Worst of all is the claim that lawyers and other government officials complicit in torture (like the legions of CIA agents who conducted torture “approved” by the Justice Department) should be excused because they made honest mistakes in the context of their public service. First, as abundantly clear from the criminal acts for which Scooter Libby was convicted and removed from office, the Bush administration’s national security decisions were hardly honest. International agreements to which the US is a party require mandatory investigation for even merely degrading treatment, regardless of whether or not waterboarding constitutes torture..

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