It appears that Senators Leahy, Reid, Durbin, and Whitehouse will not support his nomination unless and until he clarifies his position.
Leahy, chairman of the Judiciary Committee, has yet to schedule a vote because of this issue.
The original troubling exchange, coming after Mukasey said that torture was never constitutional on the first day of his testimony is the his response to Senator Whatehouse's question as to whether waterboarding is torture:
What is clear is that following his comdemnation of tortrue on the first day of testimony, someone representing Bush and His Evil Minions&trade got to him and told him that he needed to weasel."That's a massive hedge," Whitehouse responded incredulously. "It either is or it isn't."
"If it amounts to torture, it is not constitutional," Mukasey answered.
"I'm very disappointed in that answer," Whitehouse said. "I think it is purely semantic."
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