Hayden: waterboarding may be illegal.

Earlier this week, CIA director Michael Hayden left open the option of reinstating waterboarding. Yet in a House Intelligence Committee hearing today, Hayden said that agency lawyers are unsure of the legality of the tactic:

It [waterboarding] is not included in the current program, and in my own view, the view of my lawyers and the Department of Justice, it is not certain that that technique would be considered to be lawful under current statute.

Watch it:

[flv http://video.thinkprogress.org/2008/02/haydenillegal3.320.240.flv]

Hayden told the committee that he “officially prohibited CIA operatives from using waterboarding in 2006 in the wake of a Supreme Court decision and new laws on the treatment of U.S. detainees,” the AP notes.