U.S. Senator Ken Salazar

Member of the Agriculture, Energy and Veterans Affairs Committees

 

2300 15th Street, Suite 450 Denver, CO 80202 | 702 Hart Senate Building, Washington, D.C. 20510

 

 

For Immediate Release

Wednesday, Novemeber 7, 2007

CONTACT:Stephanie Valencia – 202-228-3630
Cody Wertz 303-350-0032

Sen. Salazar’s Statement on Mukasey Nomination

WASHINGTON, DC - Today, United States Senator Ken Salazar released the following statement announcing that he will not support Judge Michael Mukasey’s nomination to be United States Attorney General.

“I met with Judge Mukasey in my office yesterday to discuss how he would carry out his role if confirmed as the next United States Attorney General. This role is more important now than at any other time in the history of the Justice Department. Having been an Attorney General myself, I strongly believe that the independence of the position is sacrosanct. The Attorney General must enforce the laws on the books, not advocate for a particular outcome.

“After meeting with Judge Mukasey yesterday I cannot support his nomination because I am deeply troubled that he is unwilling to clearly and unambiguously state that he will uphold U.S. law barring the use of water-boarding. I specifically asked Judge Mukasey what he would do as Attorney General if he were asked whether an agent could use water-boarding in an interrogation setting. Judge Mukasey’s response was disappointing. He said he did not know and that it depended on whether or not there was intent to cause pain. That answer, in my view, is unacceptable.

“The 2006 Military Commissions Act, which this Congress passed, and the President of the United States signed, prohibits the use of torture. By U.S. law, the 1949 Geneva Conventions, and by our most basic human sensibilities, water-boarding is torture and it is illegal. This has been further affirmed by the top lawyers in the Army, Navy, Air Force, and Marines – both current and retired. And it has been affirmed by my colleagues, Senators Warner, McCain, and Graham, who wrote to Judge Mukasey saying: ‘Water-boarding, under any circumstances, represents a clear violation of U.S. law.’

“I recognize the importance of compromise and collaboration in affirming nominations. However, there are some fundamental, core principles for which we must stand. These principles are tested, no doubt, in the face of violence and war, but it is in these moments when they are all the more important. The fact that we do not torture is fundamental to who we are and, in conflict after conflict, has helped ensure that American prisoners are treated with the same dignity that we afford our enemies. This is not a complex issue. It is not open to interpretation or equivocation. Our laws are clear, and we need an Attorney General who will enforce them, no matter what.”

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