[Conscience of a Conservative]

“Have they ever been specifically and legally defined as such? If so, by whom?”

Unfortunately, there is a strong case to be made that Waterboarding is “torture,” as per 18 U.S.C. 2340, which defines “torture,” for the purposes of U.S. law, to include the infliction of severe mental pain or suffering. It defines “severe mental pain or suffering” to include mental harm caused by or resulting from, among other things, the threat of imminent death.

Since waterboarding, to the extent that it is effective, is effective precisely because it inflicts a threat of imminent death, it is arguably torture under this definition, and, as such, would be prohibited under 18 U.S.C. 2341, which prohibits any U.S. persons from engaging in the activity described, regardless of where such activity occurs.

[NurdlyPeon]

Since waterboarding, to the extent that it is effective, is effective precisely because it inflicts a threat of imminent death.

How so? The questionee knows they're not going to actually let him die. There's no actual threat of death. If the questionee makes this threat up in his mind, that's not our problem. We're just making him "uncomfortable".

[OkiMusashi]

One simple question:

If waterboarding (as practiced by the CIA) is “torture” and therefore “illegal, already; then why is Congress moving to BAN the CIA from doing it?
-

Seems to me that this is a clear admission by Congress that as far as the CIA and their version of waterboarding go:

A. It’s not torture, by definition.
B. It is legal ... (as far as the CIA is concerned)

-

As for this Judge?

I’d ask him read the court order out loud and then I’dvask him where the Administration violated it.

The hearing should take about 10 minutes. [shrug]

[Ajnin]

There is a considerable amount of military training, such as SERE and BUD/s that fall under those perameters. Having actually witnessed water boarding being performed I wouldn’t call it torture any more than I would call a 20 klick hike with 80 pounds of gear in 100 degree heat torture.

[rahbert]

Does this mean then that such “US persons” cannot
order the procedure to be performed by “non-US persons”?

It would seem that under rendition the US persons are
not actually conducting the waterparty.

[untrained skeptic]

You left out a rather important part.

''severe mental pain or suffering'' means the prolonged mental harm caused by or resulting from

So we are supposed to believe that 35 seconds of water boarding caused prolonged mental harm in someone who helped plan the murder of thousands of people?

I'm sure that it might have shook them up and put them in imminent fear for their lives. However, suggesting that their actions are going to directly result in prolonged mental harm to such an individual isn't credible.