I don't think so.
Andrew is wrong about this, in my estimation. We won't know without a proper inquiry.
I don't believe there's much evidence that the intent of the torture program was sadism, .... And I see no evidence that those who waterboarded Zubaydah were doing it for the evil joy of it...
In pursuit of other arguments, both Hitchens and now Sullivan appear to ignore by omission the (fundamentalist?) retributive mindset that may well have existed. Why?
From Mukasey on back, the fact that so many involved continue to use in public statements the (exculpatory?) proposition that "only" the perpetrator of 9/11 was waterboarded is ... evidence, n'est pas?
From AS's own quote of the Convention:
intentionally inflicted on a person...punishing him for an act he or a third person has committed or is suspected of having committed...
On some reckonings, gathering evidence of 'specific intent' is one clear reason why AG Eric Holder should not have let this play out in the press, but immediately declared an official investigation.
