Dana Says Mike Mucousy Can Talk About Torture Once He’s Confirmed…
Q What does the White House think of the proposal by Senators McCain, Warner and Graham to have Judge Mukasey, if confirmed, say that no U.S. agency will use waterboarding?
MS. PERINO: What Judge Mukasey said in his letter to the Senate is that he will, if confirmed, thoroughly review all the legal opinions and all of the classified programs that he will then be read into. And I think that’s a very reasonable position. And he said that if confirmed he would do that, and I think that’s what the senators are saying in that letter, “as Attorney General.” And I think that bodes well for his nomination, that they intend for him to be confirmed.
Q Well, what their letter says is, we urge you publicly make clear that waterboarding can never be employed. I think that’s a little more —
MS. PERINO: While they were saying is — which Judge Mukasey has done, is to say, I will not be able to provide a legal opinion about any particular technique. He is not read into the programs. He’s right now a private citizen. He is willing to serve his country. The President will say today, he is — the Attorney General is a critical member of the nation’s war on terror team, and that he needs to be confirmed immediately. And once he is confirmed, then the Congress has the capability to ask him to come to Congress and to testify on all sorts of matters, including this one.
…Maybe Not
Q Dana, a follow up on that. The McCain-Graham letter, on the assumption that Judge Mukasey is confirmed and is read into the program, your policy is still not to talk about specific methods, so he is, if he is confirmed, not going to be in a position to speak about waterboarding as being legal or not.
MS. PERINO: Let me remind you of something. Congress passed a law that this President signed regarding Detainee Treatment Act and also Congress said that the CIA’s program for interrogation is legal. They have been briefed on the legal underpinnings and they have been briefed on the techniques. So Congress — the appropriate members of Congress have all the information that they need about these programs. They are safe, they are effective, they are tough, and they are legal. And Judge Mukasey said that he will review all of the opinions and he will review the information he gets in his classified briefings, and that he will be able to have additional thought after that.
A lot of these discussions are held in closed session, and that’s appropriate because they’re classified for a reason.
Q Understood, but America’s allies in the world, the American people, they will never know whether or not Judge Mukasey is told, so long as the administration —
MS. PERINO: I think that’s a hypothetical that I’m just not prepared to go into right now. I don’t know what Judge Mukasey will or will not say, if confirmed.
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