So basically Obama is out of compliance. He has made a calculation to ignore what the written rules say, because history is on his side. Unfortunately, as far as the law goes, that bet is almost certainly right.
When the International Committee of the Red Cross reported in February 2004 on our various Iraqi detention centers, they noted that at all of them, there seemed to be a single playbook – the real playbook – of practices focusing on the sexual and religious humiliation of those detainees deemed “high value,” i.e. most likely to yield Actionable Intel.