Waterboarding Justice

Waterboarding Justice

Maybe it’s to be expected that a Bush Administration nominee for Attorney General refuses to say whether waterboarding–an interrogation tactic that simulates drowing and that has been prosecuted as torture in US courts since the Spanish-American war–is torture.

Michael Mukasey’s elaborate tap dance of oral and written testimony, orchestrated by the White House, was clearly designed to avoid putting the CIA, other US interrogators and those at the very highest line of command in this Administration (Bush, Cheney, Rumsfeld, Addington & others) in legal jeopardy. Just remember that the Washington Post reported– over a year ago– that CIA and others involved in interrogations were seeking legal counsel. In deciding to vote for Mukasey’s nomination, Senators Schumer and Feinstein are condoning waterboarding and damaging our values, our international relations and the safety of our own soldiers if captured.

Instead of following the lead of all the Democratic Senators running for President, and four on the Judiciary Committee, Schumer broke ranks and stated that “The best we can hope for is someone who will rebuild the Justice Department and remain independent, even when pressured by this Administration.”

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

Maybe it’s to be expected that a Bush Administration nominee for Attorney General refuses to say whether waterboarding–an interrogation tactic that simulates drowing and that has been prosecuted as torture in US courts since the Spanish-American war–is torture.

Michael Mukasey’s elaborate tap dance of oral and written testimony, orchestrated by the White House, was clearly designed to avoid putting the CIA, other US interrogators and those at the very highest line of command in this Administration (Bush, Cheney, Rumsfeld, Addington & others) in legal jeopardy. Just remember that the Washington Post reported– over a year ago– that CIA and others involved in interrogations were seeking legal counsel. In deciding to vote for Mukasey’s nomination, Senators Schumer and Feinstein are condoning waterboarding and damaging our values, our international relations and the safety of our own soldiers if captured.

Instead of following the lead of all the Democratic Senators running for President, and four on the Judiciary Committee, Schumer broke ranks and stated that “The best we can hope for is someone who will rebuild the Justice Department and remain independent, even when pressured by this Administration.”

It seems pretty clear from his refusal to state that waterboarding constitutes torture — in order to protect those who have acted criminally– if confirmed, Judge Mukasey would continue to act as a team player, helping to cover up issues of torture, rather than as an independent enforcer of the nation’s laws.

There is still time to tell Senators Schumer and Feinstein that torture is un-American and unacceptable. The Washington office phone numbers for the Senators are: Feinstein: (202) 224-3841 and Schumer (202) 224-8542. If they do vote to confirm Mukasey, do not contribute to the DSCC which Schumer heads. Instead, select those Senators running in ’08 who stand against torture, in defense of the constitution and rule of law, and donate generously to them.

And support groups like the Bill of Rights Defense Committee and the Center for Constitutional Rights and the American Freedom Campaign–which are working to end torture. It is time we support defenders not subverters of our Constitution–and restore the rule of law, decency, dignity and human security to our country and the world.

Disobey authoritarians, support The Nation

Over the past year you’ve read Nation writers like Elie Mystal, Kaveh Akbar, John Nichols, Joan Walsh, Bryce Covert, Dave Zirin, Jeet Heer, Michael T. Klare, Katha Pollitt, Amy Littlefield, Gregg Gonsalves, and Sasha Abramsky take on the Trump family’s corruption, set the record straight about Robert F. Kennedy Jr.’s catastrophic Make America Healthy Again movement, survey the fallout and human cost of the DOGE wrecking ball, anticipate the Supreme Court’s dangerous antidemocratic rulings, and amplify successful tactics of resistance on the streets and in Congress.

We publish these stories because when members of our communities are being abducted, household debt is climbing, and AI data centers are causing water and electricity shortages, we have a duty as journalists to do all we can to inform the public.

In 2026, our aim is to do more than ever before—but we need your support to make that happen. 

Through December 31, a generous donor will match all donations up to $75,000. That means that your contribution will be doubled, dollar for dollar. If we hit the full match, we’ll be starting 2026 with $150,000 to invest in the stories that impact real people’s lives—the kinds of stories that billionaire-owned, corporate-backed outlets aren’t covering. 

With your support, our team will publish major stories that the president and his allies won’t want you to read. We’ll cover the emerging military-tech industrial complex and matters of war, peace, and surveillance, as well as the affordability crisis, hunger, housing, healthcare, the environment, attacks on reproductive rights, and much more. At the same time, we’ll imagine alternatives to Trumpian rule and uplift efforts to create a better world, here and now. 

While your gift has twice the impact, I’m asking you to support The Nation with a donation today. You’ll empower the journalists, editors, and fact-checkers best equipped to hold this authoritarian administration to account. 

I hope you won’t miss this moment—donate to The Nation today.

Onward,

Katrina vanden Heuvel 

Editor and publisher, The Nation

Ad Policy
x