Mukasey might become attorney general after all.

The top Republican on the Senate Judiciary Committee said Sunday he is bothered by Michael Mukasey's refusal to say whether waterboarding is torture but will support his nomination for attorney general anyway.

Sen. Arlen Specter, R-Pa., joins two key Senate Democrats in saying he will back Mukasey because the retired judge has said that if Congress passes a law banning waterboarding, "the president would have absolutely no legal authority to ignore such a law.''
So.. Is Mukasey simply aknowledging the reality that the executive branch has considerable independent power, and tries to find a way to bring the Bush- administration's operations back under the law? Is he providing the Bush- administration a way to avoid the unfortunate problem that torture is illegal, and that it's been so for quite a while?

What would the consequences be if the only thing the executive branch could not legally do, is what is expressly forbidden by Congress (as long as the administration agrees)?
... so he's confirmed.

Because Mukasey promises to enforce the law.. sort of, if it can be done, and it doesn't infringe on the executive powers he can't enumerate or define - while also being unable to state whether waterboarding is torture, and or if it's illegal.

Really, that's just awesome. A dodgy promise to enforce the law is enough. I mean, the top attorney of the country enforce the law? Hot damn! Hardball!