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Relying on a Supreme Court finding that only conduct that “shocks the conscience” was unconstitutional, the opinion found that in some circumstances not even waterboarding was necessarily cruel, inhuman or degrading, if, for example, a suspect was believed to possess crucial intelligence about a planned terrorist attack, the officials familiar with the legal finding said.
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If you have a suspect that's believed to possess crucial intelligence about a planned terrorist attack, do you waterboard him? What if his psych profile indicates that's the only way to get that information out of him in 24 hours?