Judge Mukasey is Agnostic on Whether Waterboarding is Lawful

By Kristopher A. Nelson
in October 2007

200 words / 1 min.
Balkinization - Judge Mukasey is Agnostic on Whether Waterboarding is Lawful: Just now, in response to repeated questions, he insisted that he did not know enough to say whether waterboarding, or any other technique, is torture, cruel treatment under Common Article 3, or otherwise unlawful. It’s really remarkable how far we have fallen when a […]


Note: this post is from 2007. Evaluate with care and in light of later events.

Balkinization – Judge Mukasey is Agnostic on Whether Waterboarding is Lawful:

Just now, in response to repeated questions, he insisted that he did not know enough to say whether waterboarding, or any other technique, is torture, cruel treatment under Common Article 3, or otherwise unlawful. It’s really remarkable how far we have fallen when a jurist of Judge Mukasey’s caliber cannot answer such questions without hesitation.

Amazing. Whichever way he goes on this, clearly he ought to know enough about the law to come down on one side or the other. To be honest, I think he does, which makes this simply a political dodge.


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