Torture is simply not a good way to get information
Given the overwhelmingly negative evidence, the really interesting question is not whether torture works but why so many people in our society want to believe that it works. At the moment, there is a myth in circulation, a fable that goes something like this: Radical terrorists will take advantage of our fussy legality, so we may have to suspend it to beat them. Radical terrorists mock our namby-pamby prisons, so we must make them tougher. Radical terrorists are nasty, so to defeat them we have to be nastier.Perhaps it's reassuring to tell ourselves tales about the new forms of "toughness" we need, or to talk about the special rules we will create to defeat this special enemy. Unfortunately, that toughness is self-deceptive and self-destructive. Ultimately it will be self-defeating as well.
Still, the fact that it is not an effective means of extracting information does not weigh on me as much as the vile and barbaric aura it generates. It definitely is cruel and unusual punishment, and nowhere in the Constitution does it specify non-citizens are life forms devoid of humanity. While we may be battling savages who stoop to even lower levels of physical abuse to satisfy their goals of conquest, I don't believe that we must become monsters of an equivalent scale. We're supposed to be the good guys, who bring justice, not vengeance.
The Bush administration's nominated candidate for Attorney General sanctioned torture and fought to enable more of it, as the Abu Ghraib scandal has exposed.