Bush's new Attorney General still can't give a straight answer on waterboarding.

In 2006, the CIA and Pentagon banned the technique, which involves strapping an interrogation subject to a surface, covering the person's face with cloth and pouring water on the face to imitate the sensation of drowning.

If the Justice Department joined other nations and specifically defined waterboarding as illegal, CIA interrogators might be vulnerable to retroactive legal action in either U.S. or international courts.

Mukasey said he would not and did not need to discuss the legality of something that would only serve to provide information to the enemy.

How would it be providing information to the enemy if the technique is already banned?