Just as Marty Lederman has been saying,
The New York Times > Washington > Gonzales Says '02 Policy on Detainees Doesn't Bind C.I.A.: Officers of the Central Intelligence Agency and other nonmilitary personnel fall outside the bounds of a 2002 directive issued by President Bush that pledged the humane treatment of prisoners in American custody, Alberto R. Gonzales, the White House counsel, said in documents released on Tuesday.
I don't care how they parse it: waterboarding — that's repeated near drowning — is torture in my book.