Remember how Mukasey's nomination was almost stopped over the issue of torture, but he dodged the subject because he simply wasn't informed enough to make the call? Well, he's ready to share his opinion.
I think the Detainee Treatment Act engages the standard under the Constitution, which is a "shocks the conscience" standard, which is essentially a balancing test of the value of doing something against the cost of doing it.In summary, he is saying that whether something is torture is based (partly) on its usefulness. The corollary is that in the right circumstances, they would not classify torture as such. This dovetails nicely with the presidents assurances that we do not torture. Isn't it great that Congress gave a stamp of legitimacy to this lawlessness by nominating this bastard?