the difference referred to is that of state vs. individual action. The point is that when government is given power to use illegal "fire," at its discretion, all of history suggests that that power will be extended and abused. and even if you, for some reason, believe the current administration to be above such temptation, ask yourself if you're ready to trust the next politician with that precedent.
the US justifiably holds a certain moral superiority over other societies that employ barbaric and inequitable punishment and selective and corrupt judicial systems. it seems that singling out individuals to be tortured, barring some very extreme, imminent danger, would damage that superiority.
