November 14, 2007

US Attorney: Mukasey Had It Right

Mary Jo White, the former US Attorney that won convictions against the Blind Sheikh and his gang of radical Islamist terrorists in the first attack on the World Trade Center, writes that new Attorney General Michael Mukasey had it right when he refused to issue a blanket interpretation of waterboarding as illegal. She explains that Congress has not made it that simple, and that the Judiciary Committee unfairly placed the responsibility on the executive branch. White insists that no easy answers exist on interrogative techniques.

At Heading Right, I agree with White, who argues much the same point I have over the last few weeks. White complains about the ambiguity that Congress has created and argues that Mukasey can't be held responsible for Congress' failure to provide a yes-or-no option to their question. White understands what happens when ambiguity reigns at the juncture of intelligence, law enforcement, and questions of legality. She herself felt the constraints that the FISA “wall” placed on her office during her efforts to prosecute terrorists. Be sure to read the whole thing.

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