Disbar Bybee!, cont'd.

Apparently, I am not the only one who thinks that we might not have a good case in U.S. courts against the CIA operatives in Gitmo; Bybee himself discussed the application of the Cheek case as it pertains to torture. Apparently though, he and I are wrong. It doesn't sound like Cheek would apply after all. The discussion below this post points out the difference between specific intent and willfulness. In this case, the operatives would have had the specific intent to commit the acts of torture, and the good faith defense in Cheek does not negate specific intent, only willfulness, which states that people need to know what they are doing is illegal. Therefore, the operatives would need to show that there was a requirement of willfulness that applies to laws banning torture.