He doesn't know if it is torture...

Doesn't logically follow. Not everything unpleasant qualifies as torture.

Would you consider tying someone to a chair then dunking them underwater for 2 mins only to bring them back up ask them a question, and if not answered do it again for longer as torture?
 
OTOH, I really think this whole issue is moot. The US has prosecuted people in the past for waterboarding. In fact, didn't I read that US soldiers in Vietnam were prosecuted after pictures of them using waterboarding surfaced? So when did it become legal?

Apparently the US government sent a Japanese officer to jail for 15 years for waterbording US troops during WWII.

That's good enough for me.
 
It goes deeper than that, and also illuminates the choices for AG the Supreme Court. They believe that the President is in actuality an "elected king", and is not bound by the rule of law. They will only appoint people who hold that view, or who will ignore the legal consequences when the Bush administration acts outside of the law.
Where is evidence that any of the Supreme Court justices believe this, Joe?

DR
 

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