Marty Lederman wrote in the blog: Balkinization four questions he would ask of Judge Mukasey.
One in particular caught my eye because it is such a delicious question -- putting the shoe on the other foot, so to speak.
The question was asked of [and evaded by] Gonzales.
"If an enemy of the United States captured non-uniformed U.S. personnel, such as intelligence officers, and interrogated them using some combination of severe stress positions, hypothermia, threats, and prolonged sleep and sensory deprivation, would you conclude that the U.S. persons had been subjected to torture or to "cruel treatment" prohibited by Common Article 3 of the Geneva Conventions, or would you say that the enemy had acted lawfully?"
Click here for the entire text.