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Mukasey won’t pursue waterboarding inquiry.»

In a congressional hearing today, House Judiciary Committee Chairman John Conyers (D-MI) asked Attorney General Mike Mukasey whether he plans to “investigate whether U.S. interrogators broke the law when waterboarding al-Qaida detainees the years after 9/11.” Mukasey declined:

Are you ready to start a criminal investigation into whether this confirmed use of waterboarding by U.S. agents was illegal?” asked committee Chairman John Conyers, D-Mich.

No, I am not,” Mukasey answered bluntly.

“Whatever was done as part of a CIA program when it was done, was the subject of a Department of Justice opinion, through Office of Legal Counsel, that was found to be permissible under the law as it existed then,” Mukasey said.

The Crypt notes that Mukasey didn’t mention waterboarding in his opening statement and refused to disclose the classified DOJ torture opinions to Conyers.

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44 Responses to “Mukasey won’t pursue waterboarding inquiry.”


  1. po Says:

    Gee, I’m an attorney. Would you mind me taking a peek at that DOJ DLC memo. I’d like to determine whether the DOJ’s hiring practices impacted the memo’s conclusions. Sure it didn’t, but just curious, you know? What, you do mind? Why? We’re still a government of the people, by the people, for the people, no? Oh, that executive order and those signing statements. Could I see them? No. Oh, just trust you. Oh, ok, you’ve been so forthright thusfar.


  2. arete Says:

    Obama silent on the confirmation, so I’ll say it for him: “Why can’t we all have ponies?”


  3. PeterW Says:

    So now written legal opinions by party hacks trump actual law and precedent?

    Congratulations, Repubs. The conversion of the White House into the Kremlin is now complete.


  4. GSD Says:

    This nation is toast.

    -GSD


  5. toasterhead Says:

    We live in a country that has sanctioned the torture of prisoners.

    I’ll say that again.

    We live in a country that has sanctioned the torture of prisoners.

    Keep repeating that to yourself until it sinks in.


  6. mongo Says:

    Can we at least impeach mukasey?

    Please…?


  7. SWBob Says:

    What is the surprise??????? The Dems knew that NO BUSH appointee would cooperate with ANY investigation of ANYTHING this mis-administration has done.

    Remember the rationalization of one CA Senator to confirm this clown? “This is the best we can expect, so let’s confirm.”

    The Dems had a chance to force this clown to answer the tough questions before approving his appointment. At least they could have confirmed with his agreement to investigate, but didn’t do it. They have only themselves to blame on this one.


  8. ucsbclassics53 Says:

    yet they act as if we should believe that the Bush administration tricked them…


  9. Wayne Says:

    A Bush AG that won’t pursue possible violations of the law?
    Why am I not supprised?


  10. robbez_92107 Says:

    Thank you, DiFi!!

    Meet the new Gonzo - same as the old Gonzo.


  11. robbez_92107 Says:

    Comment by Wayne — February 7, 2008 @ 2:52 pm

    JINX!


  12. ucsbclassics53 Says:

    NO other nominee from this criminal administration should be confirmed…


  13. Buckie Boy Says:

    “No, I am covering up Bush and Cheney’s war crimes, I am a Bushie Blood oath signer and will do anything to protect my dictator” Mukasey answered bluntly.

    Bush/Cheney/Mukasey
    Hague Trails ‘09

    Buck Fush


  14. po Says:

    An interm or acting AG would have been better than this one. Another cave in followed by all of the natural and intended consequences of the cave in coupled with cries of “well how could we have known?” This all sounds so familiar. The constant compounding all the more tiring.

    If you’re not going to do the job, you shouldn’t get the title. Plain and simple.


  15. Uncle Ho Says:

    comment by Peter W. @ 2:37

    Today’s White House has a much closer resemblance to the Reichchancerelly than the Kremlin.


  16. Fools on the Hill Says:

    Arrest Mukasey for obstruction of justice.


  17. jpopphan Says:

    Sadly, I don’t think that there will be any progress at all in this investigation until there is a change of administrations. It is going to take a Democratic president to make the investigations and prosecutions happen. Republicans simply will not do it.


  18. RUCerious Says:

    Gonna need a pretty goddamn big carpet to sweep that under, Mucky…


  19. missmolly Says:

    “Whatever was done as part of a CIA program when it was done, was the subject of a Department of Justice opinion, through Office of Legal Counsel, that was found to be permissible under the law as it existed then,” Mukasey said.

    ————————————————–

    It took a few reads through this rather Rumsfeldian statement to figure out what Mukasey is saying, but I think I got it.

    Isn’t he saying “it was legal because my department (under former leadership) said it was — therefore no investigation is necessary”?

    So, since the waterboarding is confirmed (and Mukasey isn’t disputing that), Mukasey then must be saying that waterboarding was legal — at least at that time. Therefore, it must not be torture.

    Is anybody nailing him down on these statements?


  20. EvilPoet Says:

    Torture is a war crime. Those who commit or order torture can be convicted under the U.S. War Crimes Statute. Techniques that don’t rise to the level of torture but constitute cruel, inhuman or degrading treatment or punishment also violate U.S. law. Congress should provide for the appointment of a special independent counsel to fully investigate and prosecute all who are complicit in the torture and mistreatment of prisoners in U.S. custody. -Marjorie Cohn, Unrepentant, Bush Denies Torture, 10-08-07


  21. RUCerious Says:

    Can we at least impeach mukasey?
    Please…?
    Comment by mongo — February 7, 2008 @ 2:42 pm

    me Like Mongo!

    Would you please ask Schumer and Feinstein this question, please!


  22. Repunklicans Says:

    Lets torture MUCKasey and all the rest of the reich-wingers, like they seem to think we should torture other terrorists.


  23. billyjoejimbob Says:

    It’s time for the nuclear option! Write a letter!


  24. billyjoejimbob Says:

    We just need one brave man/woman in the Senate or Congress to throw their chair across the room and jump up on Muckasey’s table and knock the sh!t out of him. Then ask……what are you going to do about it. I’m sure he will do nothing what-so-ever.


  25. Fools on the Hill Says:

    Impeachment is auf zee table.


  26. Zimzone Says:

    Let’s waterboard Mittens.

    He’s tough on terror.

    He’s sure we’ll be attacked again if a Dem is President.

    He’ll be the example we need to define torture.

    His 5 Sons can alternate turns with the water.

    We’ll show it live on TV & sell tickets to erase the deficit.

    If he dies he goes down in Mormon history as a martyr.

    If he lives, he can testify that boarding isn’t torture.

    We’ll promise not mess his hair up during the procedure.

    If he cries, we’ll ’suspend’ the operation.


  27. DieNowForPeace Says:

    IMPEACH THIS SON OF A B*TCH ALREADY.


  28. PatrioticLiberalChristian Says:

    We just need one brave man/woman in the Senate or Congress to throw their chair across the room and jump up on Muckasey’s table and knock the sh!t out of him.
    Comment by billyjoejimbob — February 7, 2008 @ 3:09 pm

    Barry Goldwater: “Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue.”


  29. SeanC Says:

    Bull-Fuc5ing-sh1t.

    I am enraged.

    ~Sean


  30. po Says:

    There will be no investigations. Of waterboarding, NSA, CIA, Blackwater, FEMA, the DOJ, the State Department, etc. None. Zip. Nada.

    There will be no stopping all of the other programs that are going on while we bicker about this one “technique.” Rather, they are coming up with new words to describe the old “techniques” so that they can keep using them even after Congress (once again) make such practices illegal — until 2001 that meant for the Unitary Executive as well.

    The next administration, D, R or I, will do similar things, if only because Congress, for the past 7 years, has given this President the green light, he’s said it’s stopped people from being killed (no proof, but he did give his word) and the next President doesn’t want to be the one reading My Pet Goat while the CIA briefer who covered his ass is laughing it off at Langley.

    Gitmo will not be closed, unless Dick Cheney leaves his property to the US government, in which case all “enemy combatants” will be housed with Dick.

    Extraordinary rendition will still take place, will be used more often and now will not need to be talked about like it never happens. We did it, we do it, what you gonna do about it World? Yeah, thought so.

    All US troops in Iraq will not be home by 2010.

    There will be no impeachment , of anyone, for anything.

    Pardons all around on January 19, 2009.


  31. PeterW Says:

    #16, I was trying to dodge Godwin.

    Point is, many authoritarian states have all sorts of fine-sounding laws and constitutional-provisions. What distinguishes them from us (as we used to be) is that the executive was bound to them here, whereas there, the executive simply would declare their actions “legal” according to those principles, whether or not they were, and act with impunity.

    Good laws and a good constitution aren’t enough. We need a willingness to enforce them, and a refusal to put up with this sort of sophistry.

    In other words, “tell it to a judge, Mukasey!”.


  32. Xisithrus Says:

    but but but I just hung the drapes and bought a new desk, I cant go and get fired after just getting here!!


  33. fletc3her Says:

    We can just eliminate the office of the Attorney General if we presume that every acts legally all the time.


  34. whatevah Says:

    The People need to oust Murky Mukasey. He clearly can be charged with derelection of duty under his oath of office.


  35. whatevah Says:

    Mukasey’s toast!


  36. TheRadicalRightisRadicallyWrong Says:

    “Hey Shummer, are you disappointed yet?”

    Comment by Bobwurst — February 7, 2008 @ 2:30 pm

    You took the words right out of my mouth!

    All those who allowed this peice of shit to be confirmed should be hanging their heads in SHAME. While at the same time working on a way to reverse their very bad decision.


  37. dogjudge Says:

    What was even MORE frightening was the later part of his testimony.

    He essentially said that if the DOJ wrote a legal opinion NO ONE could be prosecuted because the DOJ had written an opinion saying a particular action was legal. If the opinion changed later, then everything was covered. Looks as if he’s just given the entire administration a get out of jail card for ever.

    I wonder what Bush’s strict constructionism justices on the Supreme Court are thinking now?


  38. zuch Says:

    I’ve got some more legal stuff on Mukasey’s “brand new legal theory” here.

    Cheers,


  39. roo Says:

    More at TPM:

    “The DOJ is entitled to take whatever position it wants, however self-serving and unitary, but now there is no avenue for judicial review and so that is the end of the story.”


  40. KingCranky Says:

    Only cowards like W or Cheney endorse or order torture


  41. Uosdwis Says:

    Ugh, don’t direct us to Townhall.com!


  42. ucsbclassics53 Says:

    yeah, Good_golly, the Iraq War was supposed to cost 50 billion and would have been paid through Iraqi oil revenue. The war was supposed to last 6 hours, 6 days, I doubt 6 months. “Only” 3 were waterboarded. Yeah…the insurgency is in its last throes back in 2005…


  43. sacopenapa Says:

    RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!RESIGN!


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