The Mukasey Ultimatum

Michael Mukasey was confirmed by the US House Judiciary Committee for the post of Attorney General. As you all know, his predecessor was forced out in disgrace primarily over politicized firings of US attorneys. Democrats on the Judiciary Committee have grilled his successor, and one of the main areas of concern has been whether or not he supports waterboarding. It is an interrogation technique that involves the victim being strapped down with cellophane paper over his or her face. Water is then poured over the cellophane, which induces the fear of imminent death. The Bush administration has denied that the technique is torture. My response is that I agree, and George Bush should be waterboarded to extract information when he is tried for war crimes.

The Brookings Institute, which is a liberal-leaning US think tank, has an article on Mukasey, written by their Research Director for Public Law, that advises us not to worry too much. The legal opinions covering waterboarding are private, sealed by the administration, and Mukasey hasn't read them. He is a lawyer. He has to read the law before he can offer an opinion.

In fact, Benjamin Wittes, the author of the piece, thinks that it all works out best if both sides cooperate - Mukasey promises to look into things, the Democrats say they take him at his word. Mukasey has only a year in his post, and then the administration is replaced, quite likely by a Democratic one. Congress needs to offer constructive legislation on the war on terrorism, and they need a bridge to the White House to do it - both Mukasey's predecessors burnt their bridges with the Democrats. The Democrats are understandably distrustful, but they might as well give this guy a shot. Besides, if he screws up, he can always be replaced.