[Old Retired Army Guy]

I guess being a Washington Lawyer doesn’t necessarily make you smart. First of all it isn’t proven that Waterboarding is torture. Uncomfortable yes. Torture? I don’t think so. Secondly, doesn’t he know that the Vice Preesident doesn’t have any constitutional powers to order waterboarding or any other procedure. He may recommend, but he doesn’t have the authority to order it. So, what are you going to prosecute him for?

[conservatism_IS_compassion]

doesn’t he know that the Vice Preesident doesn’t have any constitutional powers to order waterboarding or any other procedure. He may recommend, but he doesn’t have the authority to order it. So, what are you going to prosecute him for?

That is a most excellent point, constitutionally. But then, it all boils down to the fact that the military and everyone else in the executive branch of government operate under the authority of the POTUS, and nothing prevents the POTUS from giving the VP authority any more than it prevents the POTUS from giving a general authority to do something. The buck always stops at the oval office.

The real issue is not whether waterboarding was done, or what its purpose was. It was done to protect Lanny Davis from being murdered. At a time when Lanny Davis was not certain that a terrorist would not murder him. Of course Lanny Davis has the excuse that he did not know what was being done to protect him - but then, Nancy Pelosi, and others, did. And said nothing.

There's no proof that Lanny Davis would have behaved as Nancy Pelosi did, but there is plenty of reason to suspect he would do the same thing in her shoes, if the same situation arose in the future. Maybe Lanny Davis should ask for a pardon for himself too, while he is at it.