The harsh techniques themselves were used selectively against only a small number of hard-core prisoners who successfully resisted other forms of interrogation, and then only with the explicit authorization of the director of the CIA. Of the thousands of unlawful combatants captured by the U.S., fewer than 100 were detained and questioned in the CIA program. Of those, fewer than one-third were subjected to any of these techniques.

Former CIA Director Michael Hayden has said that, as late as 2006, even with the growing success of other intelligence tools, fully half of the government’s knowledge about the structure and activities of al Qaeda came from those interrogations. The Bush administration put these techniques in place only after rigorous analysis by the Justice Department, which concluded that they were lawful. Regrettably, that same administration gave them a name—”enhanced interrogation techniques”—so absurdly antiseptic as to imply that it must conceal something unlawful…

It is debatable whether the same techniques would be lawful under statutes passed in 2005 and 2006—phrased in highly abstract terms such as “cruel, inhuman and degrading” treatment—that some claimed were intended to ban waterboarding even though the Senate twice voted down proposals to ban the technique specifically. It is, however, certain that intelligence-gathering rather than prosecution must be the first priority, and that we need a classified interrogation program administered by the agency best equipped to administer it: the CIA.