Marcy is liveblogging the Mukasey hearing over at emptywheel. Ted Kennedy gets to the heart of the matter:

Teddy: I want to thank you for a number of positive steps. [Always start with a positive...] These steps show sensitivity to appearance of conflicts, I’m troubled that you didn’t make Durham an independent counsel. Waterboarding, Civil Rights Division and voting.

Waterboarding has become worldwide symbol of America’s torture. Even though you claim to be opposed to torture, you refuse to say anything about what constitutes torture. It’s like saying you’re opposed to stealing but not sure whether bank robbery would qualify.… You once again refuse to state the obvious. You refused to discuss that the Administration did use waterboarding and no one is being held accountable. CIA continues to use stress positions, every bit as abusive as waterboarding, illegal and ineffective. Would waterboarding be torture if it were done to you?

Marcy really pioneered the liveblogging of hearings during the Libby trial, and nobody brings the level of detailed knowledge and insight she does to this matter.

You can join her and see how Mukasey answered Teddy’s question here….