According to the LAT, Senator Pat Leahy said yesterday that "we ... already have laws and treaty obligations against waterboarding." Leahy knows that's untrue. It would be true if we had a court case holding that waterboarding is illegal but there isn't one. Otherwise, Leahy would have cited it.
If Congress wants to outlaw waterboarding it can. If the president vetoes they can override. Leahy and company can't legitimately insist on enforcement of laws that Congress hasn't passed.
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