When AlQueda accepts and acts within the Geneva conventions, then I’ll start being concerned if waterboarding is torture or not and whether or not torture is justified in interrogating homicidal fanatics.
In the meantime, they’ve essentially declared unlimited war on us, and it would be insane and treasonous to tie our military’s hands in the face of that threat.
Just remember that the 4th Amendment bans cruel and unusual punishment.
It is silent on cruel and unusual interrogation.