My post below may explain why Michael Mukasey wouldn't admit that waterboarding is torture: If he did he'd have to prosecute his boss, who personally authorized the waterboarding of at least three detainees. In his confirmation hearing today, Eric Holder was unequivocal.
In an interview with George Stephanopoulos, Barack Obama said, "Vice President Cheney, I think, continues to defend what he calls extraordinary measures or procedures and from my view waterboarding is torture. I have said that under my administration we will not torture."
Under the analysis in my post below, Obama and Holder may now be obligated to prosecute their predecessors.