Lederman on New Anti-Torture Provision:

The New York Times reports:

  Congress barred the government on Tuesday from using any money in a newly passed emergency spending bill to subject anyone in American custody to torture or “cruel, inhuman or degrading treatment” that is forbidden by the Constitution.
  Proponents said the little-noticed provision, in an $82 billion bill devoted mostly to financing military operations in Iraq and Afghanistan, amounted to a significant strengthening of current policies and practices in the treatment of prisoners.

Over at Balkinization, Marty Lederman takes a look and reaches a somewhat different conclusion:

  Unfortunately, this new measure is not what it seems. It is extremely well-intentioned, and it might “send a signal” of sorts — but it does not remove the loophole that permits the CIA to engage in conscience-shocking treatment of aliens overseas, which is no doubt why the Administration is more than happy to have the President sign it.

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