Perhaps the most famous torture scene in popular culture comes from the movie "Marathon Man", when Laurence Olivier's character, Dr. Szell, attempts to find out from Dustin Hoffman's character Babe whether the bank in which his diamonds are being kept is being watched, or whether he can safely retrieve them.
Does anyone doubt that what is depicted in this scene is pure torture?
Szell: Is it safe?... Is it safe?
Babe: You're talking to me?
Of course, Babe can't tell Dr. Szell whether it's safe. He has no idea - he didn't even know his brother, who died without telling him anything, was a spy.
Szell: Is it safe?
Babe: Is what safe?
Szell: Is it safe?
Babe: I don't know what you mean. I can't tell you something's safe or not, unless I know specifically what you're talking about.
Abu Zubaydah didn't know what his torturers wanted from him, either, according to a USA Today article:
One former intelligence official with direct knowledge of the case said Zubaydah already had provided valuable information under less severe treatment, and the harsh tactics did not result in a breakthrough. Rather, his captors suffered great distress witnessing his torment, the official said.
"Seeing these depths of human misery and degradation has a traumatic effect," the official told the newspaper.
Szell: Is it safe?
Babe: Tell me what the "it" refers to.
Torture can't possibly "work" if you have the wrong person, or if they have already told you everything they know.
Szell: Is it safe?
Babe: Yes, it's safe, it's very safe, it's so safe you wouldn't believe it.
Szell: Is it safe?
Babe: No. It's not safe, it's... very dangerous, be careful.
All the torture will result in is the victim saying something, anything to make the pain stop. Who cares if it's true, if you say the "right" thing the torturer will be satisfied.
And let's have a look at what constitutes torture. According to the memo written by John Yoo and signed by Jay Bybee:
Physical pain amounting to torture must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.
In Marathon Man, no organ fails. No bodily function is permanently impaired (although Babe probably wouldn't want to chew anything for a while). He clearly doesn't die.
Szell: Oh, don't worry. I'm not going into that cavity. That nerve's already dying. A live, freshly-cut nerve is infinitely more sensitive. So I'll just drill into a healthy tooth until I reach the pulp. That is unless, of course, you can tell me that it's safe.
By the standard laid out in the memo, the whole scene is not torture. That tells you everything you need to know about the honesty of that memo.