Eric Posner in an article here in The Volkh Conspiracy explains perfectly in understandable language and logic that makes perfect sense. Basically, the Obama Administration won’t for a variety of reasons, but chief among them is they could not get a jury to convict. The lawyers said it wasn’t torture, so those actually doing the “torturing” did not have a criminal intent to break the law. And the Administration does not want to expose those Democrats who were kept advised of what was going on as being either complicit–or too weak and cowardly to take any steps to stop what they knew was going on. And last but not least, there is a serious Constitutional issue of whether a mere statute forbidding “torture” can trump the President’s Article II powers to conduct foreign wars as he sees fit. I highly recommend his short but sweet article!
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