The United States army reiterated that it would not allow the use of waterboarding interrogation techniques used on prisoners. “The U.S. Armyu strictly prohibits the use of waterboarding during intelligence investigations by any of its members. It is specifically prohibited by Field Manual 2-22-3 and is not a sanctioned interrogation technique in any training manual or any instructions to soldiers in the field.” During hearings into the nomination of Michael Muskasey he continually refused to respond to questions concerning use of waterboarding on grounds it might result in punishment for those who used such approaches. Secretary of Defense Robert Gates when asked if such techniques could be construed as “torture” responded, “I am not going to wander into that legal thicket.”
It is rather confusing why Gates claims he does not wish to “wander into that legal thicket” when the American armed forces have already stated waterboarding is NOT an acceptable technique. Obviously, the American military regards waterboarding as illegal because it constitutes torturing of prisoners.