Profiles in courage

Interesting, isn't it, how a once-great nation that at least used to try to live up to its founding ideals -- no matter how short of them it often fell -- retires not with great fanfare to await history's judgment, but instead fades to black to the equivocating monotone of small men in natty suits and power ties?

HERE IS another chapter in America's long retreat, as reported by The Associated Press:

Senate Democrats accused Attorney General Michael Mukasey of ducking questions Wednesday on whether waterboarding is torture despite his promise last year to study whether it is illegal.

The issue briefly stalled Mukasey's confirmation last fall until he assured Senate Democrats he would review the legality of the harsh interrogation tactic and report back.

Waterboarding involves strapping a person down and pouring water over his cloth-covered face to create the sensation of drowning.

Ultimately, however, Mukasey said Wednesday he would not rule on whether waterboarding is a form of illegal torture because it is not part of the current interrogation methods used by the CIA on terror suspects. Despite having called waterboarding personally repugnant, Mukasey's non-answer angered Democrats who said the attorney general should be able to address a legal question.

"I think failure to say something probably puts some of our people in more danger than not," said Sen. Patrick Leahy, D-Vt., the Judiciary Committee's chairman.

"It's like you're opposed to stealing but not quite sure that bank robbery would qualify," retorted Sen. Edward M. Kennedy, D-Mass.

Mukasey, in his trademark monotone, did not appear rattled. He said he has concluded that current methods used by the CIA to interrogate terror suspects are lawful and that the spy agency is not using waterboarding on its prisoners.

Beyond that, Mukasey said he would not discuss whether he thinks waterboarding is illegal.

"Given that waterboarding is not part of the current program, and may never be added to the program, I do not think it would be appropriate for me to pass definitive judgment on the technique's legality," Mukasey said in his first appearance before the committee since being sworn in Nov. 9.