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It is irrelevant in the sense that the real question is not the definition, but whether it was legal.
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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.
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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What was rescinded in 2009 were legal opinions on whether EITs were legal.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.
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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.
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Not at all, all prosecutions are a matter of weighing the factors to see if it is prudent to proceed.