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In a 2004 report that was made public on Monday, the CIA's inspector general noted that "a number of agency officers of various grade levels who are involved with detention and interrogation activities are concerned that they may at some future date be vulnerable to legal action." Depending on your view of the Bush administration's "enhanced interrogation techniques," this spontaneously expressed fear shows either that the officers knew they were breaking the law or that they worried they would be punished for policy decisions made by their superiors.
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Grays of Making Them Talk
It is perfectly legal to offer the condemned a commutation of their sentence to life in prison in return for information regarding other potential criminal acts. Had this been don no torture would have been necessary.
The best part is that only the innocent would have been released back to their home countries. Instead, the feds appeased the Saudis by sending their guilty relatives back to Saudi Arabia giving them the opportunity to return to Afghanistan and kill more Americans.