Mukasey rules out declaring whether waterboarding is torture

By Rich Bowden, M&C Staff Writer Jan 30, 2008, 8:22 GMT

(FILE) US President George W. Bush (R) and Attorney General Michael Mukasey (L), pose for a photo during a ceremony to honour the Recipients of the Public Safety Officer Medal of Valor in the Oval Room of the White House in Washington, DC, USA, 12 December 2007. EPA/AUDE GUERRUCCI/ POOL

(M&C) - Attorney General Michael Mukasey has refused to define whether or not the interrogation technique known as "waterboarding" is torture.

He hinted that the controversial technique was not illegal in some circumstances and could be used in interrogation against terrorism suspects reports the New York Times.

The Attorney General opinion was given at the first hearing he has faced of the Senate Judiciary Committee and is likely to be the focus of rebuttal of House Democrats who have described the interrogation method as torture.

“If this were an easy question, I would not be reluctant to offer my views,” Mr. Mukasey wrote to Senator Patrick J. Leahy, the Vermont Democrat who heads the committee.

“But with respect, I believe it is not an easy question,” he said. “There are some circumstances where current law would appear clearly to prohibit the use of waterboarding. Other circumstances would present a far closer question.”

Mr Mukasey did not elaborate on the particular circumstances.

Earlier he had explained to reporters why he was reticent to declare his opinion.

"Any answer I give could have the effect of articulating publicly -- and to our adversaries -- the limits and contours of generally worded laws that define the limits of a highly classified interrogation program," Mukasey said.