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The Nuremberg Defense

The more I see of Sen. Whitehouse, the more I like. Here's his second try to get a straight answer out of AG Mukasey on torture:

At bottom, the administration's defense is no different than the defense used by defendants at Nuremberg. They failed there. Is there any doubt they should fail here as well?

Worth noting: The "we were only following orders" argument is also being used by the telecomm's and their supporters to justify a grant of immunity for their past actions.