It's a shame, but right now the sentiment among Liberals is such that only the US is guilty of torturing people. A very cursory glance at the newsfeeds confirms my suspicions that "enlightened" places like France, Germany, England, Japan, Italy torture, even at the police level. I'm sure the list could go on and on - mind you this is current news not something dredged out of the annals of WWII. If it were, Germany, Italy, and Japan would top the charts of evil regimes. Just ask a citizen of China about Japan's pacifist and restrained Kempeitai
Torture should NEVER be legal - I believe that unequivacably. "What constitutes torture?" is a snowjob question to cover up activities that the participants know are illegal. Mr. Mukasey is attempting to dodge the question so as to keep it legal.
The President of the US should NEVER publicly condone torture - to do so would set a precedent that would corrupt our civil liberties for good. But... that doesn't mean the President won't have someone tortured. Every country in the world tortures at some point in time - despite claims to the contrary it is the only effective way to get information from someone who isn't cooperative. But it shouldn't come into the public light - and as soon as it does the President needs to condemn it publicly and silently put those activities on hold.
It needs to be treated like war - an act that isn't undertaken except in very exceptional and unavoidable circumstances. The current administration's primary fault is that they are sloppy and amateurish. They allowed it to splash all over the fucking headlines by hiring moron contractors to do prison detail in Iraq. They made backroom deals with the Canadians to kidnap their citizens and ship them all over the world. They built a prison in Cuba to house prisoners that should have been shot on sight back in Afghanistan - just so they could get questionable information. The US's mistake was to overrely on it and in doing so implement it sloppily and without clear plans. If they napalmed the entire Guantanamo camp and ashed them all into oblivion I wouldn't shed a single tear. But every day that camp exists it accelerates the tarnishing of our image. It screams to the world that the US openly condones this stuff.
Bush, I presume, has a reason for keeping that place around. But he isn't communicating that reason to the world and forcing us to guess about his intentions. So he has two options - release them (either by opening up the cells or killing them) or start explaining why that place needs to exist beyond "these people are dangerous criminals". His sloppy implementation of interrogation and torture has produced this mess, his ham-handed handling of the war in Afghanistan and Iraq have produced this mess.