Gringo,

The fact that many detainees have been able to receive hearings before US courts (and have in fact been ordered released) is an example of differing times and circumstances.

An order of release is not the same as actual release, and with Obama now talking about indefinite detention this is not a trivial distinction.  And yes, the torture program should be "considered as a discrete case," but so should the Templar persecutions.  The fact that I specifically chose them suggested (I thought) I did not think "that period as epitomizing the term torture."  So to be explicit: In medieval times they had their exigent circumstances that they believed required exceptional measures, and the US makes the same claim now.  We look back in horror at the former, how can we expect history to regard the latter?