By Lorraine Woellert
Oct. 28 (Bloomberg) -- Two Republican senators said Attorney General nominee Michael B. Mukasey's refusal to define so-called waterboarding as torture raised doubts about whether he should become the nation's top law enforcement official.
Senators John McCain and Lindsey Graham criticized Mukasey for not ruling out use of waterboarding, which simulates drowning, by U.S. operatives during interrogations.
``Anyone who says they don't know if waterboarding is torture or not has no experience in the conduct of warfare and national security,'' McCain, a former prisoner of war in Vietnam who is seeking his party's presidential nomination, said on ABC's ``This Week'' program.
Graham, a former Air Force lawyer and a member the Judiciary Committee that is considering Mukasey's nomination, echoed McCain's remarks.
Mukasey was asked specifically about the legality of waterboarding and he ``talked around it'' at his Judiciary Committee confirmation hearing, the South Carolina senator said on CBS's ``Face the Nation'' program. ``If he does not believe that waterboarding is illegal, that really puts doubts in my mind.''
Both senators stopped short of saying they would vote against Mukasey's confirmation and demanded more information.
``I want to know his answer,'' McCain, of Arizona, said. ``Obviously, you judge a candidate for office or a nominee for office on the entire record, but this is a very important issue to me.''
Al-Qaeda Operatives
The U.S. has been criticized for some of the tactics used to get information from suspected terrorists. Waterboarding became an issue two years ago after news reports said the Central Intelligence Agency used it to interrogate al-Qaeda operatives captured overseas. During the procedure, a prisoner is strapped down and has water poured over his face to simulate drowning.
President George W. Bush has said the U.S. doesn't engage in torture, though the administration has refused to say whether waterboarding was ever used.
Senator Christopher Dodd, a candidate for the Democratic presidential nomination, announced today he would vote against Mukasey's confirmation.
Dodd, of Connecticut, said that he opposes Mukasey because of the nominee's testimony that the president of the United States is not necessarily bound by federal law. ``That would have to depend,'' Mukasey said in response to a question.
Mukasey's answer ``disqualifies him from being the chief attorney for the United States,'' Dodd said in a written statement. Dodd said Mukasey, if confirmed, would run the Justice Department as a ``political wing of the White House.''
Other Senate Democrats said last week that they might not support Mukasey's confirmation because of his reply about waterboarding in interrogations. He told the Judiciary Committee that he was ``unfamiliar with what's involved in the technique'' and wouldn't say whether he viewed it as unconstitutional.
Mukasey, 66, was nominated by Bush's nominee to succeed Alberto Gonzales.
Senate Majority Leader Harry Reid of Nevada, who originally praised Mukasey after the nomination was announced last month, said after Mukasey's Oct. 17 hearing that his support for the nominee is in doubt. Reid and Dick Durbin of Illinois, the Senate's No. 2 Democrat, said they want Mukasey to clarify his position on torture.
To contact the reporter on this story: Lorraine Woellert in Washington at lwoellert@bloomberg.net.
Last Updated: October 28, 2007 14:27 EDT
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