Connecticut (and the country) could have had Ned Lamont.

Connecticut Sen. Joe Lieberman reluctantly acknowledged Thursday that he does not believe waterboarding is torture…

…In the worst case scenario – when there is an imminent threat of a nuclear attack on American soil – Lieberman said that the president should be able to certify the use of waterboarding on a detainee suspected of knowing vital details of the plot.

“You want to be able to use emergency tech to try to get the information out of that person,” Lieberman said. Of course, Lieberman believes such authority has limits. He does not believe the president could authorize having hot coals pressed on someone’s flesh to obtain that information.

…The difference, he said, is that waterboarding is mostly psychological and there is no permanent physical damage. “It is not like putting burning coals on people’s bodies. The person is in no real danger. The impact is psychological,” Lieberman said…

“…He does not believe the president could authorize having hot coals pressed on someone’s flesh to obtain that information…” But, in your worst case scenario Senator Lieberman wouldn’t that be worth it?

We’ve already determined what you are Senator Lieberman, now we’re just haggling over the price.

Title 18, Part I, Chapter 113C, Section 2340

“torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; (2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from – (A) the intentional infliction or threatened infliction of severe physical pain or suffering; (B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (C) the threat of imminent death; or (D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and (3) “United States” includes all areas under the jurisdiction of the United States including any of the places described in sections 5 and 7 of this title and section 46501(2) of title 49.

[emphasis added]

December 30, 2004 “Levin Memo”

…Two final points on the issue of specific intent: First, specific intent must be distinguished from motive. There is no exception under the statute permitting torture to be used for a “good reason.” Thus, a defendant’s motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute. See Cheek v. United States, 498 U.S. 192, 200-01 (1991). Second, specific intent to take a given action can be found even if the defendant will take the action only conditionally. Cf., e.g., Holloway v. United States, 526 U.S. 1, 11 (1999) (“[A] defendant may not negate a proscribed intent by requiring the victim to comply with a condition the defendant has no right to impose.”). See also id. at 10-11 & nn. 9-12; Model Penal Code § 2.02(6). Thus, for example, the fact that a victim might have avoided being tortured by cooperating with the perpetrator would not make permissible actions otherwise constituting torture under the statute. Presumably that has frequently been the case with torture, but that fact does not make the practice of torture any less abhorrent or unlawful.

[emphasis added]

…[12940] The methods used were:

(1) Water Torture. There were two forms of water torture. In the first, the victim was tied or held down on his back and a cloth placed over his nose and mouth. Water was then poured on the cloth…

International Military Tribunal for the Far East – Proceedings, p. 12,936.

When…did not succeed in getting anything out of me, he gave me the water test. ..I was tied to the bench with my hands cuffed on my back. At a certain moment my agony was such that I broke the handcuffs…

International Military Tribunal for the Far East – Proceedings, p. 13,684.

“Not torture”, Senator Lieberman?