In what may be a disappointment for many, the Senate leadership has scheduled a vote on Mukasey for next Tuesday despite his refusal to recognize that waterboarding is torture. Ranking Republican Arlen Specter (Pa.) said today that he did not know “how much more (Mukasey) can say than what he said.” He added “I think that the extensive letter which Judge Mukasey has submitted goes about as far as he can go. He has repudiated waterboarding, he has rejected it, but he has stopped short of making a determination of legality,” As in past cases, Specter’s statement left many confused. Of course, there is much more that Mukasey could say. He could acknowledge that U.S. and international courts have defined waterboarding as torture for decades. This just happens to be the preferred form of torture used by the Administration and Mukasey refuses for obvious reasons to state the law in the area. Moreover, Mukasey did not “repudiate” water-boarding. He said it was personally repugnant. No one should care what Mukasey personally finally repugnant. The question is what he views a lawful. It can be personally repugnant but legally permissible under his current position. It will now be seen if senators really stand against torture or just consider it a marginal issue.