> Or more realistically, someone from the justice department will write a memo saying that whatever torture he underwent wasn't torture
I don't think 'ex post facto' works like that, but then IANAL.
Certainly it's hard to hold his trial here in America while he's being tortured overseas, and it's fairly tinfoily anyways; why didn't they send Thomas Drake overseas to torture him? Or Ellsberg today? Surely they could think up something to charge him with, if all they needed was some DoJ lackey to write a memo...