Again, you are intentionally misrepresenting the issues at stake here unless you honestly think torture is nothing more than "discomfort".
There is a fine line between security and a free society. Once you start embracing torture as a legitimate tool - where do you draw the line? Where do you stop? And what does it do to you as a country? Is it worth it?
I don't think so.
This was the criteria for waterboarding.
I posted the link already.
This was because the CIA imposed very tight restrictions on the use of waterboarding. The waterboard, which is the most intense of the CIA interrogation techniques, is subject to additional limits, explained the May 30, 2005 Justice Department memo. It may be used on a High Value Detainee only if the CIA has credible intelligence that a terrorist attack is imminent; substantial and credible indicators that the subject has actionable intelligence that can prevent, disrupt or deny this attack; and [o]ther interrogation methods have failed to elicit this information within the perceived time limit for preventing the attack. The quotations in this part of the Justice memo were taken from an Aug. 2, 2004 letter that CIA Acting General Counsel John A. Rizzo sent to the Justice Departments Office of Legal Counsel
Do you think every system that attempts to legitimize torture starts out thinking - we're going to torture everyone that pisses us off, looks at us funny, or jaywalks? No. They start out trying to carefully limit and define it - but it doesn't tend to stay that way. Once you start to institutionalize the rationale of "the ends justify the means" it's hard to stop there.
Is torture ever justified....certainly, there are cases where it works or has seemed to be necessary, but at what cost and is the cost always worth what you gain? Is it worth it when at the hands of a skilled interrogator, other methods can yield the same results?
Here is an interesting article:
The Harvard law professor Alan Dershowitz argues for legally sanctioning torture in ''ticking bomb'' cases. ''At bottom, my argument is not in favor of torture of any sort,'' he says. ''It is against all forms of torture without accountability.'' His rationale is that in ticking bomb cases the idea that torture in some form will not be used is illusory, and the government should not be able to walk away from responsibility for it. That, in effect, would leave the interrogators with all of the legal and moral blame.
Jean Bethke Elshtain, a professor of ethics at the University of Chicago, counters that torture is so extreme that it should remain ''tabooed and forbidden,'' and that any attempt to legitimize torture even in the rarest of cases risks the slippery slope toward normalizing it.
Seeking a middle ground, Miriam Gur-Arye, a criminal law professor at the Hebrew University of Jerusalem, argues that in the absence of a concrete terrorist threat, only a specific self-defense argument can justify force in an interrogation: it cannot be justified by the more general and utilitarian -- that is, Machiavellian -- argument of necessity.
And, the same article concludes with:
No matter how wise those drawing up the guidelines are, however, the art of interrogation does not lend itself to micromanagement from above. Interrogators will forever be forced to make split-second decisions with grave life-and-death consequences. The way toward public safety and out of the moral abyss will come less from philosophy than from sturdy bureaucratic reform: correcting, for example, the broken reserve system that contributed directly to the abuses at Abu Ghraib. An interrogator armed with fluent Arabic and every scrap of intelligence the system can muster, who has mastered the emerging science of eye movements and body signals, who can act threatening as well as empathetic toward a prisoner, should not require the ultimate tool.
The last time we used water boarding was in 2003. I think that means we had already stopped before Mr Obama was even a Senator. So how can you say it doesn't stay that way? Seems to me we set rules and guidelines and followed them very closely. Unless of course you want the USA to be the bad guy and continue to insist that the CIA lied about it.