Mukasey sidesteps waterboarding questions

WASHINGTON, Jan. 30 (UPI) -- U.S. senators from both parties peppered U.S. Attorney General Michael Mukasey with questions Wednesday about waterboarding and intelligence-gathering.

Mukasey, in his first appearance as attorney general before the Senate Judiciary Committee, sidestepped questions about whether waterboarding -- an interrogation technique simulating drowning -- is legal. His refusal to answer similar questions threatened to detour his confirmation last year.

"I sought and I received authorization to disclose publicly ... that waterboarding is not among the techniques currently authorized for use in the CIA program," Mukasey said in his opening remarks. "Given that waterboarding is not part of the current program and may never be added to the current program, I don't think it would be appropriate for me to pass definitive judgment on the technique's legality."

Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman, said: "(It) is not enough to say that waterboarding is not currently authorized. Torture and illegality have no place in America."

Sen. Arlen Specter, R-Pa., the committee's ranking Republican member, quizzed Mukasey about whether President George W. Bush violated the Foreign Intelligence Surveillance Act and the National Security Act by invoking his powers as commander in chief under Article II of the U.S. Constitution.

"I don't know whether he acted in violation of statutes," Mukasey said.