The attacks of 9/11 were criminal acts committed by legal immigrants inspired by hatred from radical groups origionating in the middle eastern area.
It was not a declaration of war, and if it was, on whom?
The Military went into the Middle Eastern area with other allies to weed out the group’s foundations as foreign criminals , not as any declaration of war.
Torture is a criminal act. The act of a person holding another captive and torturing them is a crime by most legal standards, and it is the same (or should be) within intelligence agencies or other government and military groups. They are not above the law. The Constitution clearly defines this. Anyone found to act out torture on any human being should be arrested.
. The Bill of Rights also defines torture going against the fifth amendment.