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Commander Frank Wead, United States Navy:
SERE Training of our own military includes (included?) waterboarding. (The D.O.D. will not comment on whether or not it is still using waterboarding in SERE training.)
I see a few problems with indicting George Bush:
#1 -- Is waterboarding torture? Congress was asked to legislate that it indeed was and declined to do so. Our own military uses waterboarding as a training technique.
#2 -- Are terrorists protected by any treaties signed by the US outlawing torture? Or are they excluded?
#3 -- If waterboarding of terrorist suspects was indeed illegal, why did President Obama issue an Executive Order banning its use?
There's the number one problem with trying to prosecute anyone, for roughing up a captured terrorist. Per the Geneva Convention, terrorists are considered illegal combatants don't rate protection under the rules of war.