Attorney General nominee Eric Holder Jr., in response to Senate Judiciary Chairman Patrick Leahy's first question, said unequivocally that waterboarding amounts to torture.
The question, which nearly sunk the nomination of Attorney General Michael Mukasey, means Holder will have to make a decision, if confirmed, whether to investigate Bush administration officials who condoned the use of the tactic on suspected terrorists.
"I agree with you chairman that waterboarding is torture," Holder said. He also said U.S. officials could be held accountable for transferring prisoners to the custody of foreign agents or contractors who use such tactics.
Leahy, pushing further, asked whether the commander in chief could immunize officials who sanctioned the use of waterboarding against legal fallout. Many have speculated that President George W. Bush may preemptively pardon members of his administration who were involved in devising and carrying out a CIA detention and interrogation program that involved the use of waterboarding and other harsh methods on suspected terrorists.
"Mr. Chairman, no one is above the law," Holder said."The president acts most forcefully when he acts consistent with congressional intent."
Holder said interrogation methods in the Obama administration would be consistent with treaty obligations.

After doing extensive research over this topic, I find that I agree completely with Holder on his views of waterboarding. It is a form of torture, maybe not the worst, but still a form. The method should not be used unless the effects of the process are ok for doctors to say that the victim will be alright and not suffer from PTSD or any other problems from the method. I don't agree with it at all.
Posted by: lyn | January 20, 2009 at 11:27 AM
"The president acts most forcefully when he acts consistent with congressional intent."
No, that is not true, the only time the President "acts most forcefully," is when he acts in accord with the intent of the American People. "We, the People" are the source of Power in America, but, only such Powers GRANTED 'within the body' of the "Constitution for the United States of America."
When, and IF, Mr. Holder 'ascends' to the post of Attorney General, he will 'usurp' Powers never granted by the Constitution, simply handed out by a government gone Rogue.
Posted by: Warsong | January 15, 2009 at 11:56 PM