So it's [sic] definition was changed during the Bush years, therefore during Bush's rule, it wasn't really torture?!
FWIW, the effort to redefine "torture" preceded the Bush Administration. When the U.S. signed the C.A.T. it did so with a signing statement reserving the right to make more reservations when it was ratified. Upon ratification, the U.S. issued those
reservations, declarations and understandings. Basically it said we agree to this as long as the definition of torture is taken to be something pretty different than what the clear text of the C.A.T. says. For example, it added that the intentional infliction of suffering must be
prolonged. This is the bit, I think, that Yoo and the others were making much of. The word "prolonged" does not appear in the C.A.T. definition at all. It does appear in the definition in the
U.S. Code. (The CAT requires signatory states to pass their own laws reflecting the requirements of the Convention, which complicates the legal status of the definition as given in the CAT leaving wiggle room for those who would use the less conventional definition of torture.)
I think waterboarding is nonetheless obviously torture under the CAT and U.S. law (which reflects some of the reservations including ). The reason is that the category of mental suffering caused by the threat of imminent death is specifically mentioned in the definition. I don't think it's the burden to prove that the suffering caused by that instantaneous sensation of drowning isn't prolonged. I think we can assume it is. If it were transient, and only lasted for the duration of the sensation, then the technique would be utterly ineffective in getting the victim to talk. (You can't talk during the instant when you have water in your airway.)
Again, this is the kind of debate we ought be having--not whether or not Santorum is dissing McCain's war record. And not name calling. While I find Yoo and Gonzales to hold despicable positions on torture, they're not idiots or morons.
Santorum may be a moron, but not simply because he holds the position that "enhanced interrogation" is not "torture". Again, name calling doesn't win a debate.