Torture in Guantanamo outside the McCain amendment

I'm just going to put these two articles together and let you draw your own conclusions. First WaPo.

Bush administration lawyers, fighting a claim of torture by a Guantanamo Bay detainee, yesterday argued that the new law that bans cruel, inhuman or degrading treatment of detainees in U.S. custody does not apply to people held at the military prison.

In federal court yesterday and in legal filings, Justice Department lawyers contended that a detainee at Guantanamo Bay, Cuba, cannot use legislation drafted by Sen. John McCain (R-Ariz.) to challenge treatment that the detainee's lawyers described as "systematic torture."

And then this from AFP

US military officers, breaking with domestic and international legal precedent, said that "war on terror" military tribunals at the Guantanamo naval base could allow evidence obtained through torture.

The US military officer presiding over the trial of an alleged aide to Osama bin Laden said he was not ready to rule out such evidence.