By James F. Tierney
We wanted to post a brief follow-up on Harvey's argument about Michael Mukasey and whether waterboarding is torture (it is). MSNBC host Keith Olbermann explains that Mukasey's dissembling equivocation is a result of Bush's desire to cover his own legacy. Olbermann is right, and it does this while also serving the purpose noted by Harvey -- protecting an "advice of legal counsel" defense in the event of future prosecutions.
By Harvey Silverglate
The media has been abuzz today with the Senate Judiciary Committee’s discomfort with Attorney General nominee Michael Mukasey – and his refusal to opine whether waterboarding (the interrogation technique widely reported as used by CIA interrogators to wring information out of suspected terrorists) is illegal or unconstitutional.