Slippery simply doesn't comprehend that proving a criminal case is about facts and not labels.
There are specific elements to a crime.
You have to prove each one with the specific facts of the case.
That "waterboarding" was supposedly found to be "torture" at some other point in the past does not mean that the specific facts of the case at hand fulfill the elements of the crime. It only means that the facts of past cases fit the elements of the crime on that day in the past.
And no amount of angry, forceful bluster changes that. Wind is just wind.
2001-2008: Dissent is the highest form of patriotism.
2009-2016: Dissent is the highest form of racism.
2017-? (Probably): Dissent is the highest form of misogyny.