The non-denial denial

The Justice Department--in the person of the acting chief of the Office of Legal Counsel--told a House committee that waterboarding is not legal. Wow.

But look closely at the testimony of Stephen Bradbury, who's nomination as permanent chief of the office is being held up by Senate Democrats:

The program as it is authorized today does not include waterboarding,

and later,

There has been no determination by the Justice Department that the use of waterboarding under any circumstances would be lawful under current law.

So, what did he really say? That waterboarding is not legal today. The Justice Department could decide tomorrow (or tonight) that the technique is legal. In other words, Bradbury said nothing at all.

This is a classic non-denial denial, beloved of the Watergate gang: appearing to deny something, but not actually doing it. But why should we be surprised?