Mukasey and the Law

When Sen. Ted Kennedy asked Michael Mukasey about torture and got one evasion after another, he asked the question, "Let me ask you this, would waterboarding be torture if it was done to you?" Mukasey's response says something, "I would feel that it was." Yes, sir; that is exactly the point of the exercise, it is because we all would feel it if done to us.

Just so Michael is real clear on the implications of that statement, I will speak for myself. If you do it to me, yes I will consider it torture. Given that through that action you will have removed yourself from my definition of humanity, it would be a very bad idea to ever let me exercise any freedom of action, afterwards. I promise that to the absolute extent of my ability I would make everyone responsible pay for it. Understand the implications of removing yourself from the ranks of humanity in service of power, you become a bug, to be dealt with in that regard.

You might think that a law abiding citizen would be constrained by legal considerations, you abrogated those, you and those you enable. There is an element of absolute horror involved in abusing a helpless human being, someone so absolutely in your power that you can do exactly whatever you decide to do. Law is an artificial construct designed to let us live with each other, it is artificial in the sense that it holds no moral force and constrains through penalties, penalties you will have made moot through torture. What can you do, kill? You will, through waterboarding already have made that a previous reality.

For a more reasoned look at Michael Mukasey's legal views you might check out David Bromwich over at HuffPo. I certainly don't disagree with him, I just thought somebody ought to point out the natural outcomes of such behavior, really sucks.