MORE THOUGHTS ON JUDGE MUKASEY AND DEFINITION OF TORTURE

It strikes me as more than ingenuous for Judge Mukasey to claim that he is not familiar enough with "water-boarding" to opine whether it is torture or not. It does not take much legal thinking to see that it is cruel and inhuman. It makes the prisoner think he is going to drown and die. It causes the most excruciating psychological torment. And Judge Mukasey cannot give his opinion on whether he thinks it is torture.

One of the primary canons from the code of legal ethics is for the lawyer always to tell the truth in court. Lawyers can argue zealously on behalf of their clients, but they cannot deceive the court or dissemble to it. In other words, a lawyer cannot withhold evidence or create fictitious evidence or argument.

If this applies to lawyers in court, then a fortiori it must apply to appellate judges testifying to congress. Judge Mukasey has a duty both as a sworn witness and as a lawyer/judge to present his opinions honestly before the senate judiciary committee. He may not dissemble, nor may he deceive the congress.

However, when Judge Mukasey says he does not know for sure whether "water-boarding" constitutes torture, he leaves himself open to those who do not and would not believe him.