Hilary gets it right:

There is an easy way for Mukasey to get around the fact that he has not been briefed on what the CIA did: just define waterboarding, say whether waterboarding so defined is torture, and add that not having been briefed on what the CIA did, he doesn't know whether or not what they did meets his definition. That Mukasey has not taken this obvious route suggests that he is not motivated by his own uncertainty, but by the desire to keep people he believes have engaged in torture from being punished for their crimes.

Marty Lederman chimes in here. The corollary is that those in the administration who have engaged in or authorized torture, under the plain meaning of English and the plain language of the law, must at some point be prosecuted for war crimes. It's time to take a stand: filibuster this nomination until we have an attorney general who can uphold the rule of law.

(Photo: Mark Wilson/Getty.)

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