"We used it against these three detainees because of the circumstances at the time," Hayden told the Senate Intelligence Committee. "There was the belief that additional catastrophic attacks against the homeland were inevitable. And we had limited knowledge about al-Qaida and its workings. Those two realities have changed."
Lt.Gen. Hayden is being pretty clear in this statement. He is saying that waterboarding is bad and considered torture, unless you really need the information and then reality distorts and waterboarding can no longer be regarded torture until reality undistorts.
Of course, if you are a group of individuals that like to sit together in your gym shorts smoking fine Midwestern hash while singing songs and pontificating on the nature of laws and legalities and how a can we really define a country by some line on a map that isn't there when you actually go to the border and pick up coke from that dude on the other side of the invisible line that only really separates our minds, man, then you might come up with this sort of defense. It depends what the meaning of is is. I mean, well, you know what I mean, right? I mean, like, come on, bro. How can we be breaking the law if we don't agree on what the law says? You say waterboarding is torture and I say it isn't. Let's just agree to disagree and go get ripped to the tits, broseph!
Or let's not. We see the same shitty excuse on parade against the global consensus of scientists on climate change. The Bush administration's behavior is killing what's left of our democracy. They have decided time and again that they do not need the Constitution of the United States to govern their actions. Every single time anyone has acted to limit the rampantly unethical and illegal actions of this insane Executive, they have countered with nothing more than a legal-speak version of "No. NONONONONONONONO!" This does not set a dangerous precedent for the next president, this destroys our government. I am not only worried about Bush being able to wiretap every phone in the country, I am worried about Obama or Clinton or McCain or Romney or the 46th through 52nd presidents doing the same thing. I am worried about every following president making signing statements that nullify every law passed. I am worried about a Congress that refuses to stop this nonsense. I am worried about a Judiciary that presides over the erosion of the constitutional checks and balances. I am worried about our future as a country.