For any reason based on discrimination of any kind

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for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. 54 50 For more on the combined use of EITs, s ee CIA “Background Paper on CIA’s Combined Use of Interrogation Techniques,” December 30, 2004. For more on use within and outside guidelines, see Jay S. Bybee, Interrogation of al Qaeda Operative, memorandum to John Rizzo, Acting General Counsel of the CIA DOJ/OLC, August 1, 2002, in IG Special Review , Appendix C, p. 1. “Our advice is based on the following facts, which you have provided to us.… If these facts were to change, this advice would not necessarily apply.” 51 See for example, Sen. Saxby Chambliss, interview by Bob Schieffer, Face the Nation , December 14, 2014 (). See also Sen. Chambliss, “SSCI Study of the CIA’s R&I Program,” remarks in the Senate, Congressional Record , daily edition, vol. 160, no. 149 (December 9, 2014), p. 6419 . “[A]t the end of the day the Agency d id what the President directed them to do under the color of law and based upon opinions issued and updated by the Department of Justice.” 52 See for example, Michael B. Mukasey, Opinion, Wall Street Journal , December 16, 2014. (Mr. Mukasey was U.S. Attorney General from November 2007 to January 2009.) It [waterboarding] was not torture, for at least two reasons. First, Navy SEALs for years have undergone waterboarding of that sort as part of their training, and they report that the procedure does not cause much physical pain at all; their splendid careers show that it also does not cause severe mental pain or suffering as defined in the law. Seco nd, 9/11 mastermind Khalid Sheikh Mohammed … eventually came to know the precise limits of the procedure and was seen to count the seconds by tapping his fingers until it was over. Some torture. Arguably, what broke him was sleep deprivation, but in any event he disclosed reams of valuable information. At last report, he is doing just fine .” 53 Some who believed EITs constituted torture within specified guidelines pointed to fully approved techniques, such as waterboarding (within specified guidelines for a period of time), extended sleep deprivation, and walling. See for example, Sen. Susan Collins, remarks in Additional Views , p. 2 of 5. “[T]he report’s findings lead me to conclude that some detainees were subject to techniques that constituted torture. This inhumane and brutal treatment never should have occurred.” See for example, SSCI Study , p. 3 of 19, Finding 3, “Beginning with the CIA’s first detainee, Abu Zubaydah, and continuing with numerous others, the CIA applied its enhanced interrogation techniques with significant repetition for days or weeks at a time. Interrogation techniques such as slaps and ‘wallings’ … were used in

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