Lungren wondered: Are Navy SEALS subjected to waterboarding as part of their training being tortured?
Holder: No, it's not torture in the legal sense because you're not doing it with the intention of harming these people physically or mentally, all we're trying to do is train them --
Lungren: So it's the question of intent?
Holder: Intent is a huge part.
Lungren: So if the intent was to solicit information but not do permanent harm, how is that torture?
Holder: Well, it... uh... it... one has to look at... ah... it comes out to question of fact as one is determining the intention of the person who is administering the waterboarding. When the Communist Chinese did it, when the Japanese did it, when they did it in the Spanish Inquisition we knew then that was not a training exercise they were engaging in. They were doing it in a way that was violative of all of the statutes recognizing what torture is. What we are doing to our own troops to equip them to deal with any illegal act -- that is not torture.
Okay, that means we have two options:
1) We can waterboard all we want and call it training (after all, KSM needs to know how to handle other bad things that will happen to him in custody); or
2) We can try the Bushies for hate crimes, because it's the same logic used there.
Well, actually we can do one other thing. Let the matter drop entirely. And there's a pretty good chance that's what is going to happen in the end.