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I just dont get the "They were just following orders" argument, it seems to be entirely in opposition to my (Admittedly sketchy but logical) understanding of US law.

Article Six of the United States Constitution - Wikipedia, the free encyclopedia

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;

(my Bold) So any treaty that is entered into by the US is the supreme law of the land, on par with the constitution. The Torture convention, is not just signed by the US but also ratified by the apropriate political authorities. so qualifies (convention and treaty are interchangeable terms)  and from that

UN Convention Against Torture

  1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
  2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
  3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

So it completely escapes me how it can even be suggested that CIA agents can escape on those grounds.

Any idiot can face a crisis - it's day to day living that wears you out.

by ceebs (ceebs (at) eurotrib (dot) com) on Sat Sep 19th, 2009 at 05:03:14 PM EST
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