"nobody has yet to definitively define waterboarding as torture"
Really? You may be thinking of Bush's buttmonkey AG Mukasey, who weaseled on the issue...although he did allow as how if it were done to him, he'd consider it torture.
You seem to be saying that if we tortured suspects using waterboarding, we'd be in good company with the Chinese. Also the Spanish Inquisition and the Gestapo and Japanese and PolPot's Cambodia. Which two out of those four were successfully prosecuted for war crimes? Yeah, that's really the company I want America to keep.
"Until then, we can do it with impunity." Just curious, Scott: Do you ever read your words before you click Post?