Imagine that U.S. forces capture Osama bin Laden or a high-level lieutenant in Pakistan next month and hand him over to the CIA, amid intelligence reports that a massive new Qaeda attack on America may be imminent.
Should it be illegal for CIA interrogators to try to scare the man into talking by yelling at him? By threatening to slap him? By pretending to be from Egypt's brutal intelligence service? What about turning up the air conditioner to make him uncomfortably cold? Or denying him hot food until he talks, while giving him all the cold food he can eat?
Stuart Taylor, writing in The National Journal, notes that these may be illegal under a proposed bill.
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