I honestly don't know why everybody's so hung up on waterboarding specifically at this point. If this is their legal understanding, then they can use the rack, they can break arms and legs and they can pull teeth out with a pair of pliers. There is no logical difference between any of that and waterboarding if the only moral and legal guideline is that "it might be used to save lives."
I'd like to once again thank all those who voted to confirm Michael Mukasey and those who didn't bother to vote. It was an excellent demonstration of leadership. (My recollection is that many of the Democrats felt they had already "won" by forcing out Alberto Gonzales.) But maybe next time, we could just have a little baseline that the Attorney General of the United States can't believe that torture can legally be used if it might save lives. I think that might be considered a basic qualification going forward.