As early as November 2002, the military was pushing back. The Air Force cited "serious concerns regarding the legality of many of the proposed techniques" because they "may be subject to challenge as failing to meet the requirements outlined in the military order to treat detainees humanely."
The top legal adviser to the Criminal Investigation Task Force weighed in, arguing that the techniques "may subject service members to punitive articles of the
." The "utility and legality of applying certain techniques" was, the lawyer advised, "questionable." Getting more to the point, he added that he couldn't "advocate any action, interrogation or otherwise, that is predicated upon the principle that all is well if the ends justify the means and others are not aware of how we conduct our business."
The Army didn't like it, either. The Army's International and Operational Law Division chief determined that the program "crosses the line of 'humane' treatment" and would "likely be considered maltreatment" under military law and "may violate torture statute." The request to torture was deemed "legally insufficient."
The Navy wanted further review and the Marine Corps expressed "strong reservations," saying the request to torture wasn't "legally sufficient." The proposed techniques "arguably violate federal law, and would expose our service members to possible prosecution."
Despite the broad and deep concerns within the military, Haynes recommended to Defense Secretary Donald Rumsfeld that the bulk of the practices be approved. On December 2, Rumsfeld signed off, famously scribbling in the margins: "I stand for 8-10 hours a day. Why is standing limited to 4 hours?"
http://www.huffingtonpost.com/2009/04/22/bush-administration-ignor_n_190129.html