That el-Masri was released (apparently dumped off on some street in Albania, oddly) and that Chancellor Merkel feels comfortable stating that Condoleeza Rice told her that el-Masri was innocent should indicate that the man was obviously not someone who deserved to be taken to Bagram and beaten the crap out of.

Now whether or not CIA agents should be subject to arrest for this is another story. Frankly I am amazed that there is not some kind of program to make amends and hush money to people we have snatched up in error (see also this guy). What happens instead is that these folks sue in righteous outrage and expose lots of things that the U.S. would rather not see come to light.