It really is the height of hypocrisy for certain Democrats to demand that a nominee for a Cabinet slot declare before confirmation something that Congress lacks the courage to legislate itself.

Sen. Joseph Biden of Delaware said late Monday that unless Michael Mukasey defines waterboarding as torture, he won't vote to confirm the attorney general nominee.

Biden said he is waiting on a response from Mukasey to a letter he and all the Democratic Senate Judiciary Committee members sent last week asking the nominee to clarify answers he gave about waterboading during his confirmation hearing earlier this month. The presidential candidate indicated that he considers Mukasey's responses to lawmakers' questions at the hearing evasive at best.

"I think Judge Mukasey's comments on waterboarding were outrageous, especially given that he's seeking the job of attorney general," Biden told FOX News. "Anyone who thinks that waterboarding is not torture, is not fit — and will not have my support — to be attorney general."

Well, Senator, I personally think that any member of the Senate who insists that waterboarding is torture but has not introduced legislation to make it unambiguously illegal under American law is not fit to be a member of the Senate – and certainly not to be President. After all, it is the province of the legislative branch to make the practice illegal under American law. Why not be man enough to take the lead, sir, so that the question is settled?

UPDATE: Again yesterday, there was more piling on from Democrats, who won't act to put their view unambiguously into law. Is it political grandstanding on their part, or simply their own moral cowardice?

Attorney general nominee Michael B. Mukasey told Senate Democrats yesterday that a kind of simulated drowning known as waterboarding is "repugnant to me," but he said he does not know whether the interrogation tactic violates U.S. laws against torture.

Mukasey's uncertainty about the method's legality has raised new questions about the success of his nomination. It seemed a sure thing just two weeks ago, as Democrats joined Republicans in predicting his easy confirmation to succeed the embattled Alberto R. Gonzales.

* * *

Sen. Patrick J. Leahy (D-Vt.), the Judiciary panel's chairman, reacted with blunt dissatisfaction, saying in a statement yesterday that he will continue to delay any vote on Mukasey until the nominee answers more questions from lawmakers. "I remain very concerned that Judge Mukasey finds himself unable to state unequivocally that waterboarding is illegal and below the standards and values of the United States," he said.

But Leahy, who said last week that "my vote would depend on him answering that question," stopped short of declaring he will oppose the nomination. Majority Whip Richard J. Durbin (D-Ill.), also issued a statement criticizing Mukasey but did not say whether he would vote no.

"We asked Judge Mukasey a simple and straightforward question: Is waterboarding illegal?" Durbin said. "While this question has been answered clearly by many others . . . Judge Mukasey spent four pages responding and still didn't provide an answer."

Senator Durbin, why don't you introduce legislation to make it clear that waterboarding is illegal? Could it be that you know it is an effective tactic, one that has produced hard intelligence in the past and will in the future, intelligence that has safeguarded the American people? Could it be that you don't want your name attached to any measure that takes this effective technique off the table when American lives are at stake? What about you, Senator Leahy -- same questions.

Either act legislatively on waterboarding, Senators, or shut up about it and let the confirmation vote proceed.

OPEN TRACKBACKING AT Perri Nelson's Website, , third world county, Right Truth, The World According to Carl, Inside the Northwest Territory, The Pet Haven Blog, The Pink Flamingo, Big Dog's Weblog, The Amboy Times, Cao's Blog, Adeline and Hazel, and Right Voices, thanks to Linkfest Haven Deluxe.

Posted by: Greg at 11:41 PM | No Comments | Add Comment
Post contains 677 words, total size 6 kb.