CIA agent: U.S. waterboarding predates Bush administration's official OK

Former CIA agent John Kiriakou tells the BBC that Abu Zubaydah (right) was waterboarded by the CIA in May or June 2002. But waterboarding wasn't OK'd by Bush administration lawyers until August 2002 when they issued memos on the topic. The CIA won't reveal when Zubaydah was waterboarded.

"If waterboarding was being used then, there's no one who would be able to say that they were relying on a legal opinion because there was no legal opinion at that point to rely upon," says Chris Anders of the ACLU.

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