Why Hasn't Cheney Been Arrested?

From Realclearpolitics:

[NBC's Jamie] Gangel: "A conservative hero the his fans, Darth Vader to his critics, Cheney 's book is an unapologetic defense to his Vice Presidency and the controversial programs he's championed after 9/11. In your view, we should still be using enhanced interrogation?"



Cheney: "Yes."



Gangel: "Should we still be waterboarding terror suspects?



Cheney: "I would strongly support using it again if we had a high-value detainee, that was the only way we could get him to talk."



Gangel: "People call it torture. you think it should still be a tool?"



Cheney: "Yes."

Ok, ok, ok. Let me stop the "unbiased" Gangel right there. People don't call waterboarding torture. The Law calls waterboarding torture. US and International Law:

• United States Code Title 18, §2340(2)
• The UN Conventions Against Torture
• The Geneva Convention Relative To The Treatment of Prisoners Of War

In fact what Cheney said goes directly against the UN Conventions:

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. [emphasis added.]

Ah, the joys of an "unbiased" interviewer! By putting it in "People call it..." rather than "The law says..." frame, she gets Cheney is off at least one rhetorical hook. Why couldn't she just say it was illegal (not to mention immoral and counterproductive)?



And that being the case, why isn't Dick Cheney in jail?



For that, I guess, we have our disappointing President to thank.



Doesn't change the fact that waterboarding is torture and torture is a war crime and George Bush and Dick Cheney are war criminals.