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POPSDid Someone Get to Mukasey? On Wednesday, during Michael Mukasey's first confirmation hearing, he stated that torture is always wrong and never excusable. Then, mysteriously, the very next day, during his second hearing he was asked if waterboarding is torture, he refused to respond coherently. I have suspicions that the white house was NOT happy with his comments on day one about torture, and gently explained the facts of life to him.