My friend Joe has an interesting bit of history on waterboarding:

In decisions in 1922 and 1926, the Mississippi Supreme Court — which from the time and place you would not expect to release a black criminals convicted of murdering a white man lightly — reversed the conviction of the man when it had been obtained by the “water cure” (today known as waterboarding)

My opinion on waterboarding is the same as Sen. McCain and the President’s.

Wait, you say that the President and McCain are on different sides of the issue. Well, they probably are.

I agree with McCain that waterboarding is torture and should be illegal. I agree with the Administration that it can be a useful interrogation technique in determining what a terrorist may be plotting.

Where I disagree with most politicians is in their chicken-shit attitude towards taking a stand. I think that the practice should be outlawed. I also think that if a forward commander, or a CIA agent truly feels the nation is in danger (ie the ticking-bomb scenario) then they should use whatever means necessary. If the circumstances are so dire that is requires the use of torture, then the circumstances are so extraordinary that the person should either appeal to the President for a pardon, or commit the crime anyway and defend their actions at a later time.

If the person willing to conduct the torture isn’t willing to risk time in prison, then the circumstances are not extraordinary enough to justify torture. And if a President isn’t willing to take political fallback to pardon someone who _was_ defending this country, then they are not qualified to be President.