Torture has specific definitions in codified U.S. Law. Waterboarding DID NOT fall under any of those laws. If it did, Obama wouldn't have had to ban it now would he? You can argue all you want over semantics but clearly the law will have to be adhered to. In this case prior to Obama specifically outlawing the interrogation method, it was legal. SERE school started in the 1950's. Students were waterboarded there for 60 years. It wasn't illegal. Time to move on...this won't win any more elections for the progressives.
Special Forces are waterboarded precisely because it is torture used to force false confessions by certain deplorable enemy nations, so that they can attempt to withstand the torture. Using SERE as justification for it not being torture is completely ass-backwards.
Waterboarding clearly meets the definition of torture outlined in the United Nations Convention Against Torture, which the U.S. ratified (making it according to Article VI of the Constitution, "the supreme law of the land") and Ronald Reagan proudly endorsed.
Definition of Torture from UN Convention Against Torture said:
Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person, information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
Ronald Reagan said:
The United States participated actively and effectively in the negotiation of the Convention . It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today.
The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called "universal jurisdiction." Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.
Not only is waterboarding torture, but so is multi-day bouts of sleep deprivation, threats that detainee's families will be raped or killed, placing them in coffins with insects, punching and kicking them, sicking dogs on them, sexually humiliating them, and lets not forget the forced sodomy by foreign objects. Not only is waterboarding torture, but it's far from the only torture method Yoo's memos authorized and the CIA, JSOC, and military interrogators used.
The State Department's Country Reports on Human Rights Practices explicitly recognized that certain techniques the CIA was currently using in "coercive interrogations" were the same techniques the U.S. had for years been condemning as torture when employed by other countries. This includes not only waterboarding, but extended forced nudity, cold water dousing to induce hypothermia, extended forced sleep deprivation, extended stress positions, punching, kicking, etc.
These techniques are and always have been torture. The authorization of their use didn't change any of that. The Administration wanted to torture detainees and tried to get their lawyers to find a way to get around the laws preventing it. No one they asked gave them the answer they wanted until they made their way down to a low-level functionary named John Yoo who gave them the "legal opinion" they asked for. An attorney telling you he thinks maybe the law can be interpreted to allow you to do something doesn't make it legal. The use of waterboarding, like the denial of habeas corpus and many other Bush-era practices, were justified by legal opinions they requested but when those justifications finally saw the light of day and made it to the Supreme Court, they were stricken down as absurd, pseudo-legal nonsense.
The basis of your argument is that if a crime is not prosecuted, it is not a crime. That's entirely specious, by your rationale anyone who gets away with murder must not have done anything wrong.
Waterboarding is torture and torture is a crime, whether the government has the balls to uphold the law and prosecute those responsible for it or not. Crimes just don't cease to be because of prosecutorial inaction.
Again, your belief that the law is on your side because no one has been prosecuted really just demonstrates that you're not bright and don't understand that the legal system is not an automated process wherein any crime committed is automatically tried. Because of the high-ranking, politically connected and powerful people who committed these felonies, and the scandal that would result when say the former Vice President, Secretary of Defense, OLC lawyers, and the current Speaker of the House were found guilty of authorizing torture and sentenced to decades in prison, the DOJ lacks the will to investigate and charge them.