More later on this as I parse through the memos, but it is now apparent that the Bush Administration (namely, to John Yoo) that modern American torture is justified by resort to 19th century American Indian law.

Check out this editorial from the NYTs.

UPDATE: Here is the torture memo, courtesy of the ACLU, and here is the relevant AG opinion mentioned in the NYTs editorial (“Modoc Military Prisoners“), cited on page 7 of the Yoo memorandum.