Congress, not the attorney general, writes the law
“In adamantly refusing to declare waterboarding illegal, Michael B. Mukasey, the nominee for attorney general, is steering clear of a potential legal quagmire for the Bush administration: criminal prosecution or lawsuits against Central Intelligence Agency officers who used the harsh interrogation practice and those who authorized it, legal experts said Wednesday,” the New Times reports.camfrog v3.4
Uh, no.camfrog v3.4
Twice — once in the Detainee Treatment Act and again in the Military Commissions Act — Congress granted immunity to interrogators who relied on opinions from the Justice Department. Even the Times acknowledges this:camfrog v3.4
Mr. Chesney and other specialists emphasized that prosecution in the United States, even under a future administration, would face huge hurdles because Congress since 2005 has adopted laws offering legal protections to interrogators for actions taken with government authorization. Justice Department legal opinions are believed to have approved waterboarding, among other harsh methods. [Emphasis added.]
Congress could make waterboarding illegal. But so far, Congress has chosen instead to grant legal immunity to interrogators who’ve used waterboarding.camfrog v3.4