today. The issue was cleared up long ago when President George Bush stated that the United States does not torture.
Comment by O. Bigfoot — January 27, 2008 @ 7:25 am
Another in the very long list of Bush’s antiAmerican lies. The Hague awaits the War Criminal Bush, and his supporters.
January 27th, 2008 at 9:34 amIt it very scary to think that our country is being governed by a bunch of amoral sociopaths. I can’t think of any other way to describe these people.
January 27th, 2008 at 10:07 amclearly, the guy needs to be waterboarded to get him to tell us if waterboarding is torture.
January 27th, 2008 at 10:13 amTorture would be leaving a girl underwater in the back of your Oldsmobile with a little air pocket while you run off to find a neck brace and attorney. That should be punishable by more than a slap on the wrist.
Comment by Gin
Troll Gin thinks that she is being clever. But in actuality, all she is doing is showing what a tool she really is. She is a master at the strawman argument and the RNC talking points. Also, she’s rather dumb. Right there with GG and RR.
January 27th, 2008 at 10:18 amkuvasz, you’re on the right track, but let’s do it to, say, his wife and kids, and then ask him. That wouldn’t be torture, right.?
January 27th, 2008 at 10:18 amA lot of noise about such a non-issue. Who cares about this? Nobody.
Comment by Frank M
Troll Francine shows up to tell us that torture is a non-issue. Too bad he isn’t fighting for the cause that he so dearly loves (Iraq). If he was, he would be subject to being kidnapped and tortured. And you know what, we wouldn’t be able to say a damn thing about it. You can’t condemn torture when you do it yourself. Poor Francine, I pity him.
January 27th, 2008 at 10:23 amOther than a relative handful of liberals, no one really gives the issue of waterboarding much thought today. The issue was cleared up long ago when President George Bush stated that the United States does not torture.
Comment by O. Bigfoot
OBigFootInMouth, like Francine, thinks that no one cares about the fact that we torture people. He’s also stupid enough to think that if George Bush says it, it must be true, no matter the 280+ lies he told ramping up to invade Iraq. I think that we should put OBigFootInMouth and Francine in a room with 100 parents of soldiers who are in Iraq and Afghanistan and let them tell those parents that they don’t care about the fact that we torture our prisoners. Neither of them would survive long.
January 27th, 2008 at 10:26 amIf you need me to define our enemies, and the tactics that should be used to eliminate them, then you have obviously been paying far too much attention to your conspiracy theories, and far too little attention to recent history.
Comment by O. Bigfoot
OBigFootInMouth needs to pay more attention to our recent history. If he did, he would realize that the USA has become the biggest terrorist nation on this earth. We perpetuate terror (invading countries and torturing prisoners) and we manufacture new terrorists who want to harm us (invading countries and torturing prisoners). OBigFootInMouth is a fool.
January 27th, 2008 at 10:28 amYou’re assuming two things: (1) there will be elections in November and (2) that the elected Democrats will be interested in changing any of the current policies.
Comment by Frank M
Wow, Francine seems to be advocating our country becoming a fascist state with George Bush as the Dictator and Chief. Good one Francine.
As to the Democrats being interested in changing current policies, I believe that they will be very interested in changing current policies because they see what is happening to this country and know that we have little time to change the course that is driving our bus off a cliff.
On the other hand, they may not want to change the current policy of the Unitary Executive. I almost want them to retain the powers that Herr Bush has appointed himself. It would be fun watching the Republiscums implode as they screech about how the Democratic President is ignoring the rule of law. But, I more want us to going back to a country that respects our constitution and the rule of law. I think the Democrats know that we would not put up with their abuse of power any more than we are putting up with the Republiscums abuse of power.
January 27th, 2008 at 10:32 amMy, my. For the first time ever I can say I agree with BigO when he says the vast majority og Americans recognize the enemy. The face of the enemy and their current leader is George Bush and we will kick the lying, torturing bastards to the curb in November.
By the way BigO, it’s Sunday morning in Farmington, shouldn’t you be in church dressed in your funny pajamas?
January 27th, 2008 at 10:57 amThe evidence is conclusive: Mukasey is morally bankrupt.
January 27th, 2008 at 11:21 amSo is Frank M.
January 27th, 2008 at 11:24 amAgain
Someone please clue me in on why something that has been defined and recognized as torture is being debated as to whether or not it is actually torture.
They have broken the law, there is no debate on the subject. This government is not capable of holding anyone in government accountable for their criminal activities. We’ve seen it for 7 years and it is not going to change.
I’m sure you all probably already know, but the state of Vermont is about to vote to arrest either Bush or his dad Dick for war crimes and other offenses if either of them step foot in the state.
How cool would it be if other states and other countries did the same.
January 27th, 2008 at 12:03 pmAlso, she’s rather dumb. Right there with GG and RR.
Comment by bilbobaggins — January 27, 2008 @ 10:18 am
and they have to rely on an incident from 40 years ago to try to deflect from the mass-murdering, torturing, losing Bush admalistration. How weak.
January 27th, 2008 at 2:07 pm—-
Mukasey: I may never say if waterboarding is torture.
When asked about the nomination of torture advocate Steven Bradbury to the Office of Legal Counsel, Mukasey said, “Steve Bradbury is one of the finest lawyers I’ve ever met. … I want to continue working with him.â€
—-
You see Schumer and Feinstein? This is a sample of your fine work. Now you’ll have to leave the Senate. We’ll see to it in your next primaries.
- Tom
January 27th, 2008 at 5:05 pmAnd Lucy pulls the ball away just before the kick once again. Could somebody in the Democratic leadership explain to me just why they keep confirming these loyalists? Did we need another Bush appointed AG that badly? I tried, oh, how I tried to convince members of the Judiciary committee that we could do without. Are they surprised? I guess they are.
January 27th, 2008 at 5:29 pmSchumer & Feinstein were such big fans of Mukasey, staking their now completely defiled reputations on his suitability for the job.
Perhaps the Schumer/Feinstein dynamic duo can waterboard an answer out of Mukasey.
January 27th, 2008 at 9:27 pmSo what are we paying Mukasey for if he can’t handle a simple task of merely stating he decision if waterboarding is torture or not.?
This is the smartest/brightest honest person for the job of top cop of the nation?
And what do we teach our children. Survival by any means of lying killing etc will get you ahead?
January 28th, 2008 at 2:27 amSo neither will he state that it is not torture? Why?
January 28th, 2008 at 11:29 am