Actually, he did not say torture, he said “harsh interrogation”, but he also said that any information arising from the CIA’s torture of Ahmed Khalfan Ghailani was inadmissible.

I believe that the term is “fruit of the poisoned tree,” and by harsh, he does not mean what Jon Steward did to Jim Cramer, he means torture:

In the months since Mr. Ghailani was brought to New York from Guantánamo Bay, Cuba, Judge Lewis A. Kaplan of United States District Court in Manhattan has rejected defense requests to dismiss the case because of violations of Mr. Ghailani’s right to a speedy trial and because of accusations he was tortured.

But just as the trial was to begin on Wednesday, Judge Kaplan ruled that he would not allow the witness to testify. He noted that the government had acknowledged that it had identified and located the witness through interrogation of Mr. Ghailani when he was earlier held in a secret overseas jail run by the Central Intelligence Agency. His lawyers have said he was tortured there.

Judge Kaplan said he was “acutely aware of the perilous nature of the world in which we live.”

“But the Constitution is the rock upon which our nation rests,” he went on. “We must follow it not only when it is convenient, but when fear and danger beckon in a different direction. To do less would diminish us and undermine the foundation upon which we stand.”

It really is remarkable how the torture fetish of Bush and His Evil Minions^™ continues to f%$# up everything that it touches to this day.

This is why we need prosecutions of both the torturers and those who authorized torture, because when this sh%$ goes down, it hurts all of us, and without consequences for the criminals, more people will be encouraged to break the law.