Don Surber is an uncommonly ridiculous wingnut.

How pathetic and cowardly.

Don Surber has now scrubbed his blog of his comment I posted earlier, which I'll post again:

Waterboarding isn’t torture according to the federal government. This predates Bush. Sorry, you lose.

Surber has also deleted several comments of mine in which I challenge this notion. He now writes,

Water boarding is legal. And it is not torture.

100 law professors from the likes of Harvard and Princeton disagree with the non-lawyer West Virginian newspaper reporter Surber, and their 2006 letter to Gonzo is here. Excerpt:

Waterboarding is torture. It causes severe physical suffering in the form of reflexive choking, gagging, and the feeling of suffocation. It may cause severe pain in some cases. If uninterrupted, waterboarding will cause death by suffocation. It is also foreseeable that waterboarding, by producing an experience of drowning, will cause severe mental pain and suffering. The technique is a form of mock execution by suffocation with water. The process incapacitates the victim from drawing breath, and causes panic, distress, and terror of imminent death. Many victims of waterboarding suffer prolonged mental harm for years and even decades afterward.

Waterboarding, when used against people captured in the context of war, may also amount to a war crime as defined under the federal war crimes statute 18 U.S.C. § 2441, which criminalizes grave breaches of the Geneva Conventions (in international armed conflicts), and violations of Article 3 common to the four Geneva Conventions (in non-international armed conflicts). Waterboarding is also an assault, and thus violates the federal assault statute, 18 U.S.C. § 113, when it occurs in the “special maritime and territorial jurisdiction of the United States,” a jurisdictional area which includes government installations overseas. In cases involving the U.S. armed forces, waterboarding also amounts to assault, and cruelty and maltreatment under the Uniform Code of Military Justice.

Under the laws of the land, U.S. personnel who order or take part in waterboading are committing criminal acts—torture, assault, and war crimes—which are punishable as felony offenses. The Department of Justice should clarify this to all U.S. personnel, and prosecute violations of the law.

We have no doubt that if a captured American were subjected to waterboarding, the U.S. government would condemn this as torture and demand or seek prosecution.

Again, to argue that forced, simulated drowning isn't torture is just buffoonery.