This argument seems a bit silly. The rescuing circumstance for the argument is that whatever legal process he would face in the US might not be described as predicatble or maybe not even just.

But in general, the arument is flawed. If I rob a bank and barricade myself in my basement when the police shows up I'm not being subjected to torture because I'll face jail for my bank robbery if I leave the basement. Not after one day nor after ten years.