As I said in my opening statement, the listing shouldn't matter for the purpose of arbitrary execution and torture. These are absolute standards; they don't have exceptions. It's not okay to kill or torture terrorists arbitrarily, even if the listing were right. In principle, the listing should not be a blockage to this sort of protection.
Frankly, there is room to question that. Obviously the listing is a result of what happened in the European courts. It wasn't just that the governments delisted it; it went through extensive litigation on the substance. Those judgments are public and you can read through them. The judges are damning the listing. They didn't even think it was plausible.
The fact of the matter is, whether it's right or wrong, the listing is there and one has to acknowledge that.