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Old 05-01-12, 08:55 AM   #13
Tribesman
Stowaway
 
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It is irrelevant in the sense that the real question is not the definition, but whether it was legal.
Yet the legality of "not really torture honestly" hinges on the definition of torture as torture is illegal.

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I personally believe EITs are torture since the Nazis used the same techniques against our boys in WW2.
Agreed, though I was unsure on choosing the USSR or democratic korea as examples to avoid the nazi comparison.

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What was rescinded in 2009 were legal opinions on whether EITs were legal. The opinions were certainly an aggressive interpretation on what is "Torture" in a legal sense, but no one has been able to show that they had no legal basis whatsoever.
Well there lies the problem, the opinion was a result of what was called proffesional misconduct but it was decided the proffesional misconduct was not deliberate.
If the opinions had a decent legal basis they wouldn't be able to describe them as a result of misconduct.

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If the DOJ is of the opinion that a crime has been committed, it has no choice but to enforce the law.
Not at all, all prosecutions are a matter of weighing the factors to see if it is prudent to proceed.
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