By Andrew C. McCarthy
Look at the torture statute (Sections 2340 and 2340A of the federal penal code) and try to find a “training” exception. There isn’t one. What removes an act from the ambit of torture (besides lack of severe pain) is intent. Lungren pressed this point, and Holder admitted that the training was “not torture in the legal sense because we’re not doing it with the intention of harming these people physically or mentally.” Intent, he acknowledged, was the key question.
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