Might be a recent thing . . .

February 2, 2008, Los Angeles Times Editorial excerpt

The attorney general of the United States, Michael B. Mukasey, testified this week that he would consider waterboarding to be torture if it were done to him, but that he cannot say it's always illegal. We believe these statements are legally and morally wrong, and set a dangerous and hypocritical standard of convenience for torturers. Such repugnant equivocation will be mimicked and distorted in dark corners around the world, and will make it more likely that waterboarding and other forms of torture will be used against U.S. soldiers and civilians.

Mukasey's arguments rely on a legal and moral relativism of the very type that conservatives typically revile. "There are some circumstances where current law would appear clearly to prohibit the use of waterboarding," Mukasey said in a letter before his testimony to the Senate Judiciary Committee. "Other circumstances would present a far closer question." In fact, the question isn't remotely close. Torture is defined as the deliberate infliction of extreme pain and suffering, physical or mental, and mock execution is universally held to be a form of torture. Waterboarding, which has been used centuries, makes the victim feel as if he or she is drowning. Whether it is done carefully enough that the victim does not drown is irrelevant, as the point is to simulate execution. After World War II, the United States prosecuted for war crimes Japanese who waterboarded American prisoners.