David Cole, national legal director of the ACLU, is legal-affairs correspondent for The Nation. He is the author, most recently, of Engines of Liberty: How Citizen Movements Succeed.
That's what the Obama administration is arguing for, in a crucial case now before the Supreme Court.
Anyone credibly alleging that he was tortured should have his day in court. But recent court decisions suggest that there will be accountability only for American citizens.
In the Sixth Circuit, it was a George W. Bush–appointed disciple of Justice Scalia who cast the decisive vote to uphold the Affordable Care Act's individual mandate.