Bush, like any person who claims that he violated the law because it was immoral is more than welcome to argue that at trial. Neither you nor I have any idea if that’s accurate because we don’t know the facts. Generally, the burden to prove a defense of necessity is on the defendant, who to this point hasn’t really bothered to even suggest he needs that defense (Bush is still insisting he was relying on his lawyers in believing waterboarding was not illegal).
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