KARL: Did you more often win or lose those battles, especially as you got to the second term?
CHENEY: Well, I suppose it depends on which battle you're talking about. I won some; I lost some. I can't...
(CROSSTALK)
KARL: ... waterboarding, clearly, what was your...
CHENEY: I was a big supporter of waterboarding. I was a big supporter of the enhanced interrogation techniques that...
KARL: And you opposed the administration's actions of doing away with waterboarding?
CHENEY: Yes.
Andrew Sullivan lays out the implications of the admission:
There is not a court in the United States or in the world that does not consider waterboarding torture. The Red Cross certainly does, and it's the governing body in international law. It is certainly torture according to the UN Convention on Torture and the Geneva Conventions. The British government, America's closest Western ally, certainly believes it is torture. No legal authority of any type in the US or the world has ever doubted that waterboarding is torture. To have subjected an individual to waterboarding once is torture under US and international law. To subject someone to it 183 times is so categorically torture is it almost absurd to even write this sentence.
So the former vice-president has just confessed to a war crime. I repeat: the former vice-president has just confessed to a war crime.
There is no statute of limitations for such a crime; and the penalty under law is either the death penalty or a prison sentence for life.
The question is therefore not if, but when, he is convicted as a war criminal - in his lifetime or posthumously.
In fact, the attorney general of the United States is legally obliged to prosecute someone who has openly admitted such a war crime or be in violation of the Geneva Conventions and the UN Convention on Torture. For Eric Holder to ignore this duty subjects him too to prosecution. If the US government fails to enforce the provision against torture, the UN or a foreign court can initiate an investigation and prosecution.
These are not my opinions and they are not hyperbole. They are legal facts. Either this country is governed by the rule of law or it isn't. Cheney's clear admission of his central role in authorizing waterboarding and the clear evidence that such waterboarding did indeed take place means that prosecution must proceed.
Cheney himself just set in motion a chain of events that the civilized world must see to its conclusion or cease to be the civilized world. For such a high official to escape the clear letter of these treaties and conventions, and to openly brag of it, renders such treaties and conventions meaningless.
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