was there a scotus ruling that said waterboarding is illegal? i thought they were lower court rulings as to those people, not a ruling the specifically said waterboarding is torture. lower courts are only binding as to their circuit or district.
Okay, thanks for claryfying. I didn't realize that SCOTUS makes all case law. I must have missed that somewhere.
However, you said it wasn't binding. In this case it is. We have a precedent in Texas on waterboarding as torture. Though the High Court has not had ruling on waterboarding specifically, it will in the very near future. Now Back to your, "It doesn't specifically say waterboarding argument." I call bullshit. Those cases specifically cite torture. Since waterboarding is the technique used as evidence, it is therefore defined as torture. The case in Texas is federal, that means that our Justice department went and defined, by case law, waterboarding as torture. At this point I could give two shits if anybody thinks that it is okay to use because it does no harm. That matters not, because the US Government has defined it as torture and as it has been said throughout our history, "we don't torture." Legally speaking, it isn't illegal everywhere. Legally speaking though, it is torture.
Water boarding is not torture and this is without regard for the opinion of a 'progressive' jurist.
The notion that the courts are the arbiter of such matter is absurd and such is yet another disfunctional delusion of left-think.
A judge or jury may hear argument which tends towards convincing them that waterboarding is torture; but that determination rests upon the circumstances relevant to that argument.
If someone kidnaps an innocent person, subjects them to water-boarding, then sure, its' torture... as there is no basis for such... the person was innocent, the basis for such as sadistic entertainment or some distorted notion of punishment.
None of which are relevant to the circumstances of interrogating mas murderers who are presently associated with those who are plotting attacks upon innocent people, who've no means to defend themselves from such attacks and who will be maimed and killed in massive quantities...
These advocacies for the rights of those actively seeking to murder massive numbers of innocent people are spurious rationalizations of the counter producitve variety.