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Dead Constitution See other Dead Constitution Articles Title: Michael Mukasey Nomination Bogging Down on Waterboarding Issue (MAY NOT MAKE IT OUT OF COMMITTEE) Michael Mukasey Nomination Bogging Down on Waterboarding Issue Tuesday, October 30, 2007 AP Attorney general nominee Michael Mukasey WASHINGTON — Attorney general nominee Michael Mukasey's evasive answers two weeks ago to Senate Judiciary Committee members about one controversial form of interrogation have so eroded support for his nomination that one committee member said Mukasey would fail a key vote unless he provided a better answer. "If the vote were held today, he (Mukasey) wouldn't get through the committee," one senior Judiciary Committee member said Tuesday, speaking of the committee's pending recommendation vote on Mukasey. The senator asked not to be named because of the sensitivity of the issue. Senate Judiciary Committee members on both sides of the aisle are anxiously awaiting Mukasey's answer to their questions about waterboarding, a form of interrogation in which a subject is made to believe he or she is drowning. It is seen by some as a form of torture. The waterboarding question is among 495 that the committee has given Mukasey; he is expected to provide answers as early as Tuesday. Although the concerns don't yet appear strong enough to sink Mukasey's nomination, he didn't satisfy several committee members on the torture question. Three Democrats on the White House campaign trail now have announced they will not support Mukasey — turning the nomination into a campaign issue. But even some Republicans on the Senate Judiciary Committee — which first must vote to make its recommendation to the full Senate — are showing reservations about a nominee who at first blush seemed like a shoo-in. Top committee Republican Arlen Specter on Tuesday tried to deflect some criticism of Mukasey regarding torture. Specter said that because the Senate last year voted down naming waterboarding as torture — as part of the debate on the Military Commissions Act — that "may decrease the burden on him (Mukasey)." In September 2006, Sen. Edward Kennedy, D-Mass., authored the amendment to the military tribunals bill that would have effectively defined waterboarding as torture and made it subject to Common Article 3 under the Geneva Conventions. The amendment itself focused on conduct of other countries, but said: "should any United States person to whom the Geneva Conventions apply be subjected to any of the following acts, the United States would consider such act to constitute a punishable offense under common Article 3 ... ." The amendment listed "forcing the person to be naked, perform sexual acts, or pose in a sexual manner; applying beatings, electric shocks, burns, or other forms of physical pain to the person; waterboarding the person; using dogs on the person; inducing hypothermia or heat injury in the person; conducting a mock execution of the person; and depriving the person of necessary food, water, or medical care." The amendment failed to gain the needed 50 votes, failing 46-53. Specter and then-Sen. Lincoln Chafee of Rhode Island were the only Republicans to vote in favor. Sen. Ben Nelson, D-Neb., was the lone Democrat to oppose the measure. Specter said his interest is in making sure the Justice Department is in good hands: "I'm considering the overall issue here. The Department is in dire straits, and it's not getting any better." Committee member Ben Cardin, D-Md., said, "I thought the nominee did a good job on the most important issue — independence, restoring the reputation and independence that the Justice Department was known for." But, Cardin said, "On waterboarding, I hope he's taken the time to understand there really is no way to hedge on that issue. We're hoping we will get a direct answer on that question." Cardin added that he "could understand how someone might not know what that is," but that Mukasey now "needs to answer the question." Democrats on the committee will be meeting later to discuss Mukasey. Most said they're waiting to see what Mukasey's answers are before rendering a decision. There is no schedule for a vote on the nominee. A vote, given committee procedures, could be as much as two weeks away. Moderate senators not on the Judiciary Committee are expressing concern as well. Sen. Olympia Snowe, R-Maine, a member of the Senate Intelligence Committee, said about waterboarding: "It is what it is. ... It is torture. I think it's a surprising comment given the nature of waterboarding. ... Hopefully he revisits that answer." Asked about how important it is for him to equate waterboarding with torture, Snowe said: "Absolutely it's critical. He plays a pivotal role. ... I don't see why he couldn't answer the question more straight forwardly." Sen. Dianne Feinstein, D-Calif. — who sits on both the Intelligence and Judiciary committees — said she will introduce broad legislation soon that will "codify once and for all that all departments of the federal government — whether you're military, or CIA or FBI or any special elite unit — are subject to use only those interrogation techniques that are part of the military field manual." Feinstein went on to say: "I really think that overall, the Army Field Manual will bring about better results than interrogation techniques, even those now in use, without going into it further," she said. She said she did not want to discuss classified matters. Feinstein, also a member of the Intelligence Committee, said, "I have substantial puzzlement why his (Mukasey's) personal view isn't, 'Yes, it constitutes torture.' " But to be sure, Mukasey still has strong supporters on the committee, including Sen. Lindsay Graham of South Carolina, one of the authors of the detainee treatment and tribunal legislation. Graham said, based on verbal assurances from the White House, that he is satisfied with the answer Judge Mukasey intends to give the Judiciary Committee on waterboarding. He added, however, that it would be helpful if he clarified his position. Graham said Mukasey "doesn't need to be issuing legal opinions about programs he's not aware of, but he can comment on the technique from his own personal view. I think it's important for him to comment on the technique with a general view of whether it's in bounds or not and his own view of it, but reserve the right to look at facts and circumstances." Sen. Sam Brownback, R-Kansas, on Tuesday said Mukasey "on the key issues of our day, the security of our country, is one of the best legal experts in a practical sense." He said critics are "being extraordinarily picky. This is an important topic, no question about it, but the core issue here is the security of the country and the intelligence-gathering operation balanced off against civil liberties for the nation. "Here is a guy who is a legal expert on it and handled it in practical cases. This is a man well-qualified and very talented for the era he would be put into office," Brownback said. Sen. Tom Coburn, R-Okla., said Mukasey's answers satisfied him. "I didn't take anything he said to give me great concern that he couldn't lead the Justice Department. And now with 10 out of 15 of the top positions empty, to not even bring him up for a vote to me seems that we are abandoning our duties," Coburn said. Sen. John Cornyn, R-Texas, reduced critics' problems to a political issue. "I think this is just more posturing for the hard left and it's unfortunate," he said. FOX News' Trish Turner and Mike Majchrowitz contributed to this report.
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#1. To: aristeides (#0)
lucky Mukasey
Ron Paul for President - Join a Ron Paul Meetup group today!
Torpedo this guy: if he won't denounce Bush's tyrannical torture policy, he's a fascist pure and simple, and not one to be entrusted with defense of the Constitution and laws of the United States.
"Aux armes, citoyens! Formez vos bataillons! Marchons! Marchons! Qu'un sang impur abreuve nos sillons!"
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