The recent Senate Judiciary Committee hearings on President Bush's nomination of retired federal judge Michael B. Mukasey as attorney general revealed some unacceptable views by him on the subject of torture.

Specifically, senators sought Mr. Mukasey's opinion on whether waterboarding, a harsh interrogation technique that makes a detainee feel that he is drowning, constitutes torture. Mr. Mukasey tried not to answer the question, calling the practice "over the line" and "repugnant," but not illegal. While some committee members are willing to send his nomination to the full Senate, we believe they should withhold support.

Mr. Mukasey's refusal to express a clear opinion on the legality of waterboarding is intended to protect from prosecution both those in the Central Intelligence Agency who used the technique as well as more senior officials in the White House and possibly the Department of Defense who ordered it either under the War Crimes Act or in civil proceedings.

That is not a good reason for Mr. Mukasey to dodge and weave on this issue.

If senior officials are concerned about the possibility of prosecution now, they should have thought of that before they ordered or carried out acts that could be considered torture.

Americans have already had enough of evasive and misleading statements at the Justice Department, from the previous head of the agency, former Attorney General Alberto R. Gonzales. What the country needs least of all is a second "Torture Guy" (New York Times columnist Maureen Dowd's nickname for Mr. Gonzales) as attorney general.

Although the Post-Gazette initially assessed Mr. Mukasey as a capable and confirmable nominee, his testimony before the Judiciary Committee shows otherwise.

Torture is inconsistent with American principles of justice and humanity and does not work. A prisoner who believes himself to be in imminent danger of drowning will say anything, true or not, to stop the torture. The legislation and opposition to torture of Sen. John McCain, R-Ariz., who was tortured himself by the North Vietnamese, is the best evidence on the subject.

Even though President Bush believes that Congress is not treating Mr. Mukasey fairly, the Judiciary Committee should not forward his nomination to the full Senate for a vote. Until Mr. Bush can offer a nominee who has a principled, American perception of torture, the country is better off with the position vacant.