McCarthy: On ‘Torture,’ Holder Undoes Holder

http://article.nationalreview.com/?q=NjZkNGZiODM0YjNmODNkMWFhZDU5Mzk2ZDMwNGRmMDQ=&w=MQ==

To state the matter plainly, the CIA interrogators did not inflict severe pain and had no intention of doing so. The law of the United States holds that, even where an actor does inflict severe pain, there is still no torture unless it was his objective to do so. It doesn't matter what the average person might think the "logical" result of the action would be; it matters what specifically was in the mind of the alleged torturer — if his motive was not to torture, it is not torture.

One might have expected Holder to know that. The argument was used in a DOJ filing before the Sixth Circuit U.S. Court of Appeals only three weeks ago. Indeed, the Haitian example cited by the Third Circuit is quoted here, word-for-word, from the brief filed by Holder's own department.