"Maybe you better read UNCAT again" Maybe you should read again....that the US Senate added a caveat: CID was
to be understood in the U.S. as the cruel, inhuman and degrading treatment
prohibited under the aforementioned Fifth, Eighth, and Fourteenth Amendments.
That is, CID would be controlled by governing American constitutional law
not what activist NGOs, international law professors, and foreign regimes
decided terms like "degrading treatment" might mean. So what is torture?
It really doesn't matter what Michael Tee or I think it may mean in the abstract.
We are governed by law, and torture has a statutory definition. Section 2340
of the federal criminal code defines it as a government act "specifically intended
to inflict severe physical or mental pain or suffering".
(an exception is made for the execution of capital sentences).
The law did not explain what "severe" means. Because of 2002 OLC guidance
(known infamously as the "torture memo"), much attention has been given to this question.
The memo certainly defined the term too narrowly, suggesting that severe meant
"equivalent in intensity to the pain accompanying serious physical injury, such as organ
failure, impairment of bodily function, or even death." Nevertheless, even in conceding
that this definition was too demanding when it withdrew the OLC memo in 2004, the
Justice Department reaffirmed that the designation torture is reserved for practices
causing "intense, lasting and heinous agony" (quoting a 2002 D.C. Circuit Court of Appeals case)
which are so abominable that they stand apart from other condemnable forms of cruel, inhuman
and degrading treatment. With respect to mental pain or suffering, Section 2340 does tell us
that severe "means
prolonged mental harm".....
"The legal argument isn't important" Not for those that lose legal arguments!
"It doesn't matter if the U.S. Senate found a weasel formula that lets it
waterboard its victims and avoid falling under the treaty's definition of torture" Yeah sure Michael Tee....reality doesn't matter.
"That would just be slick lawyering" No it would be reality.
"The act itself is repulsive"War is repulsive and enemies should know that there will be sick,
cruel punishment for those that mess with the United States.
"This is why the videos of it were all destroyed" No it's not....it was probably destroyed because they knew the anti-American
enemy supporters on the Left would use their garbage friends in the media
to help the enemy with videos. The war is not only with the enemy, there is
also a war with the "5th Column" of the Left.
It's a sickening violation of human rights and human dignity that makes me sick to my stomach. Yeah you & the 5th Column's fraud outrage is pretty funny too...outrage at Israel while
you sit sipping coffee on stoeln land in Canada & fraud outrage at the US while your heroes
killed hundreds of millions "for the revolution".

"I get your point that it doesn't make YOU sick to your stomach" It makes me very proud....I wish we would do it more.
I want to inflict much pain & suffering on enemy combatants
trying to destroy the United States.
"I am just convinced as I said before that only one thing is illustrated here:
the gap between those who give a shit about their fellow man and his suffering
and those who don't" Actions speak louder than words...we see whose in Haiti and everywhere else
there is a natural disaster. But if the US dominates the aid relief in the world
but waterboards 3 terrorists flying airplanes into buildings...well golly geee
"the US must not give a shit about his fellow man".
"The argument that this is done to American soldiers is bullshit.
The soldier knows going into it that he won't be harmed and that it's just
for training purposes" Yeah sure...come over this weekend and we can try it on you to see how pleasant it is!
"The captured Afghan has no such assurance and struggles against drowning fully
convinced that he could die in the process"Good...I want to put the fear of God in them....fear...where they literally shit in their pants.