How about the constitution? Would that work?
Try the Eight Amendment.
I'll wait for the predictable response to see if you get that far.
The memo actually deals with the legality of it.
http://luxmedia.vo.llnwd.net/o10/clients/aclu/olc_05302005_bradbury.pdf
Pages 1-5, once again the formatting is a bit of a problem.
By its terms, Article 16 is Hmite,d to conduct v.1thin "territory under [United States]
jurlsdiction." Wecondude that territory under United States jutlsdiclion includes, 'at mosf,areas
over whic1i the United States exercises at feast de facto authority as the government. Based on
CIA assurances, we unders~and that the interrogations do not take place in any such areas. We
therefore conclude .that Micle 16 is inapplicable to the CIA's interrogation practices and that
those practices thus cannot violateArticie 16. Further, the United States undertook its
obligations under Article 16 subject to a Senate reservation, which, as relevant here, explicitly
limits those obligations to "the cruel, unusual and inhumane treatment ... prohibited by the Fifth
Amendment, .. to the Constitution ofthe United States:';! There is a strong argument that
through this reserVation the Senate intended to limit the scope ofUnited States obligations under
Artide 16 to those imposed by the relevant provisions of the Constitution. As construed by the
courts, the FiahAmcndment does not apply to aliens outsjd~ the United States. The CIA has
assured us that the interrogation techn.iques are not used within the United States or against
United States persons, including both United States citizens and lawful permanent residents.
Because tb~ geographic limitation on the face of Article 16 renders it inapplicable to tbe CIA
interrogation program in any event, we need not decide in this memorandum the precise effect, if
any, afthe Senate reservation on the geographic reach of United States obligations under Article
16. Forthese reasons, we conc!ude in Part nthat the interrogation techniques where and as used
by the CIA are not subject to, and therefore do not violate, Article 16
Page 38-40
Accordingly. \Ve conclude that, in of "an understanding of traditional executive
behavior, of contemporary practice, and of standards of blame generally applied to them," the
use enhanced interrogation techniques in the CIA interrogation program as we understand
it~ does not constitute government behavior that "is so egregious, so outrageous, that it may fairly
be said to the contemporary conscience." Lewis, 523 U.S. at 847 n8,