Sunday, October 21, 2007

New AG: suggesting that Bush can ignore surveillance statutes in wartime and avoiding a declaration that simulated drowning constitutes torture ...

On Day 2, Democrats See Change In Mukasey | Nominee Endorses President's Positions | By Dan Eggen and Paul Kane | Washington Post Staff Writer | Friday, October 19, 2007; Page A01

President Bush's choice for attorney general, Michael B. Mukasey, embraced some of the administration's most controversial legal positions yesterday, suggesting that Bush can ignore surveillance statutes in wartime and avoiding a declaration that simulated drowning constitutes torture under U.S. laws.
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Mukasey aroused Democrats' concerns by testifying that there may be occasions when the president's powers as commander in chief could trump a federal law requiring that a special court approve intelligence-related wiretaps. That answer jibes with one of the legal rationales used by the Bush administration in defense of its controversial Terrorist Surveillance Program, under which the National Security Agency eavesdropped on calls between persons in the United States and those overseas without first securing a court warrant. ...

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