…because the opinion was repudiated later by the DOJ. So by approving waterboarding (ironically, unlike SecDef Rumsfeld, who refused to let the DOD do it in Gitmo)…so ultimately, it boils down to morality – where I think he was completely correct, but legally – indeed. And do we really disagree with the convention on torture? In theory, but the question is about letting the genie out of the bottle. So it boils down to if water boarding is torture.
I think it is, just doesn’t leave permanent damage. Oh well! Moshe, you are indeed correct.