Any human being with a functioning conscience or a decent heart loathes torture. Its exercise has been a blight on humanity. With this in mind, those who oppose what the Bush administration did to some terror suspects may be justified. But in order to ascertain whether they are, they need to respond to some questions:
1. Given how much you rightly hate torture, why did you oppose the removal of Saddam Hussein, whose prisons engaged in far more hideous tortures, on thousands of times more people, than America did -- all of whom, moreover, were individuals and families who either did nothing or simply opposed tyranny? One assumes, furthermore, that all those Iraqi innocents Saddam had put into shredding machines or whose tongues were cut out and other hideous tortures would have begged to be waterboarded.
2. Are all forms of painful pressure equally morally objectionable? In other words, are you willing to acknowledge that there are gradations of torture as, for example, there are gradations of burns, with a third-degree burn considerably more injurious and painful than a first-degree burn? Or is all painful treatment to be considered torture? Just as you, correctly, ask proponents of waterboarding where they draw their line, you, too, must explain where you draw your line.
3. Is any maltreatment of anyone at any time -- even a high-level terrorist with knowledge that would likely save innocents’ lives -- wrong? If there is no question about the identity of a terror suspect , and he can provide information on al-Qaida -- for the sake of clarity, let us imagine that Osama Bin Laden himself were captured -- could America do any form of enhanced interrogation involving pain and/or deprivation to him that you would consider moral and therefore support?
4. If lawyers will be prosecuted for giving legal advice to an administration that you consider immoral and illegal, do you concede that this might inhibit lawyers in the future from giving unpopular but sincerely argued advice to the government in any sensitive area? They will, after all, know that if the next administration disapproves of their work, they will be vilified by the media and prosecuted by the government.