The President can sign whatever executive orders he likes. But the law is the law. We are not bringing back torture in the United States of America.
“On June 16, 2015, the United States Senate voted 78-21 to adopt an amendment to the National Defense Authorization Act for Fiscal Year 2016 that reaffirmed the prohibition on torture by limiting interrogation techniques to those in the Army Field Manual. The Army Field Manual does not include waterboarding or other forms of enhanced interrogation. The law requires the field manual to be updated to ensure it ‘complies with the legal obligations of the United States and reflects current, evidence-based, best practices for interrogation that are designed to elicit reliable and voluntary statements and do not involve the use or threat of force.’ Furthermore, the law requires any revisions to the field manual be made available to the public 30 days prior to the date the revisions take effect.
(R), Arizona and chair of the Senate Armed Services Committee, doubles down on his "I'll see Trump in court" language. This is definitely where the rubber meets the road. Will McCain actually hold the line, or will he fall into line when they either a) resume torturing without regard to the law or b) just revise the Field Manual to include whatever forms of torture they prefer? I'm guessing there will be a thirty day public comment period for which the announcement of said comment period and the contents of the text to be commented on is classified or otherwise disallowed from release to the public. Later, when the practice of torture inevitably leaks in a politically damaging way, various members of Congress and media sources will reveal that, oh, yeah, we knew about and sat on that for months. Didn't seem important what with all those Hillary emails and the Twitter. And so the republic burns.
Lemkin 