Obfuscating on Waterboarding

In his Senate confirmation hearings, Michael Mukasey said he could answer the question of whether waterboarding is torture because he'd not read classified memos. Now he says he can't rule on this issue because it's not currently being used by the CIA. I'm sorry, but I don't quite understand. It is either torture and thus banned by US law or it's not. That there's disagreement on the part of a few Senators is hardly reason not to rule.

He suggests that making a determination would signal to other nations what our methods of interrogation are. My response: why not tell the world that clearly inhumane actions will not be perpetrated by our country.

I watched on DVD The Bourne Ultimatum the other night. Though fictional (I hope), the movie suggests a scenario where the CIA has essentially become a rogue agency, creating brainwashed agents of death, killing without conscience and without knowing why. Our nation's top judicial figures need to offer guidelines as to what is acceptable US behavior. Apparently Michael Mukasey is not up to that job. I had hoped for better and I must say I'm bitterly disappointed.