He ought to listen to Joe Galloway:
"Waterboarding is torture. Decent people have acknowledged that for centuries. We sent Japanese war criminals to the gallows for using it. We sent a Texas sheriff to prison for using it. One day, an ex-president and those who helped him and those he ordered to torture fellow human beings may have to plea bargain for their lives and their freedom."
Mukasey has a stark choice in front of him. He can oppose the use of torture or endorse the use of torture. If he chooses the latter, Mukasey runs the risk of joining those ranks of federal judges who have gone from sitting at the bench to sitting at the defendant's table. He would be unique in that he would probably be the first former federal judge to be accused of crimes against humanity. If he chooses to oppose the use of torture, he could get fired.
What is going on right now is not the deliberate determinations of a judge. What is going on is the attempt of a bureaucrat to run out the clock and hope that the issue goes away without his having to make a decision.
Judges usually decide who, of the parties in court, did the right thing. This time, it is Mukasey who has to do the right thing.
My money is not on Mukasey.
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