Michael Mukasey knows his non-answer to the question about the legality of waterboarding torture could doom his chances to be the nation's attorney general.

The former federal judge also knows that giving his opinion on waterboarding's legality isn't conceding that the United States uses such techniques to interrogate prisoners in the war on terror.

So why is he refusing to give senators a straight answer as they seek to confirm or reject President Bush's nominee?

President Bush weighed in with one of his classic obfuscations, saying the judge can't give an answer because he doesn't know if the administration uses waterboarding as an interrogation technique.

Translated, that silly reasoning means the president doesn't want his nominee to answer the question. That also suggests Judge Mukasey will not be the independent attorney general the nation must have to help keep the balance of powers between the three branches of government.

In this instance, the judge gives the appearance of being President Bush's lap dog, or another Alberto Gonzales, who resigned amid a scandal over blind loyalty to the president.

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