http://www.salon.com/opinion/greenwald/2008/04/27/mccain/index.html In 2005, McCain led the effort in the Senate to pass the Detainee Treatment Act (DTA), which made the use of torture illegal. While claiming that he had succeeded in passing a categorical ban on torture, however, McCain meekly accepted two White House maneuvers that diluted his legislation to the point of meaningless: (1) the torture ban expressly applied only to the U.S. military, but not to the intelligence community, which was exempt, thus ensuring that the C.I.A.—the principal torture agent for the United States—could continue to torture legally; and (2) after signing the DTA into law, which passed the Senate by a vote of 90–9, President Bush issued one of his first controversial "signing statements" in which he, in essence, declared that, as President, he had the power to disregard even the limited prohibitions on torture imposed by McCain's law.
McCain never once objected to Bush's open, explicit defiance of his cherished anti-torture legislation, preferring to bask in the media’s glory while choosing to ignore the fact that his legislative accomplishment would amount to nothing. Put another way, McCain opted for the political rewards of grandstanding on the issue while knowing that he had accomplished little, if anything, in the way of actually promoting his "principles."
A virtual repeat of that sleight-of-hand occurred in 2006, when McCain first pretended to lead opposition to the Military Commissions Act (MCA), only thereafter to endorse this most radical, torture-enabling legislation, almost single-handedly ensuring its passage. After insisting that compelled adherence to the anti-torture ban of the Geneva Conventions was a nonnegotiable item for him, McCain ultimately blessed the MCA despite the fact that it left it to the President to determine, in his sole discretion, which interrogation methods did or did not comply with the Conventions' provisions.
Thus, once again, McCain created a self-image as a principled torture opponent with one hand, and with the other, ensured a legal framework that would not merely fail to ban, but would actively enable, the President’s ability to continue using interrogation methods widely considered to be torture. Indeed, by casting himself as the Supreme Arbiter of torture morality, McCain's support for this torture-enabling law became Bush and Cheney's most potent instrument for legalizing the very interrogation methods that McCain, for so long, flamboyantly claimed to oppose.
And then this year, McCain voted to oppose a ban on waterboarding, claiming that it was unnecessary given that waterboarding is already considered illegal by the Bush administration -- an assertion about which he later admitted he had no real knowledge and which is, in any event, simply untrue.