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And recent (2006) changes to the War Crimes Act would also further criminalize it though that wouldn't necessarily apply to the waterboarding in question.
That change also giving lie to the idea that congress has not done anything recently to make torture more illegal (a lie which also ignores that Congress last year passed a law specifically limiting the CIA to practices that do not include waterboarding but the president vetoed it).
And before somebody says "but, but, but, Pelosi!!!!" I'll say now that if she was aware it was being used then she should be subject to the same potential punishments as anybody else in similar positions.
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