I don't want to belabor the point, since it is rather a subtle one and not central to my argument at all, but the fact is there is at all times agency on the part of the terrorist, even the captive one. He should know that by becoming an unlawful combatant, he will be denied certain rights to due process and to prisoner of war status. He will be treated as the lowest criminal imaginable. Perhaps he has reasonable expectation not to be tortured, but in principle he won't be unless he has valuable information which can be used to save innocent lives, and only then if he refuses to divulge it. By withholding the life-saving information, he is making a voluntary choice. This does not, by itself, justify his torture. Only the need to extract valuable information which saves innocent lives can do that. But he does retain the power to end his torment, something that historically our prisoners of war were not granted by their tormentors (e.g. in Vietnam, Korea, or Japan).