I think we're all on the same page here. The aspect of the debate where I've fallen on the "bad guy" is how you create rules regarding what you can and cannot do. One way is to make a list of things you're not allowed to do (Thou shalt not...). I think there's an army document on interrogation out there that lists the only methods they approve (Thou shalt only...). A Thou shalt only system offers better protection for prisoners, but I've argued in the past that I thought a well constructed list of Thou shalt nots is more desirable because I think it can offer sufficient protection as long as it is subject to civilian courts and enemies can't prepare for it the way they can if you publish a list of Thou shalt only rules.
there were a number of different rules in place, all of which prohibited torture & provided guidelines that were not to be cross; start with the Geneva Convention, and then look at the Army's own manuals on interrogations. This wasn't something that they were unprepared for; a decision was made *somewhere* to incorporate torture as an official US government policy, and then the administration found a particularly sleazy group of lawyers, particularly John Yoo and Jay Bybee, decided they could best advance their careers by giving a legal cover to the policy.
From the wikipedia article on John Yoo (hyperlinks & footnotes removed):
Yoo is best known for his work from 2001 to 2003 in the Department of Justice's Office of Legal Counsel (OLC) in the George W. Bush Administration. In the Justice Department, Yoo's expansive view of presidential power led to a close relationship with Vice President Dick Cheney's office. Yoo played an important role in developing a legal justification for the Bush administration's policy in the war on terrorism, arguing that prisoner of war status under the Geneva Conventions does not apply to "enemy combatants" captured during the war in Afghanistan and held at the Guant?namo Bay detention camp, asserting executive authority to undertake waterboarding and other "enhanced interrogation techniques" regarded as torture by the current Justice Department. Yoo also argued that the president was not bound by the War Crimes Act and provided a legal opinion backing the Bush Administration's warrantless wiretapping program.
Yoo's legal opinions were not shared by some within the Bush Administration. Secretary of State Colin Powell strongly opposed what he saw as an invalidation of the Geneva Conventions, while U.S. Navy general counsel Alberto Mora campaigned internally against what he saw as the "catastrophically poor legal reasoning" and dangerous extremism of Yoo's opinions. In December 2003, Yoo's memo on permissible interrogation techniques, also known as the Bybee memo, was repudiated as legally unsound by the OLC, then under the direction of Jack Goldsmith. In June 2004, another of Yoo's memos on interrogation techniques was leaked to the press, after which it was repudiated by Goldsmith and the OLC
...
The Justice Department's Office of Professional Responsibility (OPR) began investigating Yoo's work in 2004 and in July 2009 completed a report that was sharply critical of his legal justification for waterboarding and other interrogation techniques The OPR report cites testimony Yoo gave to Justice Department investigators where he claims that the "president's war-making authority was so broad that he had the constitutional power to order a village to be 'massacred'" The OPR report concluded that Yoo had "committed 'intentional professional misconduct' when he advised the CIA it could proceed with waterboarding and other aggressive interrogation techniques against Al Qaeda suspects," although the recommendation that he be referred to his state bar association for possible disciplinary proceedings was overruled by David Margolis, another senior Justice department lawyer
and once this one-man constitutional wrecking-ball was done in the White House, he went back to being a law professor at Berkeley, of all places. go figure, eh? Bybee is now a federal judge on the 9th circuit.