The bottom line:

Senator Arlen Specter of Pennsylvania, the committee’s top Republican, said at a hearing Wednesday that any statement by Mr. Mukasey that waterboarding is torture could fuel criminal charges or lawsuits against those responsible for waterboarding.

“The facts are that an expression of an opinion by Judge Mukasey prior to becoming attorney general would put a lot of people at risk for what has happened,” Mr. Specter said.

Yes. And?

Isn’t that what justice demands?

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