There's been a lot of fact checking about the claim, "we hanged Japanese war criminals for waterboarding."
Here are some links to the folks who went to the trouble to fact check:
Mark Hemingway from the National Review Online (NRO) argued hangings were for lots of things including waterboarding but also noted some people who waterboarded were not hanged. But that doesn't tell us if they participated at different levels.
Paul Begala (CNN & Huffington Post) rebutted the NRO article and argues
McCain said it and
PolitFact checked on the facts and agreed.
But let's get back to the thread issue, that is, because Maddow repeated a claim which was arguable mainly on semantic grounds, this is supposed to be the big example that deceit by Maddow is equivalent to the deceit (or errors if you consider deceit has to be a purposeful lie) of Hannity and Beck.
This particular semantic error was only a distraction from the facts in the first place. It's like trying to argue a sidetrack so no one will notice the reason for the statement, "the US hung people for waterboarding", was specifically to point out waterboarding was considered torture by US law after WWII.
Does the fact the US hung people for war crimes that included waterboarding rather than the fact the US hung people for waterboarding mean waterboarding was only questionably torture under US law? No. And wasn't that the real issue? Yes. So Maddow was correct where it mattered, waterboarding was easily found in US case law and was illegal. Bush attorneys were lying or derelict in their duty when they gave Bush a letter excusing war crimes claiming the acts weren't clearly illegal.
Fact: Waterboarding was defined as torture in US trials in cases against Japanese soldiers after WWII.
Whether or not it was, by itself, punishable by death, can be viewed as an exaggeration of the severity with which the law viewed the torture, but it doesn't change the fact it was considered torture under US law. And that was the issue under discussion. Arguing the semantics of Maddow or Begala is a typical example of the Republican propaganda machine trying to distract people from the fact Bush committed war crimes as defined by US law and his attorneys helped cover the crime.
At worst Maddow exaggerated the severity of waterboarding as torture severity goes (by a semantic error), and at best waterboarding
is punishable by death but doesn't carry a mandatory death sentence. Not all murder cases get the death penalty either while murder can be punishable by the death penalty, it isn't always. It is still murder and waterboarding regardless of the punishment, is still defined as torture in US case law.