Reply #11: But that really isn't the point, is it?

[The Velveteen Ocelot]

Maybe they did it to "only" those three guys (too many as it is, and god knows how many more got waterboarded by foreign operatives after rendition by the CIA), but that would still be illegal under U.S. law if waterboarding is acknowledged by the DoJ to be torture (and I don't see how anyone could credibly argue that it isn't). Even if the CIA has stopped doing it and now prohibits its use (and I find that hard to believe), somebody committed a crime and some very high-level somebodies, probably including Rummy, Cheney and Bush, authorized it.

And that's why Mukasey can't/won't say waterboarding is torture. Because he would be implicitly saying the Bushies and people acting under their direction committed a serious crime. And we have to assume he was told in no uncertain terms that his nomination would be withdrawn if he said that. I think the real issue is protecting their sorry asses for what has already happened, even more than what they might be authorized to do in the future.

Human rights groups are gunning for these guys, as well they should. I'm sure Dick and George and Don don't want to find themselves in the dock at The Hague.

I, however, would rejoice to see that happen.