Attorney General nominee Michael Mukasey today refused to state that waterboarding is an illegal form of torture. His reasoning is that he can't answer a hypothetical question about the law that you need to know the real facts of a real case to make such a judgement.

Well Judge, I suppose if someone came to you and asked if cutting off a man's head would constitute murder, you would say that you would have to see the headless body before coming to a conclusion.