How in the fuck can we not prosecute these people?

[originalpckelly]

"As we understand it, when the waterboard is used, the subject's body responds as if the subject were drowning -- even though the subject may be well aware that he is in fact not drowning. You have informed us that this procedure does not inflict actual physical harm. Thus, although the subject may experience the fear or panic associated with the feeling of drowning, the waterboard does not inflict physical pain. as we explained in the Section 2340A Memorandum, "pain and suffering" as used in Section 2340 is best understood as a single concept, not distinct concepts of "pain" as distinguished from "suffering".... The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict "severe pain and suffering". Even if one were to parse the stature more "finely" to attempt to treat suffering as a distinct concept, the waterboard could not be said to inflict severe suffering. The waterboard is simply a controlled acute episode, lacking the connotation of a protracted period of time generally given to suffering."

I say we waterboard Jay Bybee and see if he thinks it's suffering. "Controlled acute episode" is the thing that will stick out.

http://tpmmuckraker.talkingpointsmemo.com/2009/04/torture_memo_waterboarding_is_simply_a_controlled_acut.php

We must prosecute these Nazis, if we do not, then we are implying our consent to this. Prosecute Bybee and the torture boys, at the least.

I see no reason why the CIA officers shouldn't be prosecuted either, did they not see the people who were being tortured suffering?

These people being tortured weren't even convicted of crimes, but even if they had been, there is a prohibition against "cruel and unusual punishment" in the US Constitution, and that applies to all criminals. It doesn't say except for people we really don't like.

Doubt is important to understand, as time goes on there is more doubt the CIA's accuracy in targeting people for torture, and less doubt about the culpability of their staff and the people who told them it was legal to torture.