Scott takes a stand against a man he has worked with and greatly admires, Michael Mukasey. I'm not surprised. Scott Horton has as much integrity as anyone I know:
The New York Times says the issue is one of legal culpability of those who have administered the program. In a speech I delivered in Ohio last October, “When Lawyers Are War Criminals,” I went over this analysis in some detail and concluded it was incorrect. The CIA personnel, military personnel and contractors all have immunity. But there is a class of persons who are probably not immunized in any effective way by the current statutes, namely the administration officials who authored this scheme: Dick Cheney, David Addington, Donald Rumsfeld, Jim Haynes and a handful of others. They are the figures “on the line” who are most adamant that Mukasey (or any substitute for Mukasey) provide them with the protection they feel they need.
Hence, the debate around Michael Mukasey has really ceased to be about Michael Mukasey and his qualifications to serve as attorney general. It has become a debate about the torture issue. And protecting the authors of a criminal scheme from their certain ultimate fate: prosecution.
Greg Djerejian comments here.