We should take the criminality of the Bush administration's torture policy seriously, and that means making sure they are not above the law. (Also: A waterboarding simulation photoseries.)
There is an article in Thursday's New York Times about the way Michael Mukasey has been hedging on waterboarding. The difficulty, according to many experts is, as "Jack L. Goldsmith, who served in the Justice Department in 2003 and 2004, wrote in his recent memoir, The Terror Presidency, that the possibility of future prosecution for aggressive actions against terrorism was a constant worry inside the Bush administration." Another expert points out that future prosecutors "... would ask not just who carried it out, but who specifically approved it. Theoretically, it could go all the way up to the president of the United States; that's why he'll never say it's torture."
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