What's REALLY wrong with Mukasey

Most of the bad press Mukasey has been getting focuses on his inability or unwillingness to declare 'waterboarding' torture.

For me, the bigger objection is his view of Presidential authority to circumvent the law.
From 2nd day of hearings:
"LEAHY: Well, Judge, ... where Congress has clearly legislated in an area, as we've done in the area of surveillance with the FISA law, something we've amended repeatedly at the request of various administrations, if somebody -- if it's been legislated and stated very clearly what must be done, if you operate outside of that, whether it's with a presidential authorization or anything else, wouldn't that be illegal?
MUKASEY: That would have to depend on whether what goes outside the statute nonetheless lies within the authority of the president to defend the country. "
[http://www.washingtonpost.com/wp-srv/politics/documents/transcript_mukasey_hearing_day_two_101807.html]

That's right. Mukasey supports the idea that the President has the authority to act outside the law, "to defend the country." This is far more worrisome to me than the legal status of waterboarding.