http://www.huffingtonpost.com/2009/04/22/bush-administration-ignor_n_190129.html...
The idea that torture is illegal, unethical and ineffective is well established in military circles. When elements of the military saw the interrogation plan being crafted by the White House, serious objections were raised. Those objections will be key to any prosecutions because they demonstrate that the White House should have been aware that what they were proposing was against the law.
The architects of the torture program, however, seem aware of the power of those dissenting views and, according to the Senate report, repeatedly denied receiving them.
Then-Captain and now-Rear Admiral Jane Dalton, for instance, told the committee that her staff discussed the military's concerns with DoD General Counsel Jim Haynes, one of the architects of the program, and that he was aware of the military's objections. Haynes, meanwhile, testified that he didn't know that the military was opposed and had written memos to that effect. He later qualified that denial to say he wasn't "sure" that he hadn't been made aware. His deputy, Eliana Davidson, also told him his torture project "needed further assessment," but Haynes, again, said he didn't recall Davidson telling him that.
As early as November 2002, the military was pushing back. The Air Force cited "serious concerns regarding the legality of many of the proposed techniques" because they "may be subject to challenge as failing to meet the requirements outlined in the military order to treat detainees humanely."
...