Durbin email reply on Mukasey nomination

December 10, 2007

Ms. L______Z____
________
____, IL ____


Dear Ms. Z____:

Thank you for contacting me about the nomination of Attorney General Michael Mukasey. I appreciate hearing from you.

In November 2007, the Senate confirmed Mr. Mukasey as Attorney General of the United States. As a member of the Senate Judiciary Committee, I approached Mr. Mukasey's nomination with an open mind. But after hearing his answers to repeated questions about the legality of an interrogation technique known as waterboarding, I became very troubled by the prospect of Mr. Mukasey serving as Attorney General.

Waterboarding is torture. More than 60 years ago, the United States prosecuted Japanese soldiers who had waterboarded Americans during World War II. Retired Rear Admiral John Hutson, former Navy Judge Advocate General, put it best when he stated at the confirmation hearing that "other than perhaps the rack and thumbscrews, waterboarding is the most iconic example of torture in history.... It has been repudiated for centuries."

At his hearing, Attorney General Mukasey told the Senate Judiciary Committee that he did not know what was involved in waterboarding. In later written responses to the committee, he stated that waterboarding would qualify as torture "depending on the facts and the circumstances."

At this crucial time in our nation's history, the United States needs an Attorney General who will reaffirm our country's standing as a moral leader in the world, not one who will continue to look the other way while we bend the law and abandon our most fundamental values. Although I voted against Mr. Mukasey's nomination, he was confirmed by a 53-40 vote.

There is no doubt that Attorney General Mukasey will face difficult choices in the coming months as we continue to fight the war on terrorism. At his confirmation hearing, Attorney General Mukasey promised to resign if prevented by Bush Administration officials from enforcing the law and upholding the United States Constitution. I hope he fulfills his promise should such a situation arise.

Thank you again for your message. Please feel free to keep in touch.

Sincerely,
Richard J. Durbin
United States Senator

RJD/tf

P.S. If you are ever visiting Washington, please feel free to join Senator Obama and me at our weekly constituent coffee. When the Senate is in session, we provide coffee and donuts every Thursday at 8:30 a.m. as we hear what is on the minds of Illinoisans and respond to your questions. We would welcome your participation. Please call my D.C. office for more details.

So yeah now we'll see what happens with Mukasey. His "honeymoon" certainly didn't last very long...