You forget that use of WMD means you can be subjected to "enhanced interrogation" (aka torture) to extract "actionable intelligence" (aka "whatever nonsense we

You forget that use of WMD means you can be subjected to "enhanced interrogation" (aka torture) to extract "actionable intelligence" (aka "whatever nonsense we make them say, such as 'Obama is not American'"). Therefore adding charges of WMD opens up new doors for prosecution and sentencing.