That is indeed where you end up when you truly have to defend the Bush administration’s disastrous decision to set up a torture and detention camp without even basic due process or vetting. And so Ari Fleischer went there:
They [the Germans] followed the law of war. They wore uniforms and they fought us on battlefields. These people are fundamentally, totally by design different. And they need to be treated in a different extrajudicial system.
That “different extrajudicial system” was a torture camp. And pace Fleischer, it was indeed outside all laws, domestic and international, and most certainly against any basic laws of warfare, as championed by the US from George Washington to the Geneva Conventions.
But since Fleischer did bring up the Nazis, it’s worth noting that they devised the exact same torture techniques authorized by Fleischer’s bosses. In German, the term for “enhanced interrogation” was “Verschaerfte Vernehmung.” Its methods were close to identical. You can read all about it here and here. I’m guessing Fleischer has yet to come to terms with that fact.