Olbermann Last Night

MSNBC has the transcript.

ABC News had the initial reporting on this:

A senior Justice Department official, charged with reworking the administration's legal position on torture in 2004 became so concerned about the controversial interrogation technique of waterboarding that he decided to experience it firsthand, sources told ABC News.

Daniel Levin, then acting assistant attorney general, went to a military base near Washington and underwent the procedure to inform his analysis of different interrogation techniques.

After the experience, Levin told White House officials that even though he knew he wouldn't die, he found the experience terrifying and thought that it clearly simulated drowning.

Levin, who refused to comment for this story, concluded waterboarding could be illegal torture unless performed in a highly limited way and with close supervision. And, sources told ABC News, he believed the Bush Administration had failed to offer clear guidelines for its use.

And what happened to Levin after that?

The administration at the time was reeling from an August 2002 memo by Jay Bybee, then the head of the Office of Legal Counsel, which laid out possible justifications for torture. In June 2004, Levin's predecessor at the office, Jack Goldsmith, officially withdrew the Bybee memo, finding it deeply flawed.

When Levin took over from Goldsmith, he went to work on a memo that would effectively replace the Bybee memo as the administration's legal position on torture. It was during this time that he underwent waterboarding.

In December 2004, Levin released the new memo. He said, "Torture is abhorrent" but he went on to say in a footnote that the memo was not declaring the administration's previous opinions illegal. The White House, with Alberto Gonzales as the White House counsel, insisted that this footnote be included in the memo.

But Levin never finished a second memo imposing tighter controls on the specific interrogation techniques. Sources said he was forced out of the Justice Department when Gonzales became attorney general.

This is where Keith Olbermann takes up the story.

Daniel Levin should have a statue in his honor in Washington right now.

Instead, he was forced out as acting assistant attorney general nearly three years ago because he had the guts to do what George Bush couldn't do in a million years: actually put himself at risk for the sake of his country, for the sake of what is right.

And they waterboarded him. And he wrote that even though he knew those doing it meant him no harm, and he knew they would rescue him at the instant of the slightest distress, and he knew he would not die — still, with all that reassurance, he could not stop the terror screaming from inside of him, could not quell the horror, could not convince that which is at the core of each of us, the entity who exists behind all the embellishments we strap to ourselves, like purpose and name and family and love, he could not convince his being that he wasn't drowning.

Waterboarding, he said, is torture. Legally, it is torture! Practically, it is torture! Ethically, it is torture! And he wrote it down.

Keith takes it a step further:

Ultimately, Mr. Bush, the real question isn't who approved the waterboarding of this fiend Khalid Sheik Mohammed and two others.

It is: Why were they waterboarded?

Study after study for generation after generation has confirmed that torture gets people to talk, torture gets people to plead, torture gets people to break, but torture does not get them to tell the truth.

Of course, Mr. Bush, this isn't a problem if you don't care if the terrorist plots they tell you about are the truth or just something to stop the tormentors from drowning them.

If, say, a president simply needed a constant supply of terrorist threats to keep a country scared.

If, say, he needed phony plots to play hero during, and to boast about interrupting, and to use to distract people from the threat he didn't interrupt.

If, say, he realized that even terrorized people still need good ghost stories before they will let a president pillage the Constitution,

Well, Mr. Bush, who better to dream them up for you than an actual terrorist?

He'll tell you everything he ever fantasized doing in his most horrific of daydreams, his equivalent of the day you "flew" onto the deck of the Lincoln to explain you'd won in Iraq.

Now if that's what this is all about, you tortured not because you're so stupid you think torture produces confession but you tortured because you're smart enough to know it produces really authentic-sounding fiction — well, then, you're going to need all the lawyers you can find … because that crime wouldn't just mean impeachment, would it?

That crime would mean George W. Bush is going to prison.

Keith Olbermann, American Patriot