The US Attorney General does not make laws of any kind, he is the just to overseer and interrupt the existing laws and their enforcement. Why certain members of Congress are asking Michael Mukasey to do their job is beyond me.
All 10 Democrats on the Senate Judiciary Committee wrote to Mukasey last week asking that he clarify his position on waterboarding.My response would be, “Your unwillingness to enact a law against waterboarding may place humans at risk of being subject to this abusive technique. If you want the technique to be illegal then do your job and make it illegal.”
"Your unwillingness to state that waterboarding is illegal may place Americans at risk of being subject to this abusive technique," the senators wrote.
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