It should be clear that Mukasey's silence on waterboarding dismisses him from further consideration for AG, with his mushy, no-comment stance inferring he does not wish to weigh in on something that is so obviously illegal.

So what's the gamble here, if he rightfully condemns waterboarding then he likely violates any prior agreements he made with Bush on the subject and he's out. Or he can say nothing about it, obfuscate, and assume wet-noodle Democrats will approve him anyway, believing he's at least better than Gonzo. (Yes, our top legal department has been decimated to where we're happy with the lesser of the two evils).

But come to think of it, good gamble, the Dems will cave.