You see, Bill and I are arguing the actual implications of what Rothbard is saying. You, on the other hand, as a true believer, choose to misdirect with insults and focus heavily on technicalities.
If something is legal on its face, prosecution is ideally not brought. This is why the George Zimmerman prosecution did not go forward initially: the case seemed to be an open and shut case of self defense. Only after political pressure was Zimmerman arrested and made to prove self defense affirmatively. That is not the way to run a functioning criminal justice system.
Police that torture will not be prosecuted unless and until the defendant is found to be innocent of the charges that "justified" the torture in the first place. No thought is given by you or Rothbard of the implications of such incentives on police conduct.