A recent poll shows that 68 percent of Americans know that waterboarding is torture and roughly 60 percent oppose it used against terrorists. There are few areas of politics with such clear agreement. Yet, the Democrats refused to fight on the issue and stepped in to protect the nominee from what was clearly false testimony. Why? It is the one question that is not being asked by the media. The answer seems to be that some members knew of the waterboarding but failed to go public. Moreover, if confirmed as a war crime, democrats would be forced to take action against President Bush. The silence of senators on any knowledge of waterboarding is particularly worrisome since it is a crime. As a crime, they should not be yielded to demand of secrecy by the Administration. The president cannot classify evidence of a crime that he ordered. For the poll, click here