Mukasey Confirmation. When Michael Mukasey testified at his confirmation hearings for attorney general, he repeatedly refused to say that waterboarding and other harsh interrogation techniques reportedly practiced by the CIA constituted torture and were therefore illegal. (Waterboarding is a form of controlled drowning.) He also stated, incredibly, that the president could operate outside laws passed by Congress if “what goes outside the statute lies within the authority of the president to defend the country.”
The Senate confirmed Michael Mukasey as U.S. attorney general on November 8, 2007, by a vote of 53-40 (Roll Call 407). In so doing, the U.S. Senate demonstrated its willingness to tolerate torture — which is anathema to American values — and its willingness to allow the president to trump laws passed by Congress in the name of national security. We have therefore assigned pluses to the nays.
