Waterboarding, Just water boarding

[ProfessorB]

Congress certainly could "legislate" waterboarding away under its Article I powers to "make all laws" concerning the armed forces, though this begs two issues:

1. Only part of the Intelligence Community constitutes the armed forces for purposes of Article I jurisdiction, so this would only get at part of the problem; and

2. The administration has already reserved to itself the right to ignore acts of Congress under the presumptive authority granted under Article II's commander-in-chief clause.

My assumption is that the panoply of Bush-era executive privileges will be brought up for strenuous review by the Republican Party in Congress once a Democrat is elected president -- they're not going to be at all happy with the idea of President H. Clinton having Bush/Cheney powers.

[goesh]

http://www.msnbc.msn.com/id/21698732/

"Senate confirms Mukasey as attorney general
Bush nominee wins backing for post despite waterboarding flap"

Doesn't this sort of remind the reader of the ol' steroid game pro athletes play? You know, a performance enhancing agent gets banned, Chemists and hustlers develop an alternative not on the list, not able to be readily detected, athletes then perfrom wonderous feats of strength and agility, records get broken, kudos and perks flow their way, then they fall into disgrace once the evil chemical is identified and banned by the agencies in charge of monitoring and regulating such affairs. I had thought to title this post " The Tao of Sensory Deprivation Tanks, or, The Ying and Yang of Torture" but I haven't yet even begun to understand the Islamic mind let alone the Asian mind, so let's leave sleeping dogs alone in their slumber.

Can you imagine how many hearings and how much time it would take our august govermental bodies to come to grips with the use of sensory deprivation tanks? How much research? How many hearings? How many tax dollars for paid consultants - then the same round of inquiry and hearings applied to allies who use such techniques? there's no physical pain involved with this technique, sort of like solitary confinement in that respect or for that matter much like the general idea of isolating certain people from society to begin with. When good will, reason, brotherly love, hugs, empathy, rationality and the Golden Rule of Law fails us in the effort to prevent the loss of our lives and property, we at least can still hold the high moral ground and have lots of solemn hearings and testimony - they can't take that from us.