The Administration and its congressional allies have brought us to a pretty pass if a court can decide that the normal duties of those in the armed services include inflicting torture. Presumably the court decisions rest on the infamous "torture memoranda" that were promulgated by the Justice Department (and were in force when the atrocities occurred) but were subsequently withdrawn.
Relying on these memoranda, the distinguished generals and colonels who were the defendants in this case (Rasul v. Myers et al.) is akin to taking the Nuremberg defence: "I was just following orders." This defense was rejected at Nuremberg and it should be rejected here.
The Supreme Court should take up this case and rule that torture is never acceptable as a standard operating procedure in the United States Military.
Sent to Boston Globe