In a written response to questions from Senate Democrats today, Attorney General nominee Michael Mukasey refused to explicitly say whether he believed waterboarding to be torture. In the four-page letter, Mukasey called the interrogation technique “over the line” and “repugnant” on “a personal basis,” but added that he would need the “actual facts and circumstances” to strike a “legal opinion”:
Hypotheticals are different from real life and in any legal opinion the actual facts and circumstances are critical.
CNN’s Ed Henry notes that with his “facts and circumstances” hedge, “essentially Michael Mukasey is dodging the question of whether legally waterboarding is torture.”
Well, I know a few techniques that might loosen his tongue.