Biden goes after Ashcroft

From a clip played on CNN's "Lou Dobbs Tonight," about the Justice Department memo giving Bush the wink and a nod about torture. Apparently the video excerpt picks up after Biden (who has a son in the military) has asked Ashcroft whether the use of torture is [legally?] justifiable:

JOHN ASHCROFT, U.S. ATTORNEY GENERAL: First of all, this administration has not ordered or... SEN. JOSEPH BIDEN (D), DELAWARE: I'm not asking that, John. Excuse me. With all due respect, I want to know your opinion. ASHCROFT: I won't issue or otherwise discuss hypotheticals. I'll leave it to the academics. BIDEN: Let me see. Do you think this is justified? It is not hypothetical. ASHCROFT: That's not a hypothetical. That is a circumstance. That's the kind of circumstance that when it is referred to the justice department, we investigate and if there is a basis for prosecution, we would prosecute. We have investigated... BIDEN: John, you sound like you're in the state department. Remember the old days when you were here looking for answers on this side? ASHCROFT: I have a recollection of that. BIDEN: Yes. Well, my time is up, I can see. ASHCROFT: I condemn torture. I think... BIDEN: So it is not justified, then? ASHCROFT: I don't think it's productive let alone justified. BIDEN: I don't either. By the way, there's a reason -- I'll conclude by saying there is a reason we sign these treaties. To protect my son in the military. That's why we have these treaties. So when Americans are captured they are not tortured. That's the reason in case anybody forgets it. That's the reason.