[mburbank]

“Is waterboarding constitutional?” Mr. Mukasey was asked by Senator Sheldon Whitehouse, Democrat of Rhode Island, in one of the sharpest exchanges.
“I don’t know what is involved in the technique,” Mr. Mukasey replied. “If waterboarding is torture, torture is not constitutional."



The question: Is X (waterboarding) part of set y (Things that are unconstitutional)



Mukasey agrees that torture is not constitutional, but won't say if he believes waterboarding is torture. He also won't say if he thinks waterboarding isn't torture.




He's a Judge. He knows he's saying "I won't answer your question"



He also claims what waterboarding is.




It's been detailed by numerous media outlets, John Mccain, who had it done to him calls it 'exquisite torture' and can tell you all about it, it's a techinque the Nazis used and was listed at the nurembergh trials as a war crime, the Kmehr Rouge used it.



The question has now been submitted to him in writing. He has ample time and staff to tell him what waterboarding is. If he continues to refuse to answer the question, he should not be confirmed.