Go read the memo everyone is up in arms about.

http://stream.luxmedia501.com/?file=clients/aclu/olc_08012002_bybee.pdf&method=dl

It reviews at length what constitutes torture and why certain interrogation methods can or cannot be used. They strived to make sure they did not break US Code 2340A…

“Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.” http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00002340---A000-.html

US Code 2340 defines torture…

““torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; ” http://www4.law.cornell.edu/uscode/18/usc_sec_18_00002340----000-.html

The memo concluded waterboarding does not meet the definition of torture for several reasons. 1) No pain is inflicted. 2) The subject is not under the threat of drowning (no water enters lungs). 3) Throughout the history of using waterboarding during SERE training, no one has suffered lasting physical or mental effects.

To redefine waterboarding as torture effectively moves the goal-posts in an attempt to retro-actively turn the Bush administration into criminals.

The Bush administration did everything it could, within the confines of law, to protect the United States from terrorism. That’s exactly what the current president should be doing, rather than endangering the nation for political gain.