Oct. 18, 2007 – 2:04 p.m.
Attorney general nominee Michael Mukasey signaled Thursday he shares the administration’s expansive view of President Bush’s authority to withhold information from Congress, skirt federal statutes and authorize harsh interrogation techniques.
The retired federal judge’s statements, during the second day of his confirmation hearing before the Senate Judiciary Committee, put him at odds with the Democrats who will decide whether Mukasey succeeds
“I think what is being fleshed out is that he has a much more heightened view of executive power,” said California Democrat
Mukasey faced sharp questions from panel Democrats. Feinstein pressed him about whether the president could violate the 1978 Foreign Intelligence Surveillance Act (FISA, PL 95-511), which many lawmakers say he did when he ordered the National Security Agency to conduct warrantless surveillance of U.S. citizens. Mukasey echoed the administration’s legal argument that federal laws cannot trump the president’s constitutional authority to protect the country from an attack.
That prompted Rhode Island Democrat
“If it amounts to torture, it is not constitutional,” Mukasey said.
“I’m very disappointed in that answer,” Whitehouse shot back. “I think it is purely semantic.”


