The LAT argues in an editorial this morning that the planned military trial of six Al Qaeda terrorists presently held at Gitmo is illegal because prosecutors may use in the trial evidence obtained by waterboarding, and further that the prosecution is immoral because prosecutors will seek the death penalty. Finally, the LAT argues that military trials are illegitimate because Congress authorized them by passing an "odious" statute.
Waterboarding was legal then and likely is now in some situations, besides which it caused no bodily harm and was effective. The death penalty is a lawful penalty under federal and some state laws for some crimes. Congress has the power under our constitution to make laws -- some of which may be odious to some people -- subject only to presidential approval, except when overridden by a super majority. Does the LAT insist on U.N. approval of our laws?
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