Whatever else one might say about Attorney General-designee Eric Holder, he is not Alberto Gonzales. And that’s a good thing.
As The New York Times reports of today’s confirmation here, Holder responded to a question about the military prison in Guantánamo Bay, Cuba by unequivocally saying
“Waterboarding is torture.” It was so defined under the Spanish Inquisition and when used by the Japanese in World War II, he said, and it remains so today.
President-elect Barack Obama has vowed to close the prison, which Mr. Holder said he agreed with. “There are possibly many other people who are not going to be able to be tried but who nevertheless are dangerous to this country,” he said. “We’re going to have to try to figure out what to do with them.”
Asked whether a president might have the power to immunize people against criminal charges if they employ waterboarding, which creates a drowning-like sensation, to obtain intelligence to use against terrorists, Mr. Holder answered unambiguously: “Mr. Chairman, no one is above the law.”
The answer offers a sharp contrast on the issue, after the last two attorney generals under George W. Bush — Gonzales and Michael Mukasey — who avoided answering the question.
Holder is no shoo-in for confirmation — there is that messy little question about the Marc Rich pardon under Bill Clinton, but Holder’s words are an indication that Obama is serious about changing the nation’s direction and rebuilding America’s moral standing.
Hank Kalet 
