From The New York Times:
WASHINGTON — Attorney General Michael B. Mukasey said Wednesday that while he would consider it torture if he underwent the harsh Central Intelligence Agency interrogation technique known as waterboarding, the practice was not necessarily illegal, and he would not rule out its use in the future.
“Would waterboarding be torture if it were done to you?” asked Senator Edward M. Kennedy, Democrat of Massachusetts, glowering at Mr. Mukasey.
“I would feel that it was,” Mr. Mukasey acknowledged in the low monotone that he uses in virtually all public settings.
But the attorney general, a retired federal judge, would not be drawn into a larger conversation with Senator Kennedy or other Democrats over whether waterboarding might amount to torture if it was carried out on others, including American citizens held abroad.