George W. Bush’s Justice Department said subjecting a person to the near-drowning of waterboarding was not a crime and didn’t even cause pain, but Ronald Reagan’s Justice Department thought otherwise, prosecuting a Texas sheriff and three deputies for using the practice to get confessions.
Federal prosecutors secured a 10-year sentence against the sheriff and four years in prison for the deputies. But that 1983 case – which would seem to be directly on point for a legal analysis on waterboarding two decades later –
At the trial of the Texas sheriff, Assistant U.S. Attorney Scott Woodward said the prisoners who were subjected to waterboarding were not “model citizens” but they were still “victims” of torture.