Is Waterboarding Torture? Mukasey: Yes, if It’s Torture

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Mukasey has firmly established that he’s against torture — yesterday he even compared it to the Holocaust (see also here).

But what exactly does that mean? Sen. Sheldon Whitehouse (D-RI) asked Mukasey if he thought waterboarding was Constitutional. “If waterboarding is torture… torture is not Constitutional,” he replied.

Whitehouse wasn’t satisfied. “That is a massive hedge…. It either is or it isn’t.” Doesn’t Mukasey have an opinion on whether waterboarding is torture? He went on to describe the technique, which involves using a wet rag to make the detainee feel like he’s drowning. Mukasey replied with the same answer: “If it amounts to torture, then it is not Constitutional.”

I’m very disappointed,” Whitehouse said, adding that Mukasey’s reply had been “purely semantic.”

“Sorry,” replied Mukasey.

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