“At the heart of the [Military] commissions’ problems is their original sin, torture. The United States chose to secretly detain and torture the men it now seeks to punish. From the beginning, justice was an afterthought. As a CIA interrogator told a detainee, “[you will] never go to court, because ‘we can never let the world know what I have done to you.’” When the cases did land in court (or military commission), the government was well aware of the consequences of the black-site and other Guantanamo abuse [in the wake of the September 11, 2001, attacks]. The chief prosecutor who was serving when the CIA’s so-called ‘high value detainees’ arrived at GTMO has since said, ‘Rather than bolstering the prosecution’s case, allegations of abuse required further investigation and might leave the prosecution in a weaker position.’ He was correct. Torture impacts and undermines every aspect of these prosecutions.”
– John G. Baker, “Testimony of John G. Baker, Brigadier General, United States Marine Corps, Chief Defense Counsel, Military Commissions Defense Organizations, Department of Defense Before the Senate Judiciary Committee,” judiciary.senate.gov, December 7, 2021