ISSUE
Elisa Massimino of Human Rights First, and Malcolm Nance, a former navy instructor, say descriptions such as "simulated drowning technique" or "a technique that makes the victims think they are drowning" are incorrect and misleading euphemisms. Waterboarding involves the actual slowed process of suffocation and drowning, by preventing breathing and gradually filling the victim’s lungs with water.
The United States has officially considered waterboarding to be torture since the Spanish-American War, severely punished a Japanese officer convicted of waterboarding a United States citizen, and court martialled a U.S. soldier who practiced waterboarding in North Vietnam.
To practice torture in the United States is to renounce our own morality, and to increase the chances that our own captured soldiers will also be tortured.
In his confirmation hearings, Mr. Mukasey refused to declare whether waterboarding was torture and illegal. He also suggested that the president’s Constitutional powers could supersede federal law in some cases.
Mr. Mukasey has indicated to Senator Schumer that, if Congress specifically outlaws waterboarding, he would insist the President obey the law, or Mr. Mukasey would resign in protest. But such a precedent would suggest that all illegal forms of torture would need to be specifically stipulated to be illegal, as opposed to our current law, which is a blanket declaration that all forms of torture are illegal.
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