Bob Menendez: “Knowing what we know about waterboarding, there is no way anyone can argue that it does not shock the conscience. The…”

“Knowing what we know about waterboarding, there is no way anyone can argue that it does not shock the conscience. The McCain amendment is not the only provision of U.S. law prohibiting waterboarding. The 2006 Military Commissions Act clearly prohibits the practice. It enumerates the grave breaches of common article III of the Geneva Conventions that constitute offenses under the War Crimes Act. And, it explicitly prohibits acts that inflict 'serious and nontransitory mental harm.' As my colleagues stated so clearly in their letter 'Staging a mock execution by inducing the misperception of drowning is a clear violation of this standard.' In fact, the U.S. has successfully prosecuted individuals who have engaged in waterboarding. After World War II, U.S. Military Commissions accused and successfully convicted Japanese soldiers for torturing American prisoners through the use of waterboarding. How can we stand here over 60 years later and confirm an individual to be our country's highest ranking law enforcement official if he will not enforce laws we have already prosecuted? There is no reason to believe that waterboarding is anything but illegal. There is no compelling argument that it could ever be consistent with U.S. law. There is no ambiguity here. No shades of gray. It is clear to me that water boarding is illegal. It is clear to my colleagues Senators McCain, Graham, and Warner that waterboarding violates U.S. law.”