re: #717 keithgabryelski

That’s a bizarre leap. If a cop beats a prisoner, do all cops get to beat prisoners with out being held responsible?

Follow it to its conclusion, and you conclude that either, yes, they all get a pass for it, or no, some get a pass for it, and some don’t.

They are orthogonal issues. The issue of whether someone tortured KSM or not is not related to whether he is guilty of the crimes he is accused of.

If he can be tortured and information gathered from those sessions ends up as part of the case, or if it is used to determine or establish other facts used in the case, or assists in identifying a person or item of evidence previously unknown, then the torture becomes a factor in the case. If we should have learned the name of one person whom we subjected to surveillance on the basis of these interrogations, and that surveillance should have resulted in information that established definitively the prosecution’s case, no judge worth his or her gavel would permit it in court.