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Mukasey: FISA inaction creates 'problems'

WASHINGTON, Jan. 25 (UPI) -- U.S. Attorney General Michael Mukasey says problems will surface if Congress fails to pass an intelligence-gathering bill before the current one expires.

During his first on-the-record briefing Friday, Mukasey declined to answer whether "waterboarding" -- an interrogation technique that simulates drowning -- is torture, the Legal Times Blog reported. His refusal to offer his opinion about waterboarding nearly derailed his nomination.

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A temporary version that updates the Foreign Intelligence Surveillance Act, is due to expire Feb. 1. Democrats are divided about a controversial provision that would grant immunity to telecommunication firms that aided the warrantless surveillance program.

If the measure fails to pass before the current one expires, Mukasey said there would be "uncertainty" and immediate repercussions, the blog said.

"Existing (surveillance) orders will expire in the order they were issued ... (and) new situations that arise can't be addressed," he said. "This is going to present problems."

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