>> waterboarding, slapping, smashing against walls -- >> these were carefully designed with an idea -- with the principles in mind of our statutory obligations and international commitments. the principle tests were, do they involve severe pain or suffering? do they involve severe and prolonged pain or suffering. as a result these procedures were carefully designed so they would not pass those barriers. waterboarding, unlike world war ii where japanese attempted to drown people by basically pouring water in their mouths, here the feet were elevate sod there's little or no chance of fluid getting into the lungs and very careful standards set in place so these would help break the resistance of the detainees without placing their life in danger. >> let me pick up on that for you, senator whitehouse, because the 2002 justice department memo that was the basis for this