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Thursday
Oct182007

An open letter to Senator Leahy on the Mukasey nomination

Dear Senator Leahy,

I have read and heard accounts of today’s confirmation hearing for Bush’s candidate for Attorney General, Judge Michael Mukasey. I’ll get right to the point.

You asked Judge Mukasey about the secret Justice Department memo of 2005 that authorized the use of waterboarding (simulated drowning), among other techniques, as interrogation methods. Judge Mukasey responded as follows:

“I'm certainly going to examine the underlying memos and the underlying facts. But I have not been read in—I think that's the Washington expression—to any of the classified information”

Senator, I haven’t read the memo either. I have only read about it in press reports. They all say that the memo claimed that the technique did not rise to the level of torture. I don’t have a law degree, or experience as a federal judge, but if you asked me about waterboarding, I would not give you an answer equivalent to “I’ll get back to you on that.” Waterboarding is torture, period. Anyone with the remotest understanding of the technique and a grain of conscience would say the same.

Any man giving an equivocating answer on that question, indicating that he hasn’t formed an opinion, raises three possibilities in my mind.

He is lying.
He has a stunted moral conscience.
He is uninformed about waterboarding.

Judge Mukasey’s judicial experience with cases involving terrorism and national security makes the last possibility extremely doubtful.

Either of the two remaining possibilities disqualifies him for the post.

I know that his confirmation is supposed to be a “slam dunk,” to borrow a phrase, but please reconsider. If he equivocates now on torture (and, as he has, on habeas corpus and secret surveillance), what will he do with the power of the office? “Better than Alberto Gonzales” is not good enough.

Sincerely,

M.H.

(Update, 10/23/07: Senator Leahy and other members of the Judiciary Committee have sent written questions to Judge Mukasey, describing waterboarding and asking him directly about whether he regards it as torture. Leahy has stated that he will delay any vote on the nomination until he gets an answer. He says that his own vote on the confirmation is in question, along with the votes of other committee members. Is the Senator influenced by the M.H., or is it just a question of great minds thinking alike? Undoubtedly the latter.)

Reader Comments (1)

Here's a related link:

My brother and I just waterboarded each other... yup, it's torture..
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x2156425

October 30, 2007 | Unregistered CommenterBetsy Ramsey

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