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To: Kansas58
I do not think that any American who actually puts cigarettes out on a terrorists eyeballs, in a foreign country, can be tried in a civilian United States Court, as long as the terrorist is out of uniform when captured, is NOT a US Citizen and is not covered by POW protections.

You're wrong. Read the statute:

18 U.S.C. § 2340A. Torture

(a) Offense.-- Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.-- There is jurisdiction over the activity prohibited in subsection (a) if--

     (1) the alleged offender is a national of the United States; or

     (2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy.-- A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

Note that torture is defined in section 2340 as "an act committed by a person acting under the color of law [...]"
46 posted on 04/25/2009 11:34:22 AM PDT by Sandy
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To: Sandy
No, YOU are wrong:

“As used in this chapter—
(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control; “

Waterboarding those NOT covered by Geneva Conventions and NOT covered by the US Constitution (non citizens) was LAWFULLY SANCTIONED by the United States Government!

Any pain or suffering these animals felt was “incidental” to the task of GAINING INFORMATION WHICH SAVED AMERICAN LIVES!

Sandy, wimps like you will force Presidents, in the future, to issue Presidential Pardons to all all CIA and intelligence agents, on a regular basis.

We MUST do what we did.

Cowardice on this issue will likely mean that radical Islam will kill all of us, or in slave all of us, very soon.

47 posted on 04/25/2009 11:50:36 AM PDT by Kansas58
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